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VOLUME 59 CARSON CITY, NEVADA,-.TUESDAY, MARCH 7, 1922. NUMBER 51 HIGH KEEFS CARSON Arrangements were completed today by Professor McKcown of the local high school to close the basket ball season ' in this city next Saturday, March 11, with a game between the fast Sacramento, Cal., high school team and' the Carson quintet at the Mewart Indian school court. Special trains will be. run between Carson and Stewart leaving Carson at 7:30 p.m. with a low fare of twenty-five cents for SACMNTO SATURDAY tet play the Reno high school on Fri-Jon uiv iuuiiu irij. inc aacramenio quin uay nigm, .uarcn iu, ana win arrive in I 113 'cuer continues: Carson on the morning of the eleventh, At the outset we might say that an spending the day as the guests of the impression seems' to be abroad that the local boys. j franchise under which the Truckee The Ca rson boys were seriously han- River General Electric Company is dicapped in the state tournament last nw operating expires this year. Wc week on account of la grippe, but evenjfind in this statement in you editorial with this handicap they won their first an statements of a similar character game with Gardnervillc by 36 to 9 and, have been made by members of your defeated Lovelock 18 to 13 in their second day's play. McKenzie, who was going great in the tournament, sprained his ankle in the latter part of this game and with his loss and Chris tensen and Lammon being layed up with sickness, they were unable to de feat Sparks in the semi-finals, losing out by a score of 28 to 16 in a well played and fast game. All of the boys are rounding into fine shape and are expected to be at their best for Saturday's game with Sacramento, and Coach Jones says he will show the people of Carson that sickness and too many games in the closing week before the state tourna ment were the factors that kept Car son from winning .the state champion ship. t The Carson girls will play the Stew art girls a preliminary game at 8 p.m. and a big free dance to everybody at tending will be provided. Admission to all games and dance will be 50 cents for adults and 25 cents for chil dren. NEGRO MINISTER HELD ON CHARGE OF MURDER George Blocker, self-etyled colored minister, charged with the murder of his wife on February 18, was given a preliminary hearing before Justice of the Peace Cuddy of Tonopah, and at the conclusion of the same, was held to the district court without bonds, the Bonanza reports. Prosecution only introduced two wit nesses in the persons of Mrs. Mattie Shelby, who was assaulted at the same time that Blocker inflicted' wounds on bis wife that resulted in her death a short time later. She told of Blocker forcing his way into the house near the West End dump, by breaking out a window in the kitchen, and of the assault that followed. Dr. Carmichacl testified of the wounds that deceased received, and his evidence was used in rroving the corpus delecti. ; Attorney Joseph T. Murphy, repre senting the defendant, offered no testi mony, preferring to withhold his line of defense until the case is called for trial in the district court. It is ex pected that Blocker will be given an early trial. Taxi Service Phone 467 Open Day and Night. Taxi Service at All Hoar. Agents tor Goodrich Tires. Expert Repairing, All Work Guaran teed. Used Cars Bought, Sold and Exchanged. GASOLINE, OILS AND AUTO SUPPLIES TAXI GARAGE One Block South of Capitol WM. MULDOON and LESLIE HESSE Proprietors FRANCHISE APPLICATION FILED BY TRUCItEE RIVER COM Wi'.h the filing. today with-the city trustees of the application of the Truckee River General Electric Com pany for a franchise to supply this city with electric energy, Manager George Campbell outlined in a letter to the Appeal the company's arguments for the granting of the franchise. "I am very pleased to take advan tage of your invitation," Mr. Campbell wrote regarding the Appeal's editorial inviting discussion of the question, "to express the views of the company which 1 1, represent to the end that the public m a v Hi f n rn eli tA a a m iirh I n ( rt-m - this question -as possible. city board of trustees. This is an er roneous impression, as on the 12th day day November, 1902, a perpetual fran chise was granted to our company un der Ordinance No. 110 and which ap pears on page 102 of the Compiled Or dinances of Carson City, Nevada. There was no limitation as to the ten ure of our franchise and under the well settled rules of law, in the absence of such limitation, the franchise is deemed to be perpetual. "The true situation is this: That the question has recently arisen whether or not this ordinance granting a per petual franchise had any validity by reason of the fact that the board of trustees of Carson Citv at