Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-06-25

Of each year, and qual terly thereaf-
ter ("
The report of the School Census
Marshal provided for in said section
1901 is the only foundation for ap-
portlonment of State School moneys
to school districts. Respondent. as
Superintendent of Public Schools. had
no legal right to make the School Cen
sus Report and then apportion meneys
on such report; or which is practically
the same thing correct the report of
the duly appointed School Census Mar
shall and apportion money on such cor
rected report. Hence it seems as Re
| spondents answer stands it is insuffici-
EN-
The answer to the second question
above stated, to-wit, what ruling
should be made on this demurrer. is
not altogether free from difficulty.
Counsel for Realtors contend that their
Demurrer to the insufficient answer
! should be sustained and peremptory
Writ of Mandate to Respondent to ap-
portion the additional $9O15 should be
issued
| Under the peculiar circumstances of
this case we think such a disposition
OF it would scarcely be in accordance
with justice or law.
| Respondent, in answer to the alter
native Writ alleges in effect that the
report of the School Census Marshal
on which Realtors base their claim is
an untrue, false and fraudulent docu-
ment nd.report; that of the one hun
dred and tiftytwo children in said report
reported sixty two We're falsely and
fraudulently reported; that none Oh
said sixty two children were residents
Of said district on thefrst day of May,
1902.
II that allegation be true, the dOcu-
ment contains a little over forty per
cent of fraud. A fraud of forty per
cent is too gross to be passed over
lightly. Respondent makes no allega
ton of any legal attempt to correct
the said alleged fraud; on the contra
ry, states official advice in excuse 10,
not making such attempt
In considering this point two things
, should be kept in mind, Q) that from
June 1902 to January 1903, Respondent
had no chance to make the correction
as Respondent did not enter upon the
office of Superintendent of Schools 70!
Lincoln county until January, 1908; be
fore the last named date Respondent
predecessor in the Office of School Su
perintendent had exclusive control O
the matter. For under section 1885
above cited. only the Superintendent
of Public Schools had the power to or
der a new School Census Report 70,
School District, No. IS; and CD the
p question of how this school none,
6 should be applied is not a question eX
! clusively between the Realtors and tn,
, Respondent. The people are deepl,
9 lut6ItSteu III tulS QSStlOH All SOo'
o citizens of our country are interested
, in seeing the school moneys prOperl.
applied. No district, parent or pupi
f should be deprived OF the proper quo
| ia; and if one district gets over it
J., quota, each other district is in pro
- portion injured and parents and pu
pills in the other districts deprived o
>, their just rights. The school fund i
sacred fund; from it alone have ma
ny children of our country any hope o
getting the education so needful t
them in their preparation for life
hard struggle and the duties af Amer
e can citizenship. This fund should b
e fairly and equitably administered. TIL
f utmost good faith should characterlZ
:, everyone connected with its manage
ment and distribution.
Section 1903 above quoted, provide
V that eff at any time the County Super
J. intendent has reason to believe that
v correct report has not been returned
s he may appoint a Census Marsha
o have the census retaken" etc. TIL
. question is: Is it too late to have tina
i done now? Certainly under the langu