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

sons, and be entitled to transcripts
from the same, on paying the fees al
lowed by law Nj. Dig. 49, and the
first section of the Act to register
which, after like provis-
ion for registering mortgages of lands
in proper books, adds, to which books
every person shall have access at all
proper seasons, and may search the
same, paying the fees allowed by law.
(Nix. Dig. 6lO) 1t is also suggested
that the absence of any provision for
access by the public to the records
Of judgments of the Circuit Courts.
favOrs the charge, so far as the records
Of those judgments are concerned. No
authority for taking fees for searches
not made by himself or his associates.
is to be derived by the Clerk from
either of the above-Quoted provisions.
The first, while it provides for COM
pensation for transcripts, contains no
qualification Of the right of the pubnc
thereby declared, to access to the rec
ords, and it authorizes no charge what
ever in connection with the exercise
of that right. Though the language Of
the other may seem to qualify the
right to search with the necessity OF
paying fees, yet the obvious construc-
ton of the provision is that the fees
for search are to be paid only when
the search is made by the clerk or his
assistants. The right Of the public to
free access to the records carries with
it the right to search without charge
for the privilege. Nor can claim on
the part of the clerk to fees for Q
search not made by himself or his as
sistants. in the records of the judg-
ment of the circuit court In his Office.
be justified by the fact that no spec
ial provision is made for access by the
public to those records. They are no
less free to the public. by reason of
the absence Of provision declaring
the right. They are in fact. public
records and are public property. kept
in a public place. at the public ex-
pense. for the public benefit. For the
convenience OF the public in examfn-
ing them, the law provides for thu
raking Of proper indexes Of their con-
tents. Nix. Dig. Practice Act Par.
, II. The law expressly provides for
free access, by the public to the rec
I ords of attachment, notices of lis pen
, dens. Circuit Court judgments dock
eted in the Supreme Court. and judg-
ments of justices courts docketed in
the OOuTtS common Fl0AS. NIX.
Dig. 80. 112, 442. 474.
"The clern is the lawful custodian of
the records. and in0exes thereto. and
is responsible for the safe-keeping
thereof. His powers over them are
such as are necessary for their pro-
lection and preservation. To that
end. he may make and enforce proper
regulations consistent with the public
iokA Rrp Hh4 of ns,t fAAsr
are public property. for public use, and
he has no lawful authority to exclude
any of the public from access to, and
inspection and examination thereof.
at proper seasons and on proper appli.
cation. The clauses which declare
the public right in this behalf, employ
language: All persons desiring to
examine the same Every person shall
have access 1t follows that the clerk
has no right to demand any fee for the
privilege Of access to the records ami
of not made by himself or by his as;
sistants''
. In Terry v. Williams. Al N. J. S32,
it was held that every person is en-.
titled to the inspection Of documents
vi q puOAN AoNuIC, iUCu ne mas Tue
requisite interest. The court enfOrc
! ed by mandamus in favor of citizen
1 the right of inspection Of letters OF
: recommendation filed as a basis fo,
? the issue of licenses In principle the
case is in some respects like the one
before us because the New Jersey
Statutes did not provide for the ex
d animation Of these letters but did TO!
: tho jnSnonfinn 0f I,
as We have seen. The following ex
tracts from the opinion are also in
e structive regarding the controlling
; and disputed point in the Common
: Law
t "The documents in question are O
: a public nature. and the rule is tha
t every person is entitled to the inspec
ton of such instruments, provided h,
4 shows the requisite interest therein
r And as Lord Denman remarks. in Rex
q V. Justices of Staffordshire, c. A. {
e E. "a. the court is by no means dis
l. posed to narrow its authority to en-
S force by mandamus the production %
every document of a public nature II
e which any citizen can prove himsel
Z to be interested. For such persons
n indeed, every officer appointed bv lav
|
r for that purpose a trustee
e ''The relatOr asserts no interest I,
. be subserved by an inspection Of thes
o letters, except that common interes
u which every citizen has in the en-
}: forcement of the laws and ordinance
= Of the community wherein he dwell
III "In England, the occasions whic
e"neralv have REQUIRED the evarcise ,
u the power of the court to enforce il
~ spection OF public documents. hav
~ been those where a party has sougl
IT, evidence for the prosecution or 4
IS fence of his rights in pending litig
he tion. In such cases. when the Gust
n dian Of the documents was a party
n, the cause, the court usually intervene
e. by rule. otherwise by mandamus. B,
eE the exister ce of a suit was not a sir
ds qua non for the exertion of a powe
r. III nA n~