Walker Lake bulletin. (Hawthorne, Nev.) 1883-1926, 1884-12-17
SETTLED AT LAST.
Text Of the Supreme Court Decision
In the "Land-sIidsv Case.


Following is the decision of the
Supreme Court in the case brought by
this county to have the Landslide"
Act annulled:
TIE Safe Of Nepo6a, er rel. Fsperalda
County, Petitioner, Us, The District
Court Of tie Third Judicia District
Of The State Of Needda, Ct al. Respond.
cats.
Petitioner claims that the Act annex
ing portion of Esmeralda County to
Lyon County (Stat. 1883, 99) is uncon.
stitutional, in this, that ii imposes
duties upon the District Judge (Sec. g.
that are not judicial in their nature, in
contravention of Art, III, of the State
Constitution; that, inasmuch as the
Boards of County Commissioners failed
TO act within the time prescribed by
Section 2, the entire provisions of the
Act was absolutely null and void.
Respondents contend that if the
acts conferred upon the District Judge
by the sixth section are not judicial in
their nature they cannot be reviewed,
by this Court, in this proceeding.
The language of the statute relating
to the writ of certiorari is clear and
plain, and fully sustans the position
contended for by respondents.
This writ may be granted ON appli-
cation by any Court Of this Stale, ex-
cept Justices, or Recorders, or
Mayors Court; The writ shall be grant
ed in all cases when an inferior lribu-
nal, board or officer, exercising judicial
functions, has exceeded the jurisdiction
of such tribunal etc, Il Com. L.,
1879
The Act under consideration requires
the County of Lyon TO assume and pay
portion of the indebt edness of
Esmeralda County as just and fair
compensation for the TERRITORY
detached. and it specially provides the
method by which the amount shall be
ascertained. The ascertsinment of the
amount does not involve any examina
ton or weighing of testimony, or any
determination of any principle Of law,
or the exercise of cry discretion of
judgment. The Act provides tina. the
County OF Lyon shall assume and pay
to the County Of Esmeralda, as its por.
ton OF the debt assumed on the annex
| alton of the territory detached Ly the
Act, such an equal and proportionate
| amount of the Indebtedness of Esmer.
aida County as the taxable property in
such detached and annexed territory,
as shown by the assessment roll OF
Esmeralda County for the year 1882,
bears 10 the payment Of the entire
debt" (Sec, g
In performing thi. duty the District
Judge WAS not required to exercise any
judicial functions. People vs.. Ala.
media County, a6 Cal, 24S)
The duties performed by the District
Judge in pursuance 10 the statute, did
not become judicial acts merely
because they were performed by a
judicial officer. 1t has often been
decided that the action Of a judicial
officer in regard to matters which are
exclusively executive or legislative in
their nature, even when the act of the
Legislature requiring such duties to be
performed is in violation of the con
stlutional provision, cannot be
reviewed by certiorari. Under the
laws of this State we are only autho-
rized TO review the record and pro-
ceedings OF Inferior courts, officers of
tribunals, acting in judicial capacity
and exercising judicial functions.
The acls required 10 be performed by
the District Judge, ia the event of the
Boards Of County Commissioners
falling to agree, are not OF such Judi
cial nature or character as to autho-
rize this Court TO review them on n
cerii0ro1i. People VS.. Board of Edu-
cation, "a Cal, 377; Saline County vs..
Petitioners, As Mo-, So; People vs..
Supervisors, 45 Barb, 1884; People vs..
Bush, 30 Cal, 345; Spring Valley W.
w. VS.. Bryan, 50 Gala. 1881.
The writ should therefore be dis
missed.
1t is SO ordered. HAwLEY, G. J.
We concur:
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