the- time of granting; ft' had" not' the power to .give franchises. Lpon examinaion of the charter, as it read at the time the fran chise was granted, it is an exceedingly doubtful question whether or not the legislature had reposed the power with the city trustees to grant such a fran chise. This power to grant franchises was specifically given, however, to the board of trustees in 1907, and which it now possesses. "The franchise, therefore, granted us in 1902 being somewhat doubtful as to its validity, the company is now about to make application for a fran chise alflng identically the same lines J as tne tranctnse granted in 1902, with the exception that instead of Hieing per petual, it shall be limited in duration for a period of fifty years and that in stead of paying two per cent of the net profits, that an additional clause be added, providing that in no event shall the company pay to the City of Car lson a sum less than four hundred dol lars per annum. "The reasons which we urge why the franchise should be granted are as fol lows : "1. Without assurance of a definite time that a public utility may have the right of service to the inhabitants of a particular locality, its position is ex ceedingly precarious as it is practically precluded from obtaining additional or any capital to carry on the work of im provements or extensions. The value of its equipment and of its assets gen erally, is largely measured by the right or franchises it possesses to serve a par ticular community. When that right is denied, it no longer has reasons for existence, and its investment or in vested capital becomes greatly, depre ciated in value, and in many instances, a complete loss. "2. The city desires service and the power company is desirous of furnish ing it to their mutual benefit and con venience. The company, of course, is desirous of selling it; electric energy and the City of Carson, no doubt, is desirous of purchasing the same. That the rate will be fair to both parties is assured by the public service commis sion act. From the history of this commission, the city, at least, has not the slightest reason for, being appre hensive as to the possibility of un reasonable or exhorbitant charges being permitted as against the city. - MRS. C0HN RECOVERS Following her recovery from a seige with la grippe, Mrs. B. Cohn resumed her duties as chief clerk in the office of Gov. Boyle todar. . . ' "3. We do not feel that the City of Carson can reasonably expect a pub lic utility to commit itself to the ser vice of electric energy to its inhabitants without some assurance that the com pany shall not be subject to be sum marily ejected without notice, as might be done when there is no franchise granting an irrevocable and definite of existence to the company. Without such franchise or assurances it can readily seen that it would place the company in an exceedingly dubious and hazardous situation. We do not be lieve that the fair-minded citizens of Carson will either expect or advocate such a condition to obtain. The com pany at the present time can sell all the power it now generates at a price, in some instances, in excess of that per mitted to be charged to the inhabitants of Carson and, to us, it seems only fair that the power company should be given some definite assurance that the'y will be permitted to continue in busi ness for a prescribed or fixed period. "4. Again,, without a franchise or some assurance of a definite tenure of existence, the people of Carson cannot reasonably expect the same service in the way of extensions, improvements, and repairs as would he pivpn If a franchise for a definite period were granted. The company could not afford to do so if it were in the unstable and uncertain position which it would oc cupy without a franchise as to when their right of service was definite and determined. "5. To those of the City of Carson who are proponents of a plan for the city, sometime in the future, of owning its own plant, their attention -i re spectfully called to the fact that the franchise applied for is not exclusive, the board expressly reserving the cow er to grant to others like rights for the same purpose. Further, the municipal ity at all times has the right of con demnation and upon the payment of a reasonable price for the physical equip ment can take over the holdings of the company, and in this connection we are advised that the franchise for which the company now makes application is not an element to be considered in the valuation of the company's plant. "6. We further feel that there is a moral obligation on the part of the City of Carson to grant a franchise as requested. In 1902 a perpetual fran chise was granted to the present ap plicant by Carson City on more fa vorable terms to the company