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

The City of Reno is incorporated under
the provisions of that certain act entitled
AN Act to incorporate the Town of Re
no." approved March S, 1897. The respon-
dents We're named in the act as CONSTITUTE
ing the City Council for a certain term, at
the expiration Of which they should BE-
succeeded by members chosen at the gen
8ral election. Sections thirty-four and
Ghirty-fve of said act authorize the City
council to borrow money or to issue
bonds in a limited amount for the pur-
pose of procuring water and the erection
Of water works for the city, if, upon the
submission of a proposition "a majority of
the votes cast of the duly qualified elect
ors residing within the corporate limits
OF the city of Reno, as shown by the last
preceding official registration, are in the
affirmative"
Statutes of Nevada, 1897, p. 50.
In like manner the City Council WIS
authorized to borrow one or issue
bonds for the purpose of establishing all
electric light plant or gas works.
Statutes of Nevada, 1897, p. 60.
Under the provisions of said sections,
an election was held on the 7th day of Dc
sober. 1897, and a canvass of the votes cast
thereat showed a majority in favor of said
propositions, and the City Council under
the authority of said provisions, and the
said election, by resolution duly adopted
advertised for bids for the purchase OF
bonds for the purpose of constructing
water works and an electric light plant
snd for bids for plans and specifications
for the same.
The relator asks us, upon a review o
the proceedings, to annul the action o
the City Council in the premises, assign
ing as reasons therefor the uncostitution
atty of the act Incorporating the city o
Reno, and specifically citing twelve pro
visions of our Constitution whereof til,
set is violative.
Proceedings in certiorari in this Stat,
have been regulated by statute. 1t ha
been denominated a writ of review. "Thi
writ will be granted on application by an.
court of this State, except a Justices, o
recorders, or mayors court; he wri
shall be z ranted in all case. " here an in
ferior ribuna board Or officer, eXercis
ing judicial functions, has exceeded tn
iuris fiction of such tribunal. board, o
officer, and there is no appeal, nor in TIL
judgment of the court any plain, speed,
aud adequate remedy"
Gen. Stats. 1885, Sec. 1858.
THE review upon this writ shall not b
extended further than to determin
whether the inferior tribunal, board, q
officer has regularly pursued the author
Ity of such tribunal, board, or officer
Gen. Stats. 1885, Sec. 3464.
1t will be seen from the above statutnr
provisions, that the power of the court i
Ibis proceeding is limited to a review
those acts only that are judicial i'll cha
aeter, and that are in excess of jNrisdi'
ton, and then only in cas- there is j
right of appeal, 0 in the judgment
the court any plain, speedy and adequa
remedy.
This court has repeatedly and uniform
ly held that the inquiry upon this WI
would not he extended further than ";
necessary to determine whether the int
rior tribunal, board, or officer has exec
ed it's jurisdiction or has regularly p,I
sned its authority.