Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-08-10

d the state q
Davidson and
istrict Court Of
Attorney for Respond
1r0ceeding in Prohibition
~ Nofcfoss,J.
An oridnal proceeding to
VII Of prohibition restraining
hunting respondent, the Dist
shove named and the Hoa.
aprphy. Judge thereof, from
~ ceeding, other than to make
~ dismissal, in a certain
u siic Court pending ard en-
Sun Flerfield, Complainant, VS.
En BEL. j. E. Davidson, and
~ Russell, Defendants. AccusaJ-
A. iss rance Of the writ is demand
up0n the grounds, first: That
- Court has no jurisdiction of the
64{f1fa or the subject of said action; -
4e91o6 THAT said Court has no ju--
kr4leQan OF the parties, or of the sub
5qrtff said action in the manner and
herein assumed to be exercised
{ b. ESaid Court"
TIE defendants in said action, petit
3oners herein, are regularly elected,
s0ualified and acting officers of the
said county of Esmeralda as follows:
The said William 3ell and James Rus
ssell. are the Justice of the Peace AMI
G0nstable resp. ctively, of Goldfield
Toypsnip and the said j. E. Davidson
- the District A torney of the county.
The hction sfdgnt to be prohibited
ny tAiT proceeding was instituted bv
Inc complainant, A. Symmetrical. n
qtlxeL and taxpayer of said county.
f0r fhr purpose of removing said peti.
uonersl from office for alleged NAL
feasanoe
me proceeding was brought under
the ppslvisions of sections 80 to GO Of
an Ac entitled; An Act relating to
elecfhfs, approved March II, 1878.
tC0mpled Laws Secs. 1912 to 1915 }
which sections read as follows:
Sec 50. II any person now hold
m9 oiAwho' shall hereafter hold any
once ~ this State, who shall refuse
pr neEfct to perform any official act
IA the manner and form as now pre-
scr1Dei Ply law, or who shall be guilty
OF any Malpractice or malfeasance in
ONCE, shall be removed therefrom as
herein prescribed
Sec.s,. Whenever any complaint in
writing duly verified by the oath of
any coinplainant, shall be presented to
the distfict court, alleging that any
somcer within the jurisdiction of said
court has been guilty of charging an l
collecting any illegal fees for services
rendered or to be rendered in his
Office, or has refused or neglected to
perform the official duties pertaining
to his office as prescribed by law, or
has been guilty of any malpractice or
maiteasance in office, it shall be the
duty. OF the court to cite the party
charged to appear before him on a
certain day, not more than ten nos
1cc,r. &C.,
said complaint shall be presented, and
on that day, or some subsequent day
not more than twenty days from that
on which said complaint is presented,
shall proceed to hear, in a summary
manner, the complaint and evidence
! offered by the party complained of
4 and If, on such hearing, it shall ap
4 pear that the charge or charges OF
4 said complaint are sustained, the court
shall enter a decree that said party
q complained of shall be deprived Ct
his Office, and shall enter a judgment
s for bve-hundred dollars in favor Of
the complainant and such casts as arr
h Alowed in civil cases.
Sec. 81. 1t shall be the duty d
4 the Clerk of the Court in which sucl
3 EfOCee0luSS are Hdu I'd tIdflSIllt, Will
I In three days thereafter, to the Cover
nor Of the State. or Board of Count,
& Commissioners Gas the case may be- o
1.-THE proper county. a copy of any
x decree or judgment declaring an,
#officer deprived of any Office under
6 this act; and it shall be the duty o
1.-THE Governor or such Board of Count.
commissioners Gas the case may be
Ito appoint some person to fill sait
EofIice until successor shall be Sc
Elected or appointed and qualified; AM
Hit shall be the duty of the person s.
appointed to give such bond and Sc
Jcurity as are prescribed by law ant
pertaining to such Office.
Sec. g. In case Judgment of tn
district court. as herein provided, shal
he against the officer complained OF
and an appeal taken from the judf
ment so rendered. the officer so az
Srcaling shall not hold the Office durln