William P. Seeds, for Relator.
E. F. Lunsford, District Attorney, and Geo B. Thatcher, Attorney-General, for Respondent.
By the Court, McCarran, J.:
This is an original proceeding in mandamus, instituted by relator to compel respondent to levy a tax against the taxable property in Washoe County, in compliance with an act of the legislature of 1915, entitled An act to authorize county commissioners in counties not having high schools, to aid district high schools under certain conditions, and other matters properly connected therewith, approved March 9, 1915 (Stats. 1915, c. 78), which act is in part as follows:
Section 1. In any county in which no county high school is located, the county commissioners shall levy a county tax for high school purposes of not less than ten (10) cents on the hundred ($100) dollars of assessed valuation of the county for the benefit of any district high school or schools that comply with the following conditions:
1. That the said high school or schools shall have standard courses in commercial work or manual arts or domestic arts, or standard courses in agriculture;
2. That the board of school trustees of the district or districts having high schools as described in paragraph 1 of these conditions shall each have levied a special district tax of not less than fifteen(15) cents on the hundred ($100) dollars of the assessed valuation.
3. That the board of school trustees of each district interested shall have passed a resolution opening their high school to all properly qualified students of the county.
Pursuant to the foregoing act, Reno School District No. 10, through its board of school trustees, passed a resolution as follows:
Whereas, Reno School District No. 10, in the County of Washoe, Nevada, has for a number of years last past offered to all students of said county of Washoe, full and equal privileges with the students of said school district to its high school; and whereas, the legislature recently passed An act to authorize county commissioners in counties not having high schools, to aid district high schools under certain conditions, and other matters properly connected therewith,' approved March 9, 1915; and whereas, it is the desire of said Reno School District No. 10 to avail itself of all the privileges and benefits of said act; and whereas, said Reno High School for several years last past, and is now, and intends to in the future, maintain standard courses in commercial work and in the manual and domestic arts: Now, therefore, be it resolved by the board of trustees of Reno School District No. 10, that the high school in said school district shall be and the same is hereby open to all properly qualified students of said county, and that the said board of trustees do and perform any and all acts necessary to fully comply with and carry into effect this resolution.
Dated March 22nd, 1915.
Thereafter, and on the same date, to wit, March 22, 1915, the relator presented to respondent, the board of county commissioners of Washoe County, an instrument in the nature of a request, as follows:
To the County Commissioners of Washoe County: Whereas, in Washoe County, ...