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

the right to adopt and enforce the rules
set out in the infol nation" Under this
reasoning the court held that quo wd,-
raato was the proper remedy.
The People Elk Rel, VS.. The Board of
Education, 10l ii |. 30S.
The same court in a proceeding undera
petition for a writ of c%ertiOrari, for the
purpose of testing the legality of the or
ganization of a drainage district, after cit
ing the statutory provisions regulating
proceedings in quo WdrrdntO, which we
have quoted, say: "If this drainage dis
trict was not legally incorporated, there
is a complete remedy provided by stat
uto, where the question may be deter
mind and settled in a direct proceeding.
and if the petitioner desires to call in
question ;ne validity of the organization
of the district, he must proceed under
this provision of the statute"
Lees VS.. Drainage Commissioners, 125
Ill. Al.
The doctrine laid down by the court in
the case last above cited was affirmed III
a later case in which the court say: THAT
in the case of Lees VS.. Drainage Commits
sionprs, 125 Ill. A, it was expressly held
that the common law writ of certiorari
cannot be resorted to for the purpose of
determining whether a corporation has a
legal existence and that the validity of its
organization can be questioned only by
quo 1CuTy0ttO."
The commissioners etc. VS.. Griffith ct
al, 1874 Iii. $50.
The anne court in Hinze VS.. The PeO-
Pile, held that quo Wd3T0MtO would lie
against persons who assumed to hold of
fees supposed to be created by law
claimed to be invalid Ivy reason of being
in contraventiOn of the Constitution.
Hinze vs.. The People, % III. 406.
Numerous other decisions of the same
court might he cited in which the SAINT
doctrine has been announced, but as tina
question did not necessarily arise in theS,
cases, it cannot be said to have beer
decided. It will be observed from a com
parison OF the Illinois statute regulating
proceedings in quo W~G1rdnt0, and Of on
statute upon the subject, that, upon til
question under consideration. they ar
practically The same, ana the reasoning G
ILIt ItsstlStS Col!l IL NpIltIu~lNS
Uuu"r h authorities above cited an
the provisions of our statute regulatin
: and limiting the power of the court i
ccrti"iarI. and regulating proceedings i
qap "-tEtttatO. we are clearly Of the opir
ion That his cOur cannot determine tn
Question of the validity of the incorpors
ton of the city of Reno under the a,
$1,000 r- tI-+ r.> a,l .,- -. -
in this proceeding upon the constitution
ality Of that act, under the assignment
made would be the merest dictum.
=, Only one other question remains to l
, determined, which involves the construt
ton Of that clause Of section 81 of the IL
. incorporating the city OF Reno, in whic
, the following language is used: IF a m;
. jority of the otes cast of the duly quail
fled electors residing within the corp
rate limits of the city of Reno, as show
by the last preceding official registratio
; are in the affirmative, the City CounC
= may borrow the money or issue the pr
~ posed bonds = = ~ 1t is admitted by tt
relator that a majority of the votes cast
the election held on the 9TH day of Oct
Der, 1897, was in the affirmative, but it
contended that a majority of the vot
shown by the last preceding official re
istration was not cast in favor of Il
proposition, hence the subsequent actiC
: of the City Council in the premises
. without authority and.void.
The objection is made that the CT
Council in making its order and adop
ing the resolution did not exercise judi
ial functions. but acted in a legislative
ministerial capacity, n that under t
f. statute limiting the power of the court
10 review the proceedings of such inferi
Il tribunals as exercise judicial functio
r. only, we have no power o. authority
W annul such proceedings in certiorari.
. The determination of the squestiC
whether an act is judicial, minister
legislative, or administrative, must d
u pend upon the act and the manner al
ne method of it's exercise. Judicial office
T. are sometimes required to perform pul
~ ly ministerial acts, and boards, tribune
lie and ministerial officers, created for t
he purpose of performing ministerial, leg
p lative or administrative functions, 6
OF often required to exercise acts judicia,
lie character. The doctrine is we'll settl
in that certiorari is the proper remedy
"a which to review municipal resolutio
by and ordinances which are judicial in I
in ture, but should never be allowed to
n view such ordinances or resolutions
to ar, Legislative in charart"r.
he Ency. Pleading & Practice, vel. +, =
lu- Robinson w. Supervisors, li ca.
w. Esmeraida County VS.. The D!s;t
al Court, lS Ner. ABS.