Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-06-24
IN THE SUPREME COURT OF THE

IN THE SUPREME COURT OF THE
STATE OF NEVADA.
The State Of Nevada Elk. Rel. n. w.
Miles, John Shier and r. p. McNa.
NEE, az the Board Of Sshool Trus.
tees, Of DeLamar School District.
No. 10, in Lincoln County, State of
Nevada,
Realtors.
Sarah Wedge, as County supeinten.
dent Of Public Schools Lincoln Coun.
ty, State Of Nevada.
Respondent.
State Of Nevada.
County Of Lincoln, s. s.
APPLICATION FOR WRIT OF MAN.
DATE.
This is an original proceeding in
this Court by the Realtors as the
Board of School Trustees of the De-
Lamar School District No. Is. in Lin
coin county. for Writ of Mandate to
iN'Sl'bilttit tildl u me Dtdlt otllOOl
moneys apportioned to said County
Respondent as the regularly elected.
qualified and acting County Superin-
tendent of Public Schools of said coun-
ty, apportion the sum of S9O15 in ad-
dition to the sum that Respondent had
already apportioned to said District.
Rolotnrc hoc ia; ~
on the report Of the School Census
Marshal of said district made in 1902,
claiming that under said report the
number of census children in said dis
trict was sufficient to entitle the said
district to said additional sum.
In answer to the Alternative Writ
herein issued, Respondent states as fol
lows:
Now comes the Respondent. Sarah
Wedge, and admits. narrates and al
leges, in her answer to the Alternative
Writ of Mandamus issued out of the
Supreme Court of tho State Of Nevada,
on the 23d day of March, A. d. 1903,
in which she is the Respondent
':She admits thlJ she is the duly
elected, qualified and acting County
Superintendent of Public Schools in
and for Lincoln County, State of New
ada.
"Respondent alleges that she has no
way to answer the allegations alleged
against her. In Realtors application
for this Writ, for the reason that a
copy thereof has not been served upon
her. Wherefore. she respectfully asks
the permission Of said Court to mar
rate. herein. all of the facts and cir
cumstances which caused her to APP
portion the Public School money as
she did. and not to be guided by the
Census Marshals return, taken during
the month OF May, 1902, for School Dis
trict No. IS. that being the DeLamar
School District.
''Firstly-she denies that she said
Census Marshals return of all school
children between the age OF 6 and Is
years, of DeLamar School District No
Is, is a legal census, taken taken as
is required by the laws Of this State
made and privided) in May, 1902, for
DeLamar School District No. IS.
In justification of this denial, Re
spondent alleges, that she knows OF
her own knowledge that two OF the
children recorded in said census re
turn, alleged therein to be F. F. VIII
cox, are the daughters of Mr.. N. Wads
worth, of Panaca; that they drew
school money in Panaca District dur
ing the year 1902, were registered il
Panaca census return for May, 1902
and that they never resided in Della
mar school district, nor went to schoo
there.
Upon her information and belief. ne
spondent further alleges that there ar
fully sixty children recorded in sal
census Marshall's return which are ur
lawfully and wrongfully, and contrar
to law. recorded on said census re
turn That she believes that she ca
show by good and competant wltnesse
that at the time said census were TAI
en-. some of said sixty children wee IN
ing in Italy, some in England all
some in other states OF this Repupli
who had never been in the state
Nevada, those born in the unite
States had never been to the ota'
of Nevada. Others, your Responder
can show, who had previously Twin
in the town of De Lamar, State OF Me-
ada, and attending school there ma
left and removed to other states
this Republic, and to other counties
this State. and had. at the time sal
census were taken in May. 1917. pc
manent and substantial homes
other States. and other counties