Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-10-01
OPPONENTS OF PAVING LOSE
OUT IN THE DISTRICT COURT

Another angle in the Carson paw
ing case was described in the Dis
trict court this morning when Judge
T. {. Hart, sitting in place of Judge
ing order recently issued at the be-
hest OF the opponents of the paving
proposition. Just what action the
ants will now take is not known, Dut
it is presumed they will carry the
matter to the Supreme court. Judge
! iIart's opinion, i'll full, is as follows
/ In the case of Alfred Chartz, ct al,
/ plaintiffs, versus Carson City, cor
poration, and A. Macdonald, ct al,
| defendants, | desire at this time to
! render an opinion in the matter. Real
| ling the importance of it | prepared
my decision promptly, although has
| tily. | have not been content with
have also made such further research
as time would permit me to. although
rot as thoroughly as | should like.
AS already indicated | find nothing
10 support the contention OF lack OF
good faith, or any reason to view
With suspicion the steps taken, and
in my decision l give full faith and
credit TO the official steps complained
cl. And / also find that there has
been a substantial compliance with
the different legal steps to be taken,
consequently no ones rights could
be said to be prejudiced by them.
The next question is, as to what is
FL emergency within the contempla-
ton OF the law, and VINO or what
BODY is 10 determine whether such
emergency exists. In this connectlon
it is very evident that what is an
emergency i'll one case might not )e
III another. That therefore there can
be no definite rule or measure to be
applied in determining such question:;
,hat consequently some board or
some body must be vested With
authority-and especially. that dis
cretionarv authority--to determine in
each particular case whether such
emergency does exist. In the Judg-
ment OF the court. the legislature,
whether wisely or not. has seen lit to
vest that discretion or authority tor
cites-a sort of semiJ judicial author
tv so far as cities are concerned
in a board OF trustees: in counties,
county commits ssioners, together with
the State Board of Revenue, and that
unless there should be an open tr
flagrant abuse OF that authority
court ought not interfere with Their
exercise of it, and should not go back
OF their judgment on an issue OF tact,
and place its judgment against body
whose special duty it is to investigate
and know the conditions, which
might, or might not, in the particular
instance, constitute an emergency III
their respective localities. and, there
fore, should be better able to pass
on the emergency or necessity clai1h-
ed. That when the Legislature enact
ed the law it created and conferred
that authority. That when the people
elected certain men as their comin1s-
sioners or board of trustees. as III
this case, they then conferred upon
the trustees an exercise Of that dis
cretion. And the officials are respon-
sb1e ITO the people for their good or
bad judgment, and il they make
mistake in the election of these OIL
ficials they have their remedy as IS
meted out in other cases where there
is an abuse OF authority
As to the contention that Section
1923 Of the Revised Laws. 1912. is in
consistent and being in violation 4
Article OF Section u, i'll that the
subject matter is claimed to be for
eign to the title of the act. | find che
Supreme court i'll the case OF the
First National Bank versus Nye coun-
ty has decided this question adversely
to plaintiffs contention, holding It
was not foreign to tine title OF the
act.
Upon the question as to the author
ity OF defendants to proceed in view
OF the act Of 1913, which is claimed
to have done away with the State
Board OF Revenue, have had col
siderable doubt. However, in this
connection, l observe that the act OF