Yerington times. [volume], November 09, 1918, Page FOUR, Image 4

About Yerington times. [volume] (Yerington, Nev.) 1907-1932

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SOCIAL AND P
Miss Miriam Riggs cainc o'er from
M .ison to c..st her vote on 1 ut 'day.
Comfort your feet this cold weather
with Martha Washington shoes at
Sandmann’s. Mlv.
Mr and Mrs. Joe Nugent returned
Monday night from a most enjoyable
visit with Mr. Nugent’s people near
Boston.
Paul Caiman, representative of the
San I'rancisco Chronicle lias been in
this part of the country in the interest
of his paper.
Mrs. Geo. F. West arrived' from
Salt Lake City Sunday night with her
sons. They escaped the flu although
it was very bad while they werc^thcre.
Mrs. Albert Schragle has joined Mr.
Schragle here. Site arrived Sunday
ev ening and was much surprised at
evening and was much surprised at
zephyr.
The Copper Belt Railroad Com
pany has it - section gang replacing
old ties with new ones. I he heavy
ore traffic over the road necessitated
the change.
The Bluestone mining works pre
scnts quite ;i citified appearance from
Yerington since it built the new cot
tapes f >r the benefit of the married
contingent of it- mining force.
Ren Fischer, an old Comstock min- j
er, but of late years a resident of the
Mason Valley section, where lie ful
some mining claims, was a depart- |
[il ure for San Francisco this week, and
probably will continue on to Alaska
I - to try his luck in that frozen country.
Walker River is pretty high for
this time of year, and it spetns a pity
that the farmers of the county do not
get together and form a plan to eon
, j serve the water for summer use. The
past season’s water shortage ought
to teach them a lesson. There is no
”, use claiming a prior water right when
the bed of the river is as dry as a
powder mill.
ERSONAL
Frank Stickney and Jot! Ciratnl
were down from ti e tiat on Friday.
Mr and Mrs. Giccorv have return
id .aid "ill make their hofne here.
•Mrs. John B. Gallagher and Miss
Klizaheth are visiting relatives in this
city.
Eric Shroeder came Mown from
Rockland to vote and spent the week
at tlie Brooks.
Joe D. Yeager came in early Wed
nesday morning with the Simpson
election returns.
Mayer’s Honorhilt shoes stand for
what they say, "honor built”, at Sand
mann’s Ad.
Frank Rosasclii is enlarging and re
modeling his house on Nevada St. It
will he very commodious and com
fortable wheh finished.
Special officer Kaufman is arresting
‘those found on the street without
masks, lie threw live offenders into
the city hotel in one day.
Mr. and Mrs. R. T. Berryman sold
their residence property Thursday to
D.J.'l hies and will move immediately
to Mendloeino Co.. California.
The horse donated by Wm. Larue
to the Central Mason Red Cross So
ciety was raffled off this week. Chas.
Gallagher won the animal with the
number 192.
Mr. Marriott, metallurgist for the
Kmpire-Xevada Copper Co. came in
Monday night and has been looking
over the property all week for his
firm. They are planning extensive
improvements.
Queen Quality ire lit for American
Queens at Sandmann’s. Ad.
At a meeting of the County Coun
cil of Defense on Friday afternoon,
it was decided to conduct the United
W ar Work Campaign througr the
Post Office ifcy means of a daily pre
sentation of the subject.
THANKSGIVING GREETING!
Having Purchased the
LAM, HANSON & NETHERTON
STOCK OF HARDWARE. DISHES, AND IMPLEMENTS. WE
FIND WE ARE OVER STOCKED ON LARGE PLATTERS.
SUITABLE FOR YOUR THANKSGIVING TURKEY
$1.50 PLATTER FOR.$1.00
$1.75 PLATTER FOR.$1.10
$2.00 PLATTER FOR . $1.50
$2.25 PLATTER FOR.$1.70
See Our Windows for Prices on Smaller Sizes
Odd Plates and Saucers at Cost
Prices on Smaller Sizes, Odd Plates and Saucers at Cost.
