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

THE right to inspect the records
in question also implicitly awards to
the person entitled to it sufficient
time, under the circumstances. in
which to make inspection for the puc-
pose contemplated. We are constrain-
ed, therefore, to conclude that the
relator in this case, under the facts,
is entitled to the inspection which he
demands, and also entitled to D'ake
such copies and abstracts of the .ec-
ords as may avail him in carrying out
the purpose of his examination"
Under the Code of Georgia. Section
IA, declaring that all books kept by |
any public officer shall be subject to
| the inspection of all citizens. within
| Office hours, and the fee BILL Section
3695. providing, For each inspection, !
when the clerks aid is required.
! twenty-five cents; for examination of
books and abstract of result. one dol
! lar the right to make an abstract
of the books for publication was de-
MED. The court said in Buck v. Col
Inns, 81 Ga. 1893:
"Under these laws. the complain
ant insists that he has right to go
into the clerks Office. during Office
hours. from day to day and from
month to month"; at his pleasure, Copy
; from he books, when they are not IN
USE at his option, and thus collect ma
teria 81 a book which he proposes
, TO publish for SALE AS he is able, by
: employing an expert to do this inspec-
2 ton and compilation himself, without
5 the assistance of the clerk, he insists
that no fee is required and as the
t clerk refuses to permit him to go on
with his enterprise, except upon the
: payment of fee for each separate in
t vestigation of a title, he prays that the
= clerk may be enjoined. We agree
2 with Judge Hopkins We think the
complainant has no such right as he
o insists uDon. The necessities of So
d ciety and the protection of those deal
0 ing with property, require that these
r records shall exist That the title to
D land, the fact that mortgages or judg-
n ments exist, shall be capable of be
r ing incurred into by those interested
d The character of ones title, and
It whether one has mortgages or judg
= ments against him. is thus of neces
e sity open to inquiry. and the public
y by providing books and records, meets
l. this necessity The object of the rec
II ord is to furnish to those needing II
o the information the record contains
is That object is attained when its books
are open to inquiries as these occas
= ions present themselves.
e ''All laws are to be reasonably con
b. strued in view of the object of them
e and in view of other laws. 1t is con
n templated that lawyers, public officers
,e and persons familiar with the books
t. by having frequent occasion to use
ho oil vl-' ic
b. lance for the purpose. The clerk can
,e not charge fee for the mere inspec
n ton, where his aid is not required
n but no person has right to examine
j. or inspect the records Of his office
" except in his, the clerks, presence ane
n under his observation
1t In Clay v. Ballard 81 Va 7S7, tn,
1T contention was regarding the righ
Of of a citizen to take copies of the reg
lie istration books under a statute pro
ST, iding for public inspection 1t wa:
OF held that although the registrar wa
e. allowed no compensation for time los
in so doing. yet he would be compelle,
a. by mandamus to allow any citizen t
Il inspect and take copies of thes
a. books and that every citizen had a.
ne interest in them. The court said
OF These books, undoubtedly, are of
De public nature, and therefor, upon ger
r. eral principles, independently of an
n statute on the subject, any persO
IN having an interest in them woul
IL have right to insepct them. Blu
I'd the legislature out of abundant cal
IS, ton, and with an unmistakable objec
OF in view, has seen 1t to enact eXpressl
az that they shall at all times be ope
re to public Inspection Code Sec. g.
ds The case turns upon the NcOnstructiO
he of this statute.
Sc At common law, the right to inspet
public documents is we'll defined an
lrt understood. The authorities on tn
mt subject are very numerous, and the
10, uniformly hold that such a right il
,u- cludes the right, when necessary t
ey the attainment of justice, to tax
nj copies.
es' "Greenleaf, than whom there is n
~ more accurate text-writer in moder
We times, lays down that the inspectio
e. and exemplification of the records
y: the kings court is. and from a yer
W early period has been. the commo
~ right of the subject. And rs to othe
~ public documents, the custodian
" them. he says, will, upon proper a
" plication, be compelled by mandamr
=. to allow the applicant to inspect Their
:,i and, if desired. to take copies.
~. Greenl. Ev. secs. All. AIS
~ ''Tidd, in his parctice. gives it as
nc general rule, well settled, that part
M has right to inspect and take copi.
- Of all such books and records as al
Us of public nature wherein he has a
e. interest. ! Tidds Pr 593.''
,Cr IY,dor s+,+r+ ro,;a; A., &c.
led bc~l-c ,rd ro,e,.- ro,,,:ros 80 -
"a the office Of county officers shall
Nv open for the examination of any ne
ei son. cit was held in Cormack v. We
oeT colt, 81 Kan. 391. Is p 245, and
n ~ Doylan V Warren, 80 Kan 304. TIL
o0 the register of deeds would not
=: compelled to permit any person
lo.- take copies of the entire records f