Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-02-11

tons of water, Stat, 1908, p. %.
Section 1913 provides that certain
records and papers pertaining to elec-
tions. shall be subject to the inspec-
ton of any elector"
Section 24S3 requires officers to keep
fee books "open to the inspection CT
any one desiring to inspect the same"
Under section 1z12 the books Of rev.
enue officers are ''open to any person
whOmsoever to inspect or copy, with
out any fee or charge.
There are provisions relating to
other officers, fer illustration, Sec. 2110
directing that the books, records and
accounts Of the Boards of County
Commissioners "shall be kept by the
Clerk, during business hours. open to
public inspection free OF charge"
Section 3O3 proving that the plats,
papers and documents in the office
of the State Land Register 'shall be
open to public inspection during Office
hours without fee therefor" and that
county assessors shall keep copies of
township plats subject to the inspec-
ton ftne pubnc free Of charge"
Section 2148 providing for publicity
by publication of the allowance Of bills
against the county; Section 23c8 re-
Quiring county treasurers. "at all times
to keep their books and Office subject
to the inspection and examination Ut
the Boards of County Commissioners:
Section AIT entities grand juries Ito
| the examination without charge Of all
/ public records" Section 1903 requires
| that the docket of judgments in the
district courts shall be open at all
times during Office hours for the in
| spection Of the public without charge"
and that the clerk shall arrange the
| docket in such Z manner as to facilitate
| insr -ction.
We have 70 statute similar to Sec
tion 131 Of the County Government
Act in California. which provides that
''all books of record, maps. charts.
surveys and other papers on file in the
recorders Office must, during busi-
| ness hours, be open for inspection by
any person, without charge; and that
the recorder must arrange the books
of record and indices in his office in
such suitable places as to facilitate
their inspection" Nor have we any
general act. such as prevails in a num-
PER Of St,F,et directing that a'I
records in the Offices of County and
, COWuSuAQ OluCcIS SHAH NC OpN0 ACl AZ
/, spection by the public.
, The provisions regarding county re
corders, Sections 2340 and 2344. in
elusive, are silent concerning such ex
: animation.
: Section 2459 and 2471 designate tht
fees for abstracts of title for eaci
document embraced thereby" and "fol
searching records and files for eac!
ri 1u roin0d Nhn
. contain no words either authorizing o
+ prohibiting the making of abstracts o
searches by others than the recorder
or specifying whether he shall be en-
= titled to compensation if the worl
- is not performed by himself or hi
= deputies.
The decisions on similar question
O in other jurisdictions rest largely upo
. statutes not in uniformity with our
]. or with each other and there Is
lack of harmony among the opinion
:. not only in different states, but of tn
court and judges in the same stat,
We will consider some of these case
u more particularly owing to the e:
= pecial reliance placed by relator upo
~ Burton Y. Tuite and Lum v. McCart.
~. mira.
V In Weober Townley. 43 Mich
a 534, decided in 1880. all the justice
NJ Including those Of such high and wild
ly recognized regulations as Coole
and Campbell, hold that there is q
AZ common law-right to make copies {
le abstracts of public records for spec
lative purposes. as for the compil
~ tion of a set of abstract books for SCI
AZ ing abstracts of title and that no sue
right was given by an Act prOvidin
- that the registers of deeds shall tu
nish proper and reasonable facilitit
~ ~ for the inspection and examinatiC
of the records and files in their r
40 spective offices, and for making mer
Orandums or transcripts therefrOn
during the usual business hours
o all persons having occasion to NAL
- examination of them for any lawf
-. purpose: PROVIDED: That the GU
todian Of said records and files m;
make reasonable rules and regulation
=, with reference to the inspection al
examination of them as shall he ne
~ essary for the protection of said re
- Ords and files. and to prevent the
reference with the regular dischar
for of the duties Of said register: AN
PROVIDED FURThL4t, That sa
-. register of deeds may prohibit Il
use of pen and ink in making copi
49,, or notes of records and files" Pub
ns Acts, Mich. 1875, No. 54, p. 81.
Speaking for the court. Marston
20. j. said: "W'e are of opinion that u
-. der the common law relators have n
20 the right claimed. The right to
- inspection and copy or abstract of
"a public record is not given indiscrir
I, nately to each and all who may fr(
he 600 I,,+ - - 1;,.;+as .La -.
- have some interest therein. WI
.o. this interest may be we are not call
-, -, upon in the present case to determil
- The question has usually arisen whe
~. ~. the right claimed was to inspect
on c oDtain a copy of some particular do
!" "a ment, or those relating to a Civ
>" transaction or title. We have n
"m' WI "ro- -eferred to any authority viii