than those embodied in the present applica tion. The application and the fran chise granted in that case was made in good faith by both parties, and for twenty years the' company has been giving service to the inhabitants of Carson City under the franchise therein granted. It is now asserted that this franchise has no validity by reason of the fact that the trustees at that time did not have the power to make the grant contained in that ordinance. Nevertheless," and by reason of the grant therein contained, the company has made a large, investment and ex penditure. Common fairness and square dealing, if nothing else, should warrant the granting of the franchise applied for a franchise which by its terms is less favorable to the power company than that granted by the city in good faith twenty years ago. v"We believe that your editorial is to be commended for its suggestion that the agreement between the company and the board of trustees of your city should be openly arrived at The company certainly expects nothing else, and as a matter of fact, this is assured by the provisions of the act of 1907 that resolutions- setting forth the terms of the proposed franchise must be pub lished for a period of four weeks be fore the franchise is granted. "We have this day made formal ap plication to the board of trustees of Carson City for a franchise along the lines above suggested, and have trans mitted to them a letter expressing views similar to those set out in this com munication." RESUMES RUN Georage Geyer, brakeman on the Virginia & Truckee passenger train,-resumed his run today after a two weeks' lay-off. . . IMAFION CALLED The resignation of Tom Pickett, United States marshal for Nevada since July 15, 1919, was asked for today by Attorney-General H. M. Daugherty. Although Pickett had received an in timation that he would be relieved on April 1, the request from Daugherty came as a surprise, for Pickett's com mission does not expire until July 15, 1923. J. A. Fulmcr of White Pine county will succeed Pickets it was unofficially stated today. ' 4 Just how long Pickett would be al lowed to serve under the Republican administration has been a matter of conjecture. It was generally believed that he would be allowed to serve out his term of four years called for in h commission, uui ine rumor nas aiso been current that Fulmer has lately been arranging his personal affairs to permit the taking over of the office on April 1. An Ely resident let it be ..yi come known in Reno recently that Ful mer had been given assurance that he would receive the appointment. O'BRIEN ACCEPTS JOB OF DEPUTY SECRETARY STATE Thomas O'Brien, popular Carson City man. announced todav that he had accepted the offer of Secretary of State George Brodigan to become depury sec retary of state and that he will take over the duties of the office tomorrow morning. Mr. O'Brien had been an efficient ex pert for the state tax commission un til the depiction of the commission's finids-on the first of the year auto matically made the office vacant. Since tin time he has been employed by '.he united Comstock Mines Company of Gold Hili and in taking his new nos;- tion . has resigned from the mining company position. He will assume the duties of his ntw public office with the weil wishes of scrres of friends. JOHNSON ARRESTED ON A MISDEMEANOR CHARGE A charge of malicious mischief against E. Johnson, local taxi operator, was issued this afternoon and John son was arrested by Sheriff Joe Stern. The case follows the alleged breaking into the Tax; Garage by Johnson and the removal of an automobile to whic'i he lays claim. Malicious mischief is a misdemeano- charge. A charge of second degree burglary against Johnson was with drawan yesterday. Col. J. G. Scrugham returned this morning from the Northwest, where he had gone on American Legion matters. Harry Carey at Grand 1w v HARGY CARE? , Tfo Thursday and Friday, March 9 and 10 the management of the Grcnd thea tre will, offer Carl Laemmle's presen tation of Harry Carey in "The Fox, the first super-Western ever screened. A few of the thills of this picture in clude: A terrific, blinding sand-storm, the great battle against hundreds of outlaws, the. famous 11th - United OF ran PICKETT FOR BY DAUGHERTY Fulmer's name has been freely men tioned in connection with the office ever since the last election. His boom was dormant for a time while Attor ney J. M. Lockhart of White Pine county was being groomed for the dis trict attorneyship, but with the an nouncement of George Springmeyer as Oddie's choice for that place, the Ful mcr stock for the marshalship grew again. As a result of Daughcrty's demand for Pickett's resignation, the Nevada marshal will have served less than three years of his four-year term desig nated