This Six Gup $2.00 Aluminum Coffee Percolator for $1.50
WHILE THEY LAST
f «.. .iii—n i-i-i ... i—
Two Quart Heavy Seamless
ALUMINUM TEA KETTLE
$2.CC Value For $1*50
We also Carry A FULL LINE OF ALUMINUM WARE at
REASONABLE PRICES.
A Full Line of Kitchen Ware in Stock.
WATCH, OUR WINDOWS !
V;?£3t Hardware Co
YERINGTON, NEVADA
I
COMMISSIONERS MEET
November 6. 1918.
Minutes of October 5th read and ap
proved. Pills allowed.
IJ'll of J. \V. Pierce for $34.80 re
duced $6.6:' and allowed for sum of
$28.60.
Petition for school at Blue.-tonc
granted and boundaries tixed, with
proviso and understanding that the
new district shall not in any way in
terfere with the present boundaries
of District Number 18, as to the col
lection ot taxes for bond interest and
redemption purposes.
Communication from the State
Engineer in regard to withdrawing
claim of \V. W. Coleman, received
and filed.
Reports filed from Recorder, Clerk,
Jailor and Justice Dyer.
Communication from Mrs. G. E.
Leavitt in regard to indigents receiv
ed and filed.
Quarantine for hog cholera placed
on the-following premises by State
Quarantine Officer: Chas. Perry, Car
lo Scatena, Henry Keema, George
Plummer, Frank Robinson, C. G.
Altman, Dan. McLeod and Joseph
Thomas.
The following were released': Geo.
Batchelder. VVm. Larue and Son. Roy
McGowan and Frank Mathews.
Communication irom C. C. Cottrell
State Highway Engineer in regard
to road con.-truction for 1919 receiv
ed and filed.
Ordered that the County accept al
ter to keep Burroughs Adding Mach
ines in Court House in condition
for $15,60 per year each.
Communication from A. J. MeXah
of Thompson in regard to road be
tween Thompson and Wbauska, til
ed and the matter referred to com
missioner Bertrand.
November 7.
Opinion received' from Geo. B.
Thatcher. Attorney General, in re
gard to payment of attorneys’ fees
in case of the Copper Belt tax suit.
(This was a case in which the Dis
trict Attorney of Lyon County did
not think the fee could be allowed
according to law. It was submit
ted to the Attorney General with the
result indicated.)
It was ordered that the bill of j. E.
Campbell f'-r Attorney's fees in State
vs. N.C.B.R.R. (Copper Belt) be al
lowed in accordance with the opinion
of the Attorney General.
In accordance with Sec. 38. Chap.
239. 1917 Statutes of Nevada, the o
pen season on Valley Quail is here
by declared to be from November
26, 1918 to an! including Nov. 30,
1918. and the limit is hereby fixed at
111 birds per day. This section is.
however, subject to the approval of
the State Game Warden, before the
same shall be in force, and the Clerk
of the Board is instructed to corre
pond with the State Game Warden in
regard to the same.
Ballots Canvassed.
COm HEALTH BOARD
ORDERS IB WORN
As County Board of Mealth.
It is ordered that the temporary
order-, of the County Health officers
doling the saloons in the county he
\acated.
It is ordered further that the
schools, 'chiirches and theatres be
continued closed until such time a
the County Health Officer.- shall
deem it advisable to reopen the same.
It is also ordered that all persons
within Lyon County he required to
wear a gauze mask continually and at
all times while on the streets, at pub
lic gatherings and in places where
two or more persons are together:
said masks shall consist of gauze, 4
ply, covering the nose and mouth and
-hall not be less than 4 inches wide
an j 6 inches in length.
Any person violating this quar
antine regulation shall be deemed
guilty of a misdemeanor and punish
ed by a fine of not less than $5.bfl
and not more than $R/0.U) or not
less than 10 day- in the County Jail
nor more than 61 days.
This quarantine “ regulation shall
be in force and effect from and after
the date hereof and until such time as
the County Health Officials shall
deem it advisable to discontinue the
same.
It further ordered that the ehairs
nd tables in all saloons in the said
county he removed until the further
order* of the County Health Officers
and the proprietors he requested to
not permit crowds to congregate in
said places and that the Sheriffff of
the county he instructed to notify
.11 of said places within said county
of said action.
The action of the City and County
authorities in renting the Reno Lodg
ing house in YeringtAn as a city and
county hospital for influenza patient
it an agreed price of $10.00 per da;,
exclusive of lights a nd fumigation ex
penses. and chambermaid', be approv
ed. the expense- to be borne equally
by the city and county : and that the
same he continued until further or
ders by the County Health Officers
or the Hoard. Upon the understand
ing that the patients shall stand the
expenses of their room rent and the
city and county pay the difference.
"A statement of the case is: State
of Nevada v>. Nevada Copper Belt
Railroad Company.
“'1 he complaint in this action was
for delinquent taxes, and was tiled
and summons issued during the en
cumhency of N. \\ . Willis in the dis
trict attorney's ofiicc in the latter
part of the year 1914. During the
years 1915 and 1916, the matter was
brought to judgment in the District
Court, while Mr. J. E. Campbell was
district atorney, and under the de
cision of the District Court the
plaintiff seemed judgment for the
amount of nine thousand three hun
dred twenty-one dollars—$9,321.26—
twenty-six cents, the tax sued for, ten
per cent -and twenty-live per cent
thereon for costs, and an attorney's
fee of five dollars and five per cent
upon the amount of the said tax and
penalty.
“Thereafter, the matter was ap
pealed to the Supreme Court of Ne
vada. and upon stipulation bj*the dis
trict attorney anti the Attorney-Gen
eral with defendant's attorney, Henry
I. Moore, a modification of judgment
ment was entered for the amounts as
above, exclusive of the twenty-live
per cent penalty, and in addition
seven per cent interest on the tax, de
Imrjuency. costs and attorney s tee.
The attorney’s -fee in the matter
amounted to six hundred thirty-four
dollars—$634.18.. eighteen cents This
latter modification of judgment was
entered during the incumbency of
Mr. Clark J. Guild in the district at
torney's office, during the year 1917.
'■ 11 will be seen that each of the
district attorneys rendered some ser
vice in the matter.
“After the case was settled, and the
amount of judgment paid, in Febru
ary, 1018, the netire amount, sonsist
ing of twelve thousand six hundred
seventy-two dollars—$12,672 36—thir
ty-six cents, vas paid to the district
attorney's office of Lyon county. Said
amount included the six hundred thir
ty-four dollar-—$634.18—e i g h t c c n
cents, attorney's fee, as above out
lined. and the total of the same was
turned over to the treasurer of Lyon
countv and by him apportioned to the
various funds entitled to receive the
same. The attorney's fee above men
tioned was apportioned as o sts to
the general fund."
The determination of the (jut tion
presente 1 depends upon the construc
tion. in my opinion, of first. Section'
8 of Chapter XCIX, Satutes of Ne
j vada, 19t:7. which provides:
“On and after the first day of
| March, nineteen hundred and seven
teen, the following county offices in
I Lyon county -hall be and are hereby
consolidated. The district attorney
-h 11 be ex officio county superin
tendent of public schools, and shall
from said first day of March, nineteen
I hundred and seven, receive an annual
salary of fifteen hundred dollars,
which shall be in full compensation
for all services performed by him as
district attorney and ex officio super
intendent of pul! lie schools of Lyon
county."
Also upon the construction of Sec
th n 1662, Revised Statutes of Nevada.
1912. and Section 2677, Revised Stat
utes, 1912.
S ou will observe that Section, 8 o.
• >f Chapter XCI X. Statutes of Nevada.
191 7, provides that the salary of fif
teen hundred dollars to the district
attorney shall he in full compensation
for all services performed by him as
district attorney and ex officio super
intendent of public schools of Lyon
county. The provisions of this sec
tion. and especially the words "in full
compensation for all services, etc.,'1
act- as a suspension of the provision
of Section 1603 of the Revis' d Laws,
the general law - governing fees of dis
trict attorneys and were there no
other statute in existence, the district
attorney could not recover anything
the legislature, by the terms of See
tion 3677. Revised Statutes of Nevada,
specifically provides that the di-trict
attorney shall he entitled to a fee of
five dollars and the percentage of five
per cent of the amount delinquent on
each suit for the collection of delin
quent taxes. I m of the opinion
that this section has not been sus
pended or repealed by the provisions
of Section'8 of the Statutes of 1907,
Chapter XC1X, to which I have re
fern t, and that the district attorney
i- entitled to the fee and percentage
allowed by said Section 3677 in the
; ease of the State of Nevada vs. Ne
vada Copper Belt Railroad Company:
It appears, also, from the statement
of facts, that the work was performed
by Mr. Willi- in the commencement
of the action, then district attorney:
Mr Campbell, Ifftcr district attorney,
; tried the case and pressed it to a final
vonchi-ion in the District Cot:*, and
Mr. Clark Guild, now district attor
ney, finished up the matter in the Sn
pretae Court of Nevada. J would
suv.-rest that the fee should be np
I proximately two-sevenths to Mr.-Wil
jiis: four-seventh- to Mr, Campbell
and one-seventh to Mr. Clark J
I Guild.
Respectfully tours,
GEORG!' Ik THATCHER.
Attorney-General.
i
GREENFIELD LODGE, NO. 30,
K. OF P.
Meets at t!ie Castle Hall
tlie second and fourth
Thursday nights of each
month at 7:30.
All sojourning Knights
J. F. McKAY, C. C.
C-EO. T. NUGENT. K. or R. & S.
are cordially invited.
gold commission named
Secretary of the treasury has cre
ated what will he known as the In
ternationeal Gold Commission and
Ray Baker, Governor Boyle. Albert
Straus of the I'ederal Bank Reserve.
Dr. Gay of the War Trade Board, and
Rope Yateman -'f the War Industries
Board, have been named as the five
commissioners. The board will be
one of great importance and internat
ional scope, and in the days following
the war will have much to do with
the rearrangement of not only the
monetary systems of the United
States, but of the whole world as
well.
The naming of both Mr. Baker and
Governor Boyle to such an important
commis>ion is a distinct honor to Ne
vada and one that Nevadans should
appreciate.
MODEL MEAT MARKET
has a full line of fresh beef,
mutton, pork and veal al
ways on hand.
FISH ON FRIDAY.
Our effort will be to please
all.
Heitman & Thies
Louis Ravo, who came here a few
days ago to -visit) hi- brother William
at the McConnell mine contracted the
influenza, which was followed by
pneumonia, and he died at the Mason
Hospital on November 6. He was a
native of Italy and thirty-six years
old.
The funeral was held Thursday af
ternoon, Nov. 7, Rev. Joseph Cunha
officiating.
PHONE 1123-J Phone at my expense OPEN NIGHTS
Dr. Smitten’s Dental Parlors
LARGEST AND BEST EQUIPPED DENTAL
ESTABLISHMENT IN NEVADA
16 East Second St. — Rooms 7-14 — Journal Building, RENO, NEV.
t&e mcdf fcau fi.j n!
0 0
I'm Is
Now On Display
inc o.
and. AssVafetS *vci ^lunOn in
tluA cJfij,
Ladies Sweater Coats
latent * filled and ma fctia IA
Priced from $3,50 to $16
Children’s Sweater Coats
$2.50 to $5
Men’s Fall & Winter Hats
$2.50 to $10
Fabri & Co.
The Busy Store
YERINGTON ICE AND SODA WATER FACTORY
C. M. CODDINGTON, Prop
Bridge St, Yerington
ICE AND CARBONATED DRINKS
Phone 251
A special „fireproof safe-deposit vault
off the customers room of the Mason
Valley Bank, contains commodious
safe deposit boxes, available for your
vse at a rental charge of three dollars
a year and up. We shall be pleased
to show you these new boxes.
M.'tSO.Y YtILLEY If.t.VK
Yerington, Nevada
The Times Brings You the News. $3.