to your satisfaction that they are entitled to registration in your precinct, they should be registered upon request by mail. * Article 2, section 1 (Rev. Laws, 250) of the State Constitution provides: "Every male citizen of the United States **of the age of twenty-one years and upwards, who shall have actually and not constructively resided in the State six months preceding any election shall be entitled to vote for all officers that now are or hereafter may be elected by the people, etc. Section 6 of the same article provides: "Provision shall be made by law for the registration of the names of electors within the counties of which they may be residents, etc. A legal residence is defined in Revised Laws, 3609, and Revised Laws, 3611, provides: "No person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed * * * in the service of the State of Nevada" Section 3610, Revised Laws, provides: "The legal residence of a person with reference to his right of suffrage * * * is that place where his habitation is fixed and permanent and to which, whenever he is absent, he has the intention of returning" In McCrary on Elections, at section 97, the author says: "Domicile or residence in a legal sense is determined by the intention of the party. *** Residence once acquired is not lost by a temporary absence for pleasure or business, or while attending to the duties of a public office with an intention of returning" The last-named author, in sections 133 and 137 of his work, says that "regulations concerning registration must be reasonable, and in section 140 he says: "The provisions of the registration Act, in so far as they direct the mode or proceeding in the matter of registration, are generally to be regarded as directory, and not as mandatory" The Legislature has no right to impose such restrictions on the right of the exercising of suffrage as would constitute a virtual prohibition of such right. Nothing is contained in section 1707, containing directions as to your duty as Registry Agent, which states or implies that the applicant for registration must personally appear before you, and nothing to such effect is contained in the Act, unless it is that portion of section 1709 requiring the voter to take an oath, but this section has the proviso "that no elector who has taken said oath at the time of his previous registration shall be required to do so a second time in the same precinct” From the above considerations I am of opinion that if you are satisfied that the two electors in question are still residents of Goldfield, and are entitled to be placed upon the registry list, it is your duty to act upon their requests by mail and not compel them to suffer expense and loss of time that would be involved in a trip to Goldfield from Carson City for the mere purpose of appearing before you as Registry Agent, to have their registration in your precinct properly entered. The law contemplates that every elector shall have the privilege of exercising the right of suffrage, and any interpretation of the law which would put him to an unnecessary expense in having his name entered upon the registration list is unwise in policy, and cannot be upheld. Respectfully submitted, CLEVE H. BAKER, Attorney-General. By EDW. T. PATRICK, Deputy. Fish and Game-Transportation Companies-Railroads-Shipments of Game. There is no state law prohibiting railroads from accepting consignments of game for shipment from one point to another within this State. CARSON CITY, September 25, 1912. HON. WM. WOODBURN, JR., District Attorney, Reno, Nevada. DEAR SIR: This office is in receipt of your favor of the 19th instant, wherein you ask an opinion as to whether or not it is unlawful for the various transportation companies of this State to receive game for shipment to points within the State of Nevada. Like yourself, after careful examination of the statutes I have been unable to find any sections bearing upon the same, except sections 2099 and 2113, Revised Laws, both of which seem to cover only shipments received in this State for transmission out of its boundaries. No part of the business of a common carrier can be made illegal unless there is express provision of law to that effect, and therefore, in the absence of any statute prohibiting the railroad companies from receiving intrastate shipments of game, I know of no reason why the same should not be upon the same footing as lumber, flour, or any other commodity usually carried by the railroads. It is possible that there may be some provision in the United States laws prohibiting such shipments. No examination of the United States statutes as to this has been made. In the absence of such prohibition in the United States law, it appears to me that the railroads can lawfully accept consignments of game for shipment to points within the State. Respectfully submitted, CLEVE H. BAKER, Attorney-General. By Edw. T. PATRICK, Deputy. Counties - County Officers-Coroner and Public Administrator - Statutes, Repeal Of. So much of the Act of 1866 (p. 231) providing that "there shall be elected * * * one Public Administrator, who shall be ex officio Coroner, has been repealed by section 7543, Revised Laws. MR. A. S. PHIPPS, Yerington, Nevada. CARSON CITY, September 25, 1912. DEAR SIR: The Attorney-General, Hon. C. H. Baker, left here last Thursday for his vacation, and I found among his papers your letter of the 17th instant, asking information in 'regard to the office of Public Administrator, and I am taking the liberty of answering the same for him. It is true that section 2765, Revised Laws, provides under the Act of 1866, on page 231, that: "There shall be elected * * * one Public Administrator, who shall be ex officio Coroner" The Act of March 16, 1909, in relation to Coroners, being section 7542 and following of the Revised Laws, provides: "All Justices of the Peace in this State are hereby made ex officio Coroners" The Act of March 7, 1883, in relation to Public Administrators-being section 1615 and following, Revised Laws-in section 3 of said Act specifies the duties of the Public Administrator, among which there is no specification of his duty as Coroner, if he has any. By comparison of the dates of these various Acts, I take it that so much of the Act of 1866 as is contained in section 2765, above quoted, making the Public Administrator ex officio Coroner, has been repealed by the Act of 1909 (Rev. Laws, 7543). In this opinion I am confirmed by the fact that the Act of 1883 in regard to Public Administrators, in specifying the duties of that office, makes no mention of any duties as Coroner. I know it has been the custom in various parts of the State for the Justice of the Peace to perform the offices of the Coroner in all cases, even in those counties where the Public Administrator has been regularly elected. Trusting this will fully answer your inquiry, I am, By EDW. T. PATRICK, Deputy. CLEVE H. BAKER, Attorney-General. Corporations-Foreign Corporations "Doing Business in This State"-Duty to File Articles. A corporation, owning mining claims in this State and developing them for the company under the supervision of an agent, who hires the miners, directs their operations, and pays them off by personal check, "has entered this State for the purpose of doing business therein, within the meaning of sections 1348-1350, Revised Laws, and said company and its agent are subject to the penalty therein prescribed. CARSON CITY, September 28, 1912. HON. GEORGE BRODIGAN, Secretary of State, Carson City, Nevada. DEAR SIR: From my conversation with you yesterday I understand that the Hardware Mining Company is the owner of a group of claims in the Garfield Mining District, Mineral County, Nevada, and that the same is being developed for the company under the supervision of Mr. Gregory, who hires the miners, directs their operations and pays them off by personal check. Under this state of facts you ask my opinion as to whether or not this corporation "has entered this State for the purpose of doing business therein" within the meaning of sections 1348-1350 of our Revised Laws, and whether or not the corporation should file a copy of its articles of incorporation with you, and whether the corporation and Mr. Gregory are subject to the penalties provided in section 1350 for failure to do so. Upon a careful examination of the above-named sections I am satisfied that the corporation in question comes within the purview of that Act, and that unless it files with you a copy of its articles as therein provided, it is subject to the penalty provided in section 1350, and Mr. Gregory is individually liable to a fine for not less than five hundred dollars. The mere fact that the company is not operating in this State under its own name cannot save it or Mr. Gregory from the penalties of this Act, because it can easily be shown that the money expended by Mr. Gregory is the company's money and is expended on the company's property, and any benefit therefrom will inure to the company. Herewith find enclosed communications concerning this matter which you left with me. Respectfully submitted, CLEVE H. BAKER, Attorney-General. By Edw. T. PATRICK, Deputy. Elections-General Election-State Central Committee-Nomination of Candidates-Vacancies on Ticket, When May Be Filled. There is no time specified within which a vacancy occurring after the holding of any primary election shall be filled. If a vacancy occurs in a nomination by convention, or by petition of electors, such vacancy may be filled at any time before the day of election. CARSON CITY, October 11, 1912. HON. GEORGE BRODIGAN, Secretary of State, Carson City, Nevada. DEAR SIR: I am in receipt of your favor of the 10th instant, requesting information as follows: "Kindly advise this office the length of time, if any, that a State Central Committee may substitute the name of some other person for an office wherein a vacancy has occurred by death or some other cause, as provided by section 27 of the Act relating to primary elections, if this applies, or as provided for under general election laws." In response thereto, permit me to say that prior to enactment of the Primary Law of March 23, 1909 (Rev. Laws, 1736, et seq.), the only method for making nominations in this State was contained in sections 1834-1836 of the Revised Laws, which provide for nomination by convention and also by petition of electors. By the decision of the Supreme Court in the case of State, ex rel. Allen, v. Brodigan, it was decided that Presidential Electors must be nominated by convention, and it follows, with the exception of the officers enumerated in subdivision 2 of section 1737, that all other nominations should be made by primary election or by petition of electors as provided in section 1836. You do not state whether the vacancy to be filled was one where nomination had been made (1) by primary election, (2) by convention, or (3) by petition of electors. If the vacancy occurred in a nomination by primary election, such vacancy may be filled in accordance with the provisions of section 1761, Revised Laws, providing as follows: 1761. SEC. 27. Vacancies occurring after the holding of any primary election shall be filled by the party committee of the city, county, city and county, district or State, as the case may be. There is no time specified within which such vacancy should be filled, but, as a matter of convenience to those officers who are engaged in preparing for the election, action to fill a vacancy should be taken as soon as it may conveniently be done. If a vacancy occurs in a nomination by convention or by petition of electors, such vacancy should be filled under the provisions of section 1839 of the Revised Laws, which provides as follows: 1839. Should a vacancy occur from any cause in the list of nominees for any office, such vacancy may be filled at any time before the day of election by the convention or by a committee to which the convention has delegated power to fill such vacancies, or by petitioners as provided for by section 4 of this Act. The chairman and secretary of such convention, or of such committee, or such petitioners, shall make out and file with the proper officer a certificate setting forth the name of the person nominated to fill such vacancy, the office for which he is nominated, the name of the person for whom the new nominee is to be substituted, and such further information as is required to be When such certificate is filed the officer with whom it is filed As will be noticed by the language of the above quotation such vacancy may be filled at any time before the day of election. Respectfully submitted, By EDW. T. PATRICK, Deputy. CLEVE H. BAKER, Attorney-General. Elections-General Election-Ballots-Candidates for President and VicePresident-Secretary of State, Duties Of. It is the duty of the Secretary of State to certify to the various County Clerks the names of the candidates for President and Vice-President of the various parties, which names shall precede the names of the Presidential Electors of the respective parties. CARSON CITY, October 16, 1912. HON. GEORGE BRODIGAN, Secretary of State, Carson City, Nevada. DEAR SIR: In reply to your communication of October 15, I beg to inform you that it is the opinion of this office that it is your duty to certify in the names of the President and Vice-President candidates, which names shall precede the names of the Presidential Electors of the respective parties. Yours very truly, CLEVE H. BAKER, Attorney-General. Elections-Ballots, Form Of-Constitutional Amendments, How to Appear— Secretary of State, Duties Of. In certifying the various constitutional amendments to the County Clerks as the same shall appear upon the general ballot, it is the duty of the Secretary of State to certify the titles of the various amendments as passed by the Legislature and to add after such titles, where there is not in the title of any proposed amendment an indication of its purport, a brief statement embodying the purport thereof. CARSON CITY, October 16, 1912. HON. GEORGE BRODIGAN, Secretary of State, Carson City, Nevada. DEAR SIR: This office is in receipt of a communication from you asking form for placing the question of constitutional amendments on ballots. The only provision of law which I have been able to find relating directly to this matter is that portion of sections 1844 and 1852 providing as follows: "Whenever any question is to be submitted to the vote of the people, it shall be printed upon the ballot in such manner as to enable the electors to vote upon the question in the manner hereinafter provided. * * * In case of a constitutional amendment or other |