Carson City daily appeal. [volume], March 28, 1922, Image 1

About Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930

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I PROPERTY. OF,
TiEVADA otats
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LIBRAS
VOLUME 59
CARSON CITY, NEVADA, TUESDAY, MARCH 28, 1922
NUMBER 69
SILVER CITY MAN DEtJY
OIIG GOLD
HILL VETS
WIVES Al
AIID REWI TO SPOILS 01
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mm
J. I I I I I I I II f V II II
REHEARING
TAKEN BACK
FOR TRIAL
Fred Wheatley, wanted in Lyon
county on a charge of assault with in
tent to kill, growing out of an attack
upon his wife at Silver City Sunday
flight, was taken to Yerington from
Reno today to await trial. Wheatley
was arrested at Reno yesterday by Pa
trolman Berry and held until Deputy
Sheriff Donnelly of Lyon county went
from Carson to Reno for his man.
Mrs. Wheatley is under the care of a
pnys.c.an at o.ivcr uV rom mjur.es ,
received m the beating alleged to have'
. 1 ; . c!i -. t
been administered by her husband.
According to a clearer description of
the melee than that received by the Ap
peal yesterday, Wheatley knocked at
the door of his wife's home and after lhearing. In the petition it
she had opened it he knocked her down' , sress Qn the
and broke three of her ribs. He drew
a revolver and threatened to kill her,
but her screams attracted R. C. Darce
to the scene.
The two men grappled and in the
fight a bullet from the revolver tore its
way across the breast of Darce who
fell to the floor and was struck on the
head and across the face by Wheatley
with the revolver.
It is said that in the meantime Mrs.
Wheatley took a pistol from a bureau
drawer and fired at Wheatley, the bul
let striking him in the forehead and
glancing of! without doing serious in
jury. Mrs. Wheatley escaped from the
house and started toward Dayton and
on the road met Wm. Stock and George
Robsen, who were returning from Car
son to Virginia by auto and they took
her to Dayton and returned with a
deputy sheriff. Meanwhile Wheatley
had leaped to the hills.
WINNEMUCCA MAN HEARS
FROM GEORGE T. MILLS
F. J. Button is in receipt of a letter
from his old friend, George T. Mills of
Carson City, who is now in Washing
ton, D.C., as secretary of the United
States commission the Brazilian inter
national exposition, in which he makes
reference, to Mr. Button's story of the
Indians on the Little Humboldt, recent
published in the Humboldt Star, issued
at Winnemucca. Mr Mills and Mr. But
ton were college chums and like to
"yosh" one another. Mr. Mills states
that he always knew that Mr. Button
had a record as an Indian fighter, but
hints that he should have given more
detail of such important occurrences.
Mr. Mills has been in Washington
since January 17, but says that he still
loes the West the best.
COMING EVENTS
April 6 Lecture on China v at
the
Methodist Church.
April 7 "Children's Hour," at the
Leisure Hour hall.
April IS Cooked food sale by the
Methodist ladies.
April 19 Band Concert.
April 18-19 Meeting of Nevada
Presbytery in Carson Presbyterian
Church. Installation services on April
19.
Taxi Service
Phone 467
Open Day sad Night Taxi Service at
All Hours. Areata tor Goodrich Urea.
Expert Repairing, AH Work Guaran
teed". Used Can Bought, Sold and
Exchanged.
. GASOLINE, OILS AND
! AUTO SUPPLIES
TAXI GARAGE
i -
' One Block South of Capitol
WM. KULDOON and LESLIE HESSE
' Proprietors
RICKEY DAW
CASE
A petition for rehearing of the case
of Mrs. Dora Dean Rickey and daugh
ters against the Douglas Mill and
Power Company was denied by the state
supreme court today.
In a Douglas county district court
judgment, Mrs. Rickey and : children
were awarded $15,000 damages for the
death of their husband and father,
jWilliam Rickey, who was killed by com-
jng jn conUct whh a live electric wire
f fh, Pnmnanv TKU ;jmn( m.
upheld by the state supreme court.
In the opinion today the court has
the following to say:
Appellant has filed a petition for re-
has seen fit
ay stress on the contention that the
decision of this court dismissing the
appeal and affirming the judgment, is
based upon a technicality. No asser
tion could be more contrary to the fact.
Appellant's loss of a hearing on the
merits was not due to the application of
any technical rule of procedure, but to
the failure of its counsel to comply with
plain, mandatory provision of law
whereby the errors claimed to have been
committed by the court below could be
reviewed by this court.
