Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-07-19
BY B~onnifeld. c. j.

An Act of the Legislature approved
March 9, 1899, provides:
"Sec. /. st any time within sixty days,
after the approval Of this Act any person
firm or corporation, which has furnished
and delivered to any county of the State
OF Nevada, personal property which Is
retained bv any such county under claim
OF ownership and for which such county
has paid no compensatiOn,o or has received
ia return and retains all payments which
have been made on account OF such prop
erty by such county, is authorized to
nominate in written communications de
hvered TO the County Clerk, the Chair
imam of the Beard OF County Commits
sioners. and to the County Auditor OF
tsuch county, one appraiser to fix the true
Evalue Of such property, and upon recelv-
ing such communication, the Board OF
County Commissioners, at its first regu-
lar meeting thereafter, shall nominate one
such appraiser, and the County Auditor
within five days after receiving such
communication. shall nominate II such
appraiser. ThereupOn the County Clerk
of such county shall at once notify each
eff said appraisers, who, or a majority
thereof. shall within len days thereafter
meet al the office Of the County Clerk of
such county and hear all evidence sub
mitted to them and then shall proceed TO
FIX the true value of such property and
file their written finding Of sucn value,
or that Of q majority of such appraisers,
with such County Clerk. All evidence
heard by such appraisers shall bs docu-
mentary or that of witnesses testifylng
under oath first administered by the
County Clerk of such county. Upon the
filing OF such written finding Of the value
the person, firm or corporation furnish
ing and delivering such personal prop
erty, is authorized 10 file q claim against
such county for the amount fixed by
such appraisers, or a majority thereof,
and the Beard of County Comnissloners
shall allow, the County Auditor shall
audit and allow, and the County Treas
urer shall pay ths sans.'(Ststutes lo99,60)
Claiming 10 bs acting under and by
virtue and in pursuance of" the said leg
i~slative Act, the relator presented a claim
against W dSnOS NouuIN III inc sum 81
$l49S.00 for certain metallic furniture ii
furnished and delivered TO said county in
the year 1896. The Board Of County
Commissioners rejected said claim. This
relator petitions fo- a writ of mandamus
to compel the Board to allow the same.
1t appears that the relator appointed
al appraiser and gave notices thereo.
as provided by said Act; that a ma
iority of said Board appointed n ap
praiser, the Chairman of the BOarC
refusing to participate in the matter
and the Auditor refused and failed II
appoint an appraiser: that the two ap
praisers met, heard evidence as to tn
value of said property, and fixed tn
came at the above named sum.
A great many legal questions ar
presented, and objections made b.
counsel for respondents against the is
suing of said writ, and the Act of tn
Legislature is assailed as being uncOn
stitutional on several grounds.
We do lot deem it necessary to pas
upon these several contentious Of com
sci, except such as may be involved i
the inquiry to which we direct our al