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

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 on 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
Nov comes the relator and demurs
to the answer filed by the Respondent
herein in the above entitled matter,
upon the ground,
Cd That the said answer does not
state facts sufficient to constitute a
defense to said action. in this
(a) The said answer admits the cen
sus Marshall's return taken during the
month of May. 1902. for School Dis
trict No. 10, that being the De Lamar
School District.
/ CD The said answer admits that Re
| spondent failed to order new census
! taken and therefore said census Mar
] shall's return in confessedly the only
return upon which the apportionment
could be elgally based.
| Co The said answer is insufficient in
| that it is in form and substance a pet
| itition praying for leave of court % set
up facts and circumstances in justificat
ion and does not purport to deny i'm
mediately the averments in Realtors
petition. or any thereof
| (d) That the so-called answer itself
shows that the respondent acted judi
ically and not ministerially; that she
was directed to perform duty which
she failed to perform CT advised to re-
frain from performing a duty which she
should have performed; and that it is
! no defence to try and justify wrong
| where the wrong consists Of the viola
ton of duty which the statute man.
datorny imposes.
Wherefore Relator prays judgement
| loI lAC SUN VI PJo IL paul DIS pi dS GU
for in Realtors petition and for costs. -
On the petition for the Writ, the
Answer and the Demurrer two cues
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 suffi-
clent The three following sections of
the School Law of Nevada, it would
seem, control and govern this matter:
Section 1901 of Compiled Laws OF
Nevada $4,000 reads as follows:
, ct is the duty Of the Census Mar
shal, First-To take annually between
the first and tnirty-tirst days Of May
inclusive. a census of all children I'M
der eighteen years of age and over
six years, who are residents of his
district on the first day of May. Second
To report the result of his labors tC
the County Superintendent of Schools
, on or before the fifteenth day of June
in each year. Third-He shall, wher
practicable, visit each habitation
home. residence domicile, or place o
abode in his district and by actua
. observation and investigation enume
rate the census children of the same.
Section 1903 reads as follows:
"*
' Fifth-'If at any time the Count,
: Superintendent has reason to believe
that correct report has not been re
/, turned, he may appoint a Census Mar
: shall, have the census retaken, and The
! compensation shall be audited by thu
County Commissioners, and paid on
: of the County General Fund.- ant
. Section 1888 reads as follows:
1T shall be the duty of the County
Superintendent of Public Schools, up
' on receiving notice from the County
treasurer and the County Auditor as
provided in this Act, to apportion tt
the public school moneys in the Coun
ty Treasury among the several schoo
districts of his county. as follows
First, he must ascertain the number
OF teachers each district is entitled to
by calculating one teacher for every
| seventy-five census children or frac
tion thereof as shown by next proceed
t ing school census; second, he mus
ascertain the total number of teachers
for the county by adding together the
number CT teachers assigned to the
several districts upon the basis of one
teacher to each seventy-five census
children or fraction thereof; third
forty per cent of the amount of the
apportionment from the State and
Count School Fund shall be appo.
toned equally to each district for ey.
cry teacher assigned it. upon the basis
of seventy-five census children or frac
|