Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1874-03-24
DAILY SENTINEL.
INTELLIGENCE.
DEN I'll SHED.
-.rstixcnS vicfO riOuS.

hN lII"t
(der his decision in the case at the
I,,;rr ofthe court yesterdaymorning,
r,o cowd assembled in the court
Inn n hear the decision. Promptly
n o'clock his Honor appeared, and
following is a synopsis of his
DECISION:
ban. Morgan VS.. ID. II. Hall ct al.
me- first question for consideration
his proceeding is the right of the
htor TO this writ. The respondents
IL that this is Il proper writ, but al
that it should he quo wdyranto,
that the inquiry is, by what right
the respondents exercising the du-
Of town officers. In this l can not
loo Will counsel for respondents. In
proceeding the Court is called upon
eor;ew the acts Of Il regularly elect
and oualitied Board of County Conn
s.innrrs. In this cas- there is no
[;rn,,ion of individuals by name to
wise the function of town officers
(at ever; it is clearly II case of addi-
hal mower, or duties annexed to eX-
ns offices, and not the creation of
\ offices. No dispute arises between
PARTIES as to the office of the writ,
bvidel the Court allows the writ,
Ham of the opinion that the rela-
has instituted the proper proceed
It only remains to inquire
other the Board has exceeded its
Esliction. His Honor then cited the
of Legislature approved February
1876. in relation to the power grant
10 the Board for the government of
ms and cities in this State: "The
nrd in this matter acted in Il judi
capacitv, and that capacity is one
anecial and limited jurisdiction, and
hing can be presumed in its favor.
record must show at1irmatively the
bessarv jurisdictional facts, else the
brence is adverse. Is New, 3l9.) The
tlayits in this case accompanying
petition, i'll my opinion, fail to
nplv with the statute requiring Ger
facts to he cstdbiishcd. The afli-
bits of Mcssrs. Maupin, Ramsey and
rpwSkv do not even inierenlially
ID to establish the g~enuinenesS of
signatures to the petition, and to
mind that is one OF the material
b, if not the most material fact, to
established to give the Board ,juris-
ktion. The affidavit of Sullivan, the
y one that can, it seem to me, tend
establish that fact, is, | think, so
ferlive that it can not be con-
erred. 1t does not show that Mr..
llivan is one ofthe persons competent
makc the affidavit required by the
hue. lie states that he is a resi-
Ri and taxpayer in Eureka county,
)Nada. and the statute requires that
should be a taxpayer of the town;
farther, that it does not sufficiently
nifty the petitioner. | know that
k>e objections are said. by counsel
respondents, to be technical, and
It the affidavit is claimed to be asub-
ntive compliance with the statute,
perhaps, under some circunl-
nre>. it might be; but as this is a
fi>dic.ional question ofpower, neither
y Court nor the Board of County
nnmi>>ionerS of Eureka County can
eln any compliance substantial save
LITERAL t. New. SOL Admitting
the affidavit of Sullivan was
P%1icient, that would lot satisfy the
pfuie. The statute requires these
Is to he established by af1idavits,
p one affidavit is not sufficient.
3 81 !. 4 = # +
is claimed by relator that the act
pilict> with the Sth section of article
y the Constitution. The act does not
ce any restriction upon towns and
eS organized under it to borrow
pney contract debts, loan their credit
q levy and collect license tax; but it
s restrict taxation and assessment
HIS extent: sit restricts the levyiny
Faxes upon real and personal prop
y to an annual levy of one per cent.
pm the assessed value, and restricts
assessment to the amount of prop
assessed for State and County pur-
pes. think, therefore, that the act
constitutional, so far as everything
Fohcerned, with this exception: the
"er OF borrowing money, contract
debts, loaning credit and levying
collecting license tax" The Ii
Sc fees which are required to be
q by those who follow particular
lp'oyment are when imposed for the
poSe Of revenue taxes [Cooley'S
!. Linn. 1851 The 10th subdivision
section | of the act reads as follOwS:
provide for the issuance OF all
EhSe> IN this act mentioned, or auth
Eed to he issued and to fix the terms
"hrh and the sums for which the
ne shall be issued"
MS Is clearly an unlimited power
Fly license tax, which it seems to
MUST be unconstitutional. l think
,ush OF the act is valid to carry on
GOWN government. They can levy
i. 'oiiect one per cent. on all the tax
property. nj can borrow money,
Niact debts, or loan their
aa Tor the purpose of pro-
M water. l am of the opinion
mere was failure in showing the
;;uillehes> OF the signatures upon the
nieh.; failure to show that, is fatal;
aelore, the Board of County
"iilSsloners acquired no jurisdic-
over the subject matter, and no
rt 10 make the order declaring the
mm Eureka subject to SAID act, and
a.ehiptlnS to do so, exceeded its
"eiS. 1t Is therefore ordered and add
1eu mat all the proceedings had by
Lnoaru OF County Commissioners
uieha county, State of Nevada, OIL
S;eohd day Of December, 1873,
ing The application of the act in
ou 10 the government Of cities and
IN the State to the town of Eu-
iI,pe and the same are hereby an
THE NEWS IN TOWN,
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