dissenting:
The respondents are the newly elected Justices of the Peace of Las Vegas Township. These consolidated proceedings in quo warranto challenge their right to hold office and, if successful, will preclude their further handling of the criminal cases pending against the petitioners in the Justices’ Court of Las Vegas Township. The right of each respondent to hold the office of Justice of the Peace rests upon the premise that *86each was duly elected pursuant to the direction of NRS 4.020(3).1 That statute was enacted in 1965 and directs that two justices of the peace shall serve one justice’s court in each township “having a population of 100,000 or more, as determined by the last preceding national census.” If that statute applies to Las Vegas Township, the respondents may continue to serve as Justices of the Peace. If the statute does not apply to Las Vegas Township, the purported election of each respondent to the office of Justice of the Peace was, and is void. It is my opinion that NRS 4.020(3) does not apply.
Our constitution forbids the enactment of a local or special law regulating the election of township officers and regulating the jurisdiction and duties of justices of the peace. Nev. Const. Art. IV., Sec. 20. Such a law must be general and of uniform application throughout the state. Nev. Const. Art. IV., Sec. 21. It is, of course, permissible to classify according to population without violating the proscription of Art. IV., Sec. 20. State vs. Donovan, 20 Nev. 75 (1887); cf. State vs. Boyd, 9 Nev. 43 (1885). I do not find any constitutional infirmity in NRS 4.020(3) as written, since it may apply equally to all townships coming within the class mentioned. Consequently, had the Las Vegas Township with its 1960 population of 106,755 people not been later divided, the 1965 statute would apply and two justices of the peace for that township would be authorized. This, however, is not the case presented to us.
Las Vegas Township was divided after the 1960 census was taken. Thus, the township listed in the census as having a population of 106,755 no longer exists. Only the name has been perpetuated. A national census has never been taken of the population of the Las Vegas township as it exists now, as it existed in 1965 when the legislation was passed, or at anytime. Any attempt to apply NRS 4.020(3) to a township created after the 1960 census was taken, requires a gross distortion of plain statutory language. Indeed, even if one ignores the obvious, and by sophistry considers that a census was taken in 1960 of the presently bounded Las Vegas Township, the statute cannot apply for want of the required population, since upon division the 1960 population of Las Vegas Township *87was reduced to no more than 88,333 persons. Respectfully, I suggest that the majority, by construction, has made NRS 4.020(3) a local or special law in direct violation of the interdiction of our constitution.
I share the concern of my colleagues about the effect of a decision in this case which would oust the respondents from office. Each has been acting as a justice of the peace for about six weeks and has handled the business of the Justices’ Court of Las Vegas Township during that time. Ouster from office would perhaps nullify their actions and precipitate further litigation.2 Notwithstanding this concern, I think it more important to preserve the integrity of our State Constitution. It is my judgment that todays opinion will work the greater evil as time passes.
I dissent.
NRS 4.020(3) reads: “From and after the 1st Monday in January 1967, there shall be one justice’s court in each of the townships of the state having a population of 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, for which two justices of the peace shall be elected by the qualified electors of the township at the general state election to be held in November 1966, and at each state general election held every 2 years thereafter.”
The legislature is presently in session and may write a new law to effectuate desired ends. Should such occur each respondent would probably be appointed to serve as a justice of the peace.