Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-06-25
IN THE SUPREME COURT OF THE

IN THE SUPREME COURT OF THE
STATE OF NEVADA.
The State of Nevada Elk. Rel. II. w. |
Miles, John Shier and r. r. McNa-I
NEE, as the Beard Of Sshool Trus
tees, of Delamar School District,
No. 10, in Lincoln County. State Of
Nevada,
Realtors. Il
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 10. in Lin
coin county. for Writ of Mandate to
40 Respondent that of the State School
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 $9O15 in adj
dition to the sum that Respondent had
already apportioned to said District.
Realtors base their claim to the writ
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 the State of Nevada,
on the 23d day of March. A. D. 1903,
in which she is the Respondent.
'She admits that she is the duly
elected, qualified and acting County
Superintendent of Public Schools in
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 ap-
portion the Public School money as
she did, and not to be guided by the
I, lsus MarshaIs return, taken during
Tire month of May, 1902, for School Dis
,rict Nc. IS, that being the DeLamar
ScnoOl District
Tirstly-she denies that she said
Census Marshal's return of all school
children between the age of and Is
IS, is a legal census, taken Gas
is required by the laws Of this State
made and privided) in May, 1902, fol
DeLamar School District No IS
I'm justification of this denial, Re
spcndent 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. vii
cox, are the daughters of Mr. n Wads
worth, of Panaca; that they drew
school money in Psnaca 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 tC schoo
there.
Upon her information and belief. Re
spondent further alleges that there art
fully sixty children recorded in sal,
census Marshall's return which are I'm
lawfully and wrOngfully, and contrary
to law. recorded on said census re
turn. That she believes that she Car
show by good and competant witnesses
that at the time said census were taxi
en-, some of said sixty children wee liv
ing in Italy, some in England, ant
some in other states of this Republic
who had never been in the State C1
Nevada, those born in the United
States had never been to the State
of Nevada. Others, your respondent
\ can show, who had previously living
I in the town of De Lamar State of New
ada, and attending school there, hat
left and removed to other states OF
( this Republic, and to other counties OF
this State. and had. at the time said
census were taken in May, 1902, per
manent and substan Sial homes in
other States. and other counties OF
I this State, and did not intend to re
turn to said De Lamar school District
or has not yet returned.
m, iOnI1irn1