Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1915-09-21

,.sn,ta boundaries for the Town of
Tononah The descriptions OF these
- lots of boundaries differ con
iaorohly but practically they are all
~ came for within them all, as
- onglv indicated by the evidence,
az III or very nearly all Of the PEG
~ ~ Tonopah But this question is
fnnortant as the voting popula-
IN is determined largely by the
registry which no doubt in 1904 was
nad well within the limits OF all three
,nts If boundaries The election OF
,aos ~ virtue of the enabling act
,o0g referred back to the registry
- io0I thereby adopting IL and two
Az later the County Commissioners
aito referred back to IL as a factor In
determining the voting population
~ the Town of Tonopah.
conclude from this discussion that
IN all likelihood the Board OF county
commissioners committed no error OF
Judgment in basing their adoption OF
Inc Town Government Act Tor the
Toyn OF Tonopah upon It's containing
voting population OF six hundred or
more on July 5, 1919.
put what Is the attitude OF the law
a. hearing upon their acts IN TINS re-
,,nact at This date. ten years later
rs first presumption, covering the
ybole neriod of ten years. Is, though
the Board OF County Commissioners
Is governmental body OF limited lur.
lsdietion. without power 10 go beyond
the proylslons OF the statutes con
trolling lis acts. that when no DINER
nroyisIon Is made Tor the exercise oil
Judgment but that OF It's members,
and In the absence of fraud. It's con
illusions have inality that courts
will be loath TO question. 80 Pae.,
$50
The important presumption OF law
here applicable is, however, that aiter
long period during which powers OF
a municipal corporation has existed
and exercised powers, inquiry into It's
original organization is not favored
that il was legally constituted, The
presumption OF both law and fact Is
that II came into existence regularly
and this presumption arises naturally
out Of the failure of any one 10 ques-
ton it's legal existence promptly or
during the long period that has
elapsed. Thus, in this instance. no
one disputed the right of the Commits
sioners to do what they did at or
soon after the ordinance In question
was passed. though no doubt there
were business men as unwilling 10
pay licenses then as there are now,
and no one seems TO have doubted
the existence of voting population
Of six hundred or more within the
Town Of Tonopah; at any rate, none
Of the unwilling ones. II there were
any, as no doubt there were, raised
the question.
II may be questioned whether the
Town OF Tonopah is a municipal cor
poraion, but II not IL resembles sueh
an organization sufficiently so that
the same principles as In the cases
quoted from are applicable. Presump.
tions Of this kind are REPUTABLE and
will not stand against direct and posi-
tive evidence opposed to them, but
unless so rebutted they serve as sub
stitutes for evidence that has been
lost or after long lapse OF years IS
difficult to obtain.
The contention was earnestly made
that the regularity OF the proceedings
OF the County Commissioners III
adopting Town Government Tor To-
nopah must be shown by the record
II Is difficult to understand what rec
ord there could be more than they
~. mn
Tor census or anything else except
apparently an exercise OF judgment
by the Commissioners based ON EVIL
dence which they might have avail
able, which evidence is now lost, such
as the registers used at the election
OF 1904 and that of July, 1905, or u
difficult to obtain It seems that un
aer the act no great formality Is re
auired. and we find in the record Of
the proceedings more than was really
demanded by the act.
! have no hesitation in reaching the
conclusion that the Town of Tonopaf
had voting population OF six nun
dred or more on July 5, 1905, wher
the County Commissioners applied Y
u the Town Government Act Of 1881
as amended in 1887. 1889 and 1903
and so find. the finding being sup
ported to whatever extent necessar!
by the Prescriptions above referred
to.
AS a conclusion drawn from thi
conclusion, find that the Board o
county Commissioners. acting as
town board for Tonopah were withii
their rights In passing ordinances, In
Guiding the ordinance under discus
sioIi' except as hereinafter explained
The next question is that of sun
cheney of publication. The law readi
no ordinance passed by said boar
snail he in force or effect until pul
hshed for one week" The ordinanc
under discussion was published ono
N the Tonopah Bonanza, which wa
men weekly paper. There was n
saliy paper In the COunty--nOne