Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-04-23

may not be liable for the burden of a
special tax for the period Of forty Years
us he Shall decide. The validity OF tl.is
t=Nls directly called IN question. The
Juige himself, under the c.rtu.u>talices
SHOWN c"nld have jra'jtuted as plaintiff
ms Identical action. & r = = The
Judgment which He renders in The case
vii! be binding his rights and His
property. His interest is in the outcome
% 'he!Il2ati"n and il is adircct, measure
an'"- prcuniary Interest,"
~Eit' Justice Mcfarland, coucurrin@ in
me fragment Of The court. enluhasizes
"a" rl'Ie laid down, and nyintedly marks
inc distinction between he ease at ba,
ana d case where a city in which the
Judge Is q tax payer is a party. and wbere
Chefc asa mere possibility that 4 judo-
"lei't against the city might result in an
increased levy of taxes, and q indgmept
III i"'"r OF the city nig.t bring q redrlc-
Violl OF taxation. lie Says: an the lat-
'er case and III others that could he MON
'i'heo "hF'9 similar principle npplie..
'Ae lhtere>t IS too shadow ". indireot. re-
ni"te aud contingent t. he vit,linther uIo
INA 4 fhan cannot he II Judge in his own
''"' After citing authorities he con-
''.'''>; tat III the rasc At ba. the in
''l'S' ~ 'ie Judge was not indircct. re-
mote "r contingent; ii directly involved
the ihlnc,'iat" imposition of Il spacia,
annual tax upon his property to coutinrc
for forty years.;
So Pac. Rep. 436.
IL VIII be observed that the trisl Judge
vas held 10 be disc u.lifed because ,h.
FACTS showed a direct. pecuniary interest
OF tbs judge in the suit it directly in
VOWED the Immediate imposition of a !
special annual tax upon his roper TO
cohtinue for a number of years. The Act
Incorporating the City of Reno confers |
authority upon the City Council to issue
the bonds and create the indebted ,,ass for
the purpose Of constructing a system of
water works. There is no authority given
the City Council in express terms to tax
the property situated thin the City for
the purpose of providing means OF pay
ing the Interest and che ultimate redernp-
ton of the bonds. If such power or au-
thority exists, 1t arises by duplication
aions. That the Legislature did not deem
1t necessary to confer such power or
authority by direct terms is found ia the
last clause OF Section - Of said Act. tho
section wherein authority is given
to create the bonded indebtedness for
the purpose of constructing a system Of
water works By which the City Council
are dlrectod to provide for the PAYMENT
OF the principal aud interest of the bond.
and are empowered to provide bv ordi-
nance for the distribution of water TO tho
inhabitants Of the City upon such r~eascn-
ABLE terms as they shall deem expedient
Under tbs provisions Of this Act i
might never become necessary t. tax any
Of the property within the CITY for
purpose of raising funds to dis
the interest and forthe ultimate re-
iemption of the bonds. as it was evident
~ expected that the interest ancoeut
might he met and the sinking fund Great
eu from water rate, established bv the
Council.
Applying tie rule Of the California case
cited, it can he said that the Interest
tie trial judge IN the case is too
oh4dowy. Indirect, remote and c~onlincentI
o d'>q"alIty him from sitting. thar his
interest Ill the result oil tie litigation "a
'os siirect, m~easurable or peruniary.
Il - not necessary To s.a~s upon orher
questions d.svus,e,t by counsel. or to de
.evllne the rights ofthc ~ILte.venor. if he
ans. a. the perenptory writ mast 10
AND the proceeding dismissed