The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1894-01-13
SUPREME COURT DECISION,
In the Supreme Court of the state of
Nevada.
mo. 1893. J

H. DUN, AOO11Ool, N0' oAAO Do"AN VI
County Commissioners of Washoe
county, and J. B. Williams, Auditor
of said County, Respondents.
Original proceedings, application
for writ of Certiorari, B. F. Curler,
District Attorney, Benjamin Curler
and Clark & Jones, for Relator; j. L.
Wines for Respondents.
BY THE CoURT-MURPHY, G. j.
This is an application for a writ of
Certiorari requiring the Board of
County Commissioners of Washoe
county, and John B. Williams, Audi
tor of said county, to certify up the
proceedings of said Board and Audi
tor, in reference to certain claim of
G. G. Powning, amounting to the sum
of one thousand dollars, for money adj
vanced and expended by him on &C
count of the celebration of the Fourth
of July, 1898, at Reno. Which claim
was allowed by the Board, and audi
ted by the County Auditor, but has
not yet been paid by the County Treas
urer.
1t is not disputed but that the money
was advanced and expended as set
forth in the claim as presented to, and
allowed by the board; but the relator
claims and argues, that in allowing
said claim the Board of County Com
missioners exceeded its jurisdiction,
therefore it acts are null and avoid.
A number of questions were dis
cussed in the oral argument before
this court, and the points are referred
to in the brief of the attorneys for the
relator; among others the grave ques-
ton of the constitutionality of the act
of the Legislature of 1898, authorizing
the Board of County Commissioners
to appropriate money for encampments
and other public holiday celebrations,
statue 1898, p III. The court has
been asked to pass upon and determine
this question. We're it necessary for
the decision of this case we would not
hesitate to do SO, but from the view
we take of the questions submitted it
is unnecessary to question the validity
of the act, and courts are unwilling to
pass upon the constitutionality of an
act of the legislature, unless it becomes
absolutely necessary to do so, for the
purpose of deciding the question then
under consideration; We therefore,
deem it necessary to notice but one
point argued by the attorneys for the
relator; and that is, whether the Board
of County Commissioners was legally
in session on the 9th day of November,
1898, on which day it passed upon
and allowed the claim in question; if
it was not the acts of it's members
were absolutely void, and the allow
ance of said claim must be set at
naught.
Section 1912, General Statutes, pro-
vides for the election of Board of
County Commissioners in each county
in the State.
Section 1914 reads: "The meetings
of the boards of County Commissioners
shall be held on ahe first Mondays of
January, April, July, and October of
each year, and shall continue from
that time until all the business before
them is disposed Of "
Section 1915 provides for the calling
of special meetings Of the board if the
business of the county should require
the holding of such. The order call
ing special meeting shall be signed
by majority of the board, and the
order shall be entered on the records
of the board. The clerk shall give
notice to the members not signing the
order, and the notice calling such
special meeting shall be published in
newspaper for one week.
Boards of County Commissioners
being creatures of the statue, invested
with special powers, can only exercise
such powers in the manner expressly
conferred by the statue, and their acts
must affirmative appear to be in con-
formity with the provisions of the
statute giving the power to act.
Therefore, before the proceedings had
or business transacted by the board
of Commissioners of Washoe county on
the 9th day of November, 1898, can be