By force of statute a bill of excep
tions is the only means whereby error
not appearing on the face of the judg
ment roll can be reviewed by the ap
pellate court. A bill of exceptions be
comes such only when it is settled and
allowed by the judge, or court, or by
stipulation of the parties. Under the
old practice, as we pointed out in the
original opinion, the statutory rule for
authenticating a statement on appeal
was the same. None of the papers ap
pearing in the transcript on appeal in
this case, and claimed to be bills of ex
ceptions, was settled or allowed by the
trial judge, or court, or by stipulation
of the parties. This appears from the
record itself, and from the admission of
counsel, who claim that no such settle
ment and alowance is necessary. The
claim is groundless, and to allow it
would be subversive of our legal sys
tem of bringing errors to this court on
appeal.
By an act of the legislature approved
March 16, 1915, a bill of exceptions may
be prepared as to any decision, ruling
or order made during three different
stages of an action or special proceed
ing. Section one, as amended by the
legislature of 1919, provides for a bill
of exceptions as to errors claimed to
have been committed after the filing of
the complaint and before trial. Section
two provides for a bill of exceptions as
to errors alleged to have been made
from the time the action or special pro
ceeding is called for trial, to and in
eluding the entering of final judgmiit
In each case the statute requires that
the bill of exceptions shall be settled
and allowed by the judge, or court, or
by stipulation of the parties. The act
of 1915 permits any party at his option
to submit the transcription of the pro
ceedings to the court for allowance and
settlement as a bill of exceptions.
'Our constitution merely confers ap
pellate jurisdiction upon the supreme
court. It does not prescribe the mode
by which an appeal to it may be taken,
The legislature, therefore, has ful
power to prescribe such regulations as
to the time and manner of taking an
appeal as may not unreasonably re
strict the right It cannot be said that
a legislative enactment requiring a bill
of exceptions to be settled and allowed
by the court in which the action was
tried, or the judge, or by agreement of
the parties, is an unreasonable restric
tion of the right of appeal. On the other
hand, it must be conceded to be a wise
and salutary requirement, fully calcu
lated to acquaint the appellate court
with the true status of the controverted
questions as they arose in the court be
low. "The petition for rehearing is de
nied."
MINDEN AND RENO
ROADS ARE GOOD
Autoists travelling between Carson
and Reno and Carson and Mindenre
port that the roads both north and south
111 HOLED
THROUGH
GOLD HILL, March 28. (Special
to the Appeal.) Shift Boss Leo Elake
and his crew fired the final blast which
holed through the 10,000-foot. Iwuiel of
the United Comstock Mines Company
between the Belcher and Knickerbocker
headers at this place.
The completion of this unit of the
work undertaken by the company marks
one of the milestones in the gigantic
operations undertaken by Buckeley
Wells and his associates on American
lat and at Gold Hill.
The mill brought here from Alaska
for erection at the mouth of the long
haulage tunnel on American Flat is
nearing completion and accommodations
are being prepared for a large crew of
men.
In addition to a bunk house and cot
tages put up south of here, 100 tents
have been hauled to Comstock to house
the large force of men at that place.
NEVADA PRESBYTERY
HERE APRIL 18-19
Rev. John L. Harvey will be installed
as pastor of the local Presbyterian
church on April 19 when the Nevada
Presbytery of that church will con
vene here. The presbytery will open on
April 18 and will be in session for two
ajs.
A program for the fifteen or twenty
pastors and elders who will atter.d is
now being prepaicd.
A congregational meeting, consisting
cf a business mating and social time,
will he held at il.e local churc'i next
Friday evening a.id on Saturday night
the young people of the churcn and
their friends w "' be entertained ar an
April Fool's party.
CARSON HIGH RUNNERS
TO COMPETE AT RENO
Practice for the high school track
meet to be held at Reno Friday night
is being held daily under direction of
Coach Jones at the Carson high school
and competition for places on the team
is more keen than it has been for sev
eral years.
Four mile runners will be taken to
Rtno Friday night from the local high
school to compete with runners from
several other Nevada schools.
HERE ON BUSINESS
W. J. Machabee of Reno, manager of
the Verdi Lumber Company, was a
visitor to this city today for a short
time and left this afternoon for Min
den. He expects to return here to
morrow night for another short stay
and will hereafter make visits every
two weeks from his Reno office.
SUNDAE-ETTES
Ice cream sandwiches. Something
new and something good. At Farrells.
Just q4
7 he Most Talked About
Car In The United States
44 SIMPLICITY and Durability" has been Mr. Durant's t
motto, and he is now proud of the first ear he has allowed
to bear his name.
Too much cannot be said of its simplicity. The following
labor-charge will convince you:
Remove motor from frame t $2.20
Replace motor in frame ; 3.75
Grinding valves and cleaning carbon 5.00
Remove and replace clutch . 2.50
Overhaul differential 6.00
Adjust differential ; 1.00
Its handsome appearance and genuine leather upholstering
. cannot escape attention.
"We will be more than glad to demonstrate its marvelous
performance to prospective buyers of automobiles at any time.
I Call and see it or phone for an appointment at your home.
PRICE
F.O.B.
Equipped
CAPITAL
WIDOWS HAVE
PREFERENCE
Widows of honorably discharge sol
diers, sailors, and marines who served
in the World War, and wives of in
jured soldiers, sailors, and marines of
that war who themselves are not phy
ically qualified to hold positions in the
civil service, but whose wives are quali
fied, will be given the same preference
in examinations for postmasterships of
the Carson City and fiirst-, second-,
and third-class postoffices that is given
to the men themselves, under the civil
service commission's interpretation of
the executive order of October 14, 1921,
it is said in a statement issued by the
commission today at Washington. A
vacancy in the local postoffice occurs
on May 25, 1922.
In other words, the commission states,
under its interpretation it will apply
the executive order to the same classes
of World War veterans, their widows
and wives, that is provided for posi
tions in the classified civil service b
the veteran preference act of July 11,
1921.
Postmasterships at offices of the first,
second, and third classes are not clis
sified under the civil service law, al
though filled through competitive ex
amination under executive order, and
such military preference as is allowed
in examinations for such offices is also
provided by executive order.
CARSON MEN SURVEY
HIGHWAY IN NORTH
A party of highway men arrived in
Winnemucca Saturday evening .having
driven from Lovelock that day with
twe G.M.C. trucks the Humboldt Star
says. They spent the night there and
next morning all except Paul Carriger
continued on to Battle Mountain. Car
riger remained to take up the survey of
the Victory highway route in Humboldt
county with R. E. Tilden, who is to
make the survey there. Included in
the party were R. P. Burris, Carl Shu
bert, Dick Barber and H. Earl Wise.
They plan to remain at Battle Moun
tain ten days making the final surveys
on the route in that vicinity, then going
to Elko, where they expect to spend
two weeks, after which they will go to
Ely to do the final survey work.
The party reported the roads pretty
good until they reached Humboldt
county.
MISS O'BRIEN BETTER
After suffering for several days from
an abscess in her ear, Miss Kathryn
O'Brien, daughter of Mr. and Mrs
Thomas O'Brien, was reported as re
lieved and improving today.
MRS. COHN IMPROVES
Although she is still confined to bed
at San Francisco, Mrs. M. Cohn is im
proving from her recent illness, accord
ing to word received here today.
V
eal Qood Car
Carson City-
$1095.00
with Cord Tires
GARAGE
SYSTEM SAYS
DAUGHERTY
WASHINGTON. D. C, March 28.
(Special to the Appeal.) Testifying be
fore the house appropriation sub-com
mittee loday, United States Attorney
General Daugherty advocated the repeal
of the civil service system in filling
vacancies in federal positions through
out the country and the continuation of
the "spoils" system.
RENO TAXI COMPANIES
HEARINGS HERE APRIL 18
A hearing on the application of the
applications of the University Taxi
Company, a concern operated in Reno
by university students, and the Ford
Kane Company for certificates to per
mit taxi service in Reno will be held
by the public service commission here
on April 18, at 10:30 a.m., it was an
nounced today.
RIVERSIDE FIRE
ECHO IS HEARD
Echoes from the Riverside hotel fire
at Reno two weeks ago are being heard
the office of Secretary of State
George Brodigan, where those who lost
automobile license certificates, corpora
tion charters and other valuable docu
ments are applying for duplicates.
M. C. Kelsky of Gold Hill is the lat
est victim to apply for a duplicate auto
icense card.
'BLUNDERING BILLY" TO
PLAY TWO ENGAGEMENTS
"Blundering Billy,,'' staged at the
Grand by local talent some time ago,
will be put on at Stewart Thursday
evening, and Friday evening will be
played at Gardnerville under the aus
pices of the Douglas county high school
The play will be presented by the same
cast which scored a hit in this citv.
PREIST RETURNS
After a several weeks' visit at his
former home in Tennessee, Deputy State
Superintendent of Public Instruction
Charