Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-06-24

this State. and did not intend to re-
turn to said De Lamar school District,
or has not yet returned.
That your respondent has inquired
Of the officers, competent to advise her
in such matters. and she has been ad-
vised to proceed, in accordance with
the fifth subdivision of Sec. 2, article
VII. of the school Law Of 1901, and re-
take the census Of said district: but
subsequently she received a commun-
ication from the State School Super
intendent, who advised against such
a proceeding at that time, hence know
ing that there had been public wrong
done, and knowing of her own know
ledge that there had been two children
believing that they had been wrong
fully and unlawfully put there, and
knowing that said two children were
all that entitled said De Lamar dis
trict to three teachers, and the portion
of the school money alleged in said
writ, and so prompted by her own
sense of justice. she took it Oil her
self to appOrtiOn the money as she did,
and she now believes that she was JUS
titled in so doing"
To this answer Realtors filed the
following Demurrer:-
Now comes the relator and demurs
to the answer filed by the Respondent
herein in the above entitled matter,
upon the ground,
IL That the said answer does not
state facts sufficient to constitute
defense to said action. in this:
ca The said answer admits the cen
sus Marshall's return taken during the
month of May, 1902. for School Dis
| trict No. 49, that being the De Lamar
School District.
! CD The said answer admits that Re-
spondent failed to order newcensus
taken and therefore said census Mar
shall's return in confessedly the only
return upon which the apportionment
could be elgally based.
/ (c) The said answer is insufficient in
that it is in form and substance pet
| itition praying for leave of court 20 set
I'D facts and circumstances in justificat
ion and does not purport to deny i'm
mediately the averments in Realtors
petition, or any thereof.
cd That the so-called answer itself
ically and not ministerially; that she
was directed to perform duty which
she failed to perform or advised to re
frain from performing duty which she
should have performed; and that it is
no defence to try and justify a wrong
where the wrong consists of the viola
ton OF duty which the statute man
datoriy imposes.
Wherefore Relator prays judgement
for the sum of 500 II paid as prayed
for in Realtors petition and for costs.
On the Petition of the Writ, the
tions it seems are before this court
, to-wit: Cd Is the answer sufficient?
: and CD if not, what disposition of this
proceeding should be made?
In answer to the first question we state
that we think the answer is not sufi
, Gent. The three following sections OF
: the School Law of Nevada, it would
: seem, control and govern this matter
:; Section 1901 of Compiled Law O
' Nevada $4,000 reads as follows:
: 1T is the duty of the Census Mar
shall, First-To take annually between
. the first and tnirty-first days Of Ma.
: inclusive, census of all children un
u der eighteen years of age and owe
six years, who are residents of hi
: district on the first day of May SecOn
To report the result of his labors t
the County Superintendent of School
l. on or before the fifteenth day of Jun
y in each year TEird-He shall, whe
practicable. visit each habitatioI
II home. residence. domicile. or place {
> abode in his district, and by actus
observation and investigation enum'
rate the census children of the same
Section 1903 reads as follows:
&
Fifth-'It at any time the Count
Superintendent has reason to believ
that a correct report has not been r
turned, he MAJ appoint Census Ma
shall, have the census retaken, and til
;, compensation shall be audited by tn
. County Commissioners, and paid OF
:. of the County General Fund.-" an
!, Section 1888 reads as follows:
1T shall be the duty Of the Count
!. Superintendent of Public Schools. u
:, on receiving notice from the Count
Continued on Sd page.