Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-01-27

Commissioners VS.. Griffin ct al, 1874
Ill. $50.
Qninchard vs.. Board etc, IS Pac. (CaN
SIS.
State Elk Rel Thompson ct al, vs.. The
Board, As Pac. New 52S.
In Re Saline County, As Mo. 50.
Bouldin ct al, vs.. Lockhart, 3 Baxter
(Tenn.) 262.
The action of Esmeralda County VS.. The
Board. supra, was in certiorari to review
the proceedings of the District Court.
Under the act a%nnexing a portion Of Es-
meralda County to Lyon County. Lyon
County was required to assume and pay
to ESmeralda County as its portion of the
debt assumed on the annexation of the
territory detached by the act. such an
equal proportionate amount of the in
| debtedness of Esmeralda County as the
, taxable property in the annexed territory
as shown by the assessment roll, bears to
) the payment of the entire debt. and upon
certain contingencies the District Court
! was required to ascertain this mount.
This court held that the acts required to
be performed by the District Judge were
not judicial and could not be reviewed in
certiuriri.
l The Supreme Court of Missouri In Re
Saline County held, that the proceeding
in certiorAri would not lie to review the
action of the county court in subscribing
to railroad stock and issuing bonds for
the payment thereof under a statute au-
th"rlzlng The action, upon "A majority vote
of the taxable inhabitants of the county.
as such action was not judicial.
The supreme Court OF Tennessee in
Bouldin ct al. VS.. Lockhart. supra, held
that the powers granted the county court
to oun and declare the result of the
votes cast in any county for the removal
of the county seat. were not judicial and
not renewable in certiOrari. This mater
was fully discussed by this court in The
State Elk Rel Thompson ct AL, vs.. The
Board. Spprt. and from the reasoning in
: that case and the authorities therein cited.
t we must hold that the action Of the City
3 Council Of the city of Reno in the prem
Uses, under the at of Incorporation, is not
l Judicial and cannot be reviewed in this
proceeding. The determination as to
1 whether a majority of the votes cast at
2 the election held on the 7th OF October,
1897, from a luvas of the returns there
II of, WAS purely a matter Of calculation
= and did not require the exercise Of Judi.
e cIal functions. The determination of the
City Council to issue bonds for the pur.
pose of constructing water w0.ks and al
n electric light plant, while requiring ;ht
exercise OF discretion and good Judgment
was not judicial-no disputed fact was tC
be determined. no parties We're required
but such determination was the exercise
Of a Legislative power conferred by The
act Incorporating the city.
h We must conclude that the proceeding
in certiorari comedies the valid eXistenc,
of the city of Reno, and only allows al
inquiry as to an excess of jurisdiction il
IL those matters that are judicial in charac
n, ter: that the orders and resolutions anC
ordinances of the City Council of tina
D. city that are not of a judicial character
lie can only be reviewed in a proceeding il
al QUO a~cGrrantO under that clause of on
D. statute that confers authority upon tn
is court to make such review where tn
es city has exercised powers not conferre1
g by law. Therefore we have no authorit.
he to pass upon the cOnstitutionality of tn
N act of the incorporation, nor can we an
Is nul the proceedings of tlle City Council
All questions IS to the constitutiOnalit
ty Of III. arj AND al q~uo=:IonS rs to the eX
t. ercise of powers not conferred by law ca
c. be determined il the same proceeding
,r We fully realize tho great Importance o
re the many questions submitted, and 70
to that reason are unwilling ~ give an opin
or ion upon the merits Of those questions i
rs an action where such an opinion may b
to regarded as mece d'rinm.
We have carefully considered the mer
N it's of all matters submitted in this pro
al, ceeding, and are prepared to speed de
e. termine the same in the proper action.
Id Let the writ be dismissed.
rs We concur: oNNIFIELp, J.
g. ca.
us Filled January II, 1898.
EUGENE HOWELL.
re Secretary of State and eN-otii,:io clerk
in the Supreme Court.
Filed with printer for publication al
by uary -. ISIS. Tug ne Howell.
~ STRIc ArrOpErye curpIrrs A.