in the commission by President Wilspn fO.v 5, 1919. He did not assunV 5Jie rtic of the office until AmjusstSiiof rffa same year. Vlf tltdlfptl Jk il little tirvio t.A-,r ts ftT?tfer5lns tt e future, although VSj renWtfieWsignation asked fnUDJTCRherttlk TjJDiglierf Ihesiwioiaigherty proposes, shi$y stjffcimmediely and Pickett is & re "irHil appointment and qua af'iTOSn rhiscessor. INVlTATIOtfeTENDED SECRETARY HOOVER As a result of the announcement of Herbert Hoover that he will attend a meeting of the Colorado river com mission at Phoenix, Ariz., on March 15, an invitation has been extended tj him by Gov. Boyle to visit Nevada. The governor's telegram is as fol lows : "Colonel Scrugham advises me that you will be fn Phoenix otTthe fifteenth and I most earnestly urge that you visit southern Nevada on your trip to see the proposed Colorado river de velopments there on the ground that we are making no sectional fight in this matter and your many friends in Nevada would appreciate your stoppn off with us. FUNERAL OF MRS. COTTRELL HERE TODAY With the casket banked high with beautiful floral tributes and with many friends some of them almost life-long in attendance, funeral services for Mrs. Elizabeth Cottrell were held at her home here this afternoon. Inter ment was at Lone Mountain cemetery. Miss Anne Martin was organist at tfiis afternoon's funeral service and solos were sung by Misses Mamie Berning and Mabel Stewart. Rev. Mr. Hfervey of the Presbyterian chiurch conducted the religious service. Pallbearers were: Frank F. Mur phy, Richard Barber, George H. Mey ers, Jess Newnham, J. H. Stern, and Howard Grifiiths. V vx- a universal jtvci States Cavalry, the reckless, death-defying ride of Harry Carey's famous Flying-Squadron, the gorgeous, awe inspiring, painted rocks of the Mojave Desert. A local touch is injected in this pic ture, in that many of the ranch and other scenes were filmed in Nevada, outside of Reno. Admiss'on 25 and 55 cents. HARDING OPPOSES SOLDIER BONUS E WASHINGTON, D. C, March 6 (Special to the Appeal.) Upon presen tation to President Harding of the re drafted bonus bill, that official an nounced his opposition to its contents. Final agreement on the measure was reached by members of the committee early in the day and Chairman Ford- ney was authorized to submit it to the house. The bill as presented contains four options, namely, vocational training, home and farm aid land settlement, the cash payment of claims under fifty dol lars and the service certificate, upon which half of the face value can be borrowed from banks, for those with claims of more than fifty dollars. CONFESS BOOZE ROBBERY SAN FRANCISCO, Cal., March 7. (Special to the Appeal.) Clifford Rol lins and John Walsh were arrested to day for complicity in the robbery of the McNear mansion, Menlo Park, last week, in which a large quantity of liquor and silverware was appropriated by the bandits. Rollins made a com plete confession to the pulice authori ties and other arrests are anticipated in a short time. TO TESTIFY AT TRIAL LOS ANGELES, Cal., March 7 (Special to the Appeal.) Henry Lehr man, fiance of Miss Virginia Rappe, motion picture star, who died follow ing a Labor Day party given in the rooms of Roscoe (Fatty) Arbuckle in a San Francisco hotel, arrived here to day to participate in the third trial of Arbuckle as a prosecution witness. Grand Theater TUESDAY AND WEDNESDAY March 7 and 8 "Proxies," a Cosmopolitan produc tion. The maid was a crook, the butler a jailbird, and the charming' daughter of the house well, you won't blame the maid for watching her. And when high finance and high society get all tangled up in a love knot Pathe Comedy, "The Custard Nin.'t 10c and 30c. THURSDAY AND FRIDAY March 9 and 10 You never saw anything like it in pictures. Harry Carey in "The Fox. The first western super-production ever screened. A UnWersal-Jewel. 25c aal 55c. SATURDAY March 11 Will Rogers in "An Unwilling Hero." At the risk of his own skin. he had prevented a robbery and made a pretty girl happy by making it pos sible to marry the man she loved. Wilt Rogers has never given a more humor ous or a more human performance. Big V Comedy and chapter 11 of "Fighting Fate." 10c and 30c. SUNDAY AND MONDAY March 12 and 13 Catherine Curtis presents "The Sky Pilot" Four thousand maddened steers in teriffic stampede charge straight for the helpless girl. The Slr ruot leaps to veer them. And they thunder down right upon him! Comedy "Bring Up Father," Jiggs in Society. 10c and 30c. TUESDAY AND WEDNESDAY . March 14 and 15 Thomas Meighan in "White and Un marked." Falling heir to a fortune, he graduated from burglary into society. And met the girl whose photograph be had carried out of a second-story win dow. Comedy, "The Bashful Lover." 10c and 30c.