The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1894-02-10

That is the duty of the judge who pre-
sides over the court in which the COM
plant is filed, and under our liberal
form of practice if the judge before
whom the case is to be tried Is of the
opinion that the complaint is INSULT
Gent he can and will allow it to be
amended.
Of the right of an Individual tax
naver to commence and maintain an
action to determine the legality or
ownership of a claim or demand pre-
scented against the county we do not
entertain the remotest doubt.
Upon this subject the Supreme
Court of the United States, in the case
of Champion VS.. Zabriskie, 1O1 U. s.,
600, said:
"Of the right of resident tax-pay-
ers to invoke the interpositon of a
court of equity to prevent an illegal
disposition of the moneys of the
county or the illegal creation of debt
which they in common with other pro-
perty holders of the county may other
wise be compelled to pay, there is at
this day no serious question. The
right has been recognized by the State
courts in numerous cases, and from
the nature of the powers exercised by
municipal corporations, the great dan
ger of their abuse and the necessity of
prompt action to prevent irremediable
injury, it would seem eminently pro-
per for courts of equity to interfere
upon the application of taxpayer of
county to prevent the consumation
of wrong when the officers of those
corporations assume, in excess of their
powers, to create burdens upon pro-
perty holders.
For authorities on this subject see
Dillon on Municipal Corporations,
third ed. sec. 914, ct seq.
Prior to the enactment of the stat
ute of 1898, under and by virtue of sec
ton 1862 General Statutes, any tax
payer of the county might appear be-
fore the Board of County Commission
ers and oppose the allowance of any
claim or demand against the county:
but the act did not stay the proceed
ings of the board. 1t might entertain
the objections or disregard them as to
it might seem fit; there was no appeal
from it's decision and the taxpayer
was without remedy, except by filing
bill in equity and asking for re-
straining order, which in the majority
of cases, on account of the absence of
the Judge from the county could not be
done until after the mischief cCm-
planned of had been consumated.
The act of 1898 was passed with
view to remedy the defect in the law,
and when objections are filed to the
allowance of claim or demand the
board must discontinue the further
consideration of the claim or demand
for at least ten days. If at the end of
ten days no suit has been commenced
the board may proceed and pass upon
the claim or demand, but if suit has
been commenced the board is Invested
of all jurisdiction and cannot act I'M
til the final determination of the con-
troversy by the court, for it's duties
are defnately prescribed by the act,
and it cannot exceed the powers there
in conferred upon it.
In therefore follows that the Board
of County Commissioners of White
Pine county had no jurisdiction over
the subject matter on the 10th day of
December 1898, and the order made
and entered on it's minutes on that
day authorizing and directing the Au-
ditor of White Pine county to draw
his warrant against the general fund
in the county treasury in favor of w.
L. Davis, for the sum of So, 421 80
was absolutely null and void and must
be set aside, and it is so ordered
MURPHY, G. J.
We concur. BIGEIOW. !.