The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1897-09-18
LYON COUNTY VS.. DELLA ROSS.
A Supreme Court Decision OF In
terest to the Public.

In the case of Lyon county, respond
ent, vs.. Della Ross, appellant, the Su-
preme Court has filed an opinion of
general interest. The undisputed and
material facts in the case are that eer-
tain property in Lyon county was sold
for taxes and bid In for Lyon county at
a delinquent tax sale in January, 1894.
The property was not redeemed and
the proper conveyance therefor was
made to the Treasurer of Lyon county;
that the assessed value of the property
in 1893 was 81, 800; that in September,
1894 the Board of Commissioners OF
Lyon couL ~ by an order, which is of
record, directed the Treasurer of said
county to convey said property by deed
to the appellant for the sum of the de-
linquent taxes and costs, amounting in
the aggregate to S42 72; that the sale
was not made at public auction, nor any
notice given that sale of the property
would be made.
Upon these facts the District Court
held that the deed of the treasurer to
the appellant was executed without
authority of law and was, therefore,
void. Was the sale and conveyance
under the facts stated authorized by
law? is, the Court says, the only ques-
tion to be determined.
The Court says the Act to Create a
Board Of County Commissioners and to
define their duties and powers, provides
that the board shall have power to sell
at public auction at the Court House,
after at least thirty days notice lin the
same manner as required by law for the
sale of like property under execution)
and cause to be conveyed any property
belonging to the county, appropriating
the proceeds of such sale to the use of
the same.
An Act approved March e, 1893, pro-
vides that when the county shall have
come into possession OF deed to any
property of an assessed value of less
than 800, the Board of County Com
missioners may, by an order entered
upon the records of the board, direct
the Treasurer to sell such property,
provided. that notice Of such sale shall
be posted in three public places in the
county, including one at the Court
House and one on the property to be
sold for a period of not less than twenty
days prior to the day of sale. The
Court holds that as the assessed value
of the property in controversy is more
than 300 the Act of 1893 cannot be ap-
piled in the case.
The Court in discussing the provis-
ions of Section 1.949 of the General
Statutes says: "The powers of Com
them, being derived from the statute,
must necessarily depend upon its true
construction. The restrictive provis-
ions of the statute were evidently in
serted for the protection aud benefit of
the public and were intended to guard
against favoritism, extravaganza or
corruption in the letting of contracts
for any public work, When the Com
missiOners act under such authority
they must strictly follow all the con-
ditions under which authority is given.
The law is well settled that County Com
missioners can only exercise such pow
ers as are especially granted, or as may
be necessarily incidental for the purpose
of carrying such powers into effect; and
when the law prescribes the mode which
they must pursue, in the exercise of
these powers, it excludes all modes of
procedure.
Sadler VS.. The Board of Commits
sioners of Eureka Co. Is Ney. II.
The Court, therefore, holds that the
sale of property acquired by the county
under existing laws, the assessed value
whereof is 800 or more, can be made
only by the Board of County Commits
sioners at public auction and after pre-
vious notice. The judgment of the
lower court is, therefore, affirmed
The opinion is by Massey, j., Belknap
c. j.. and Bonnifield, j.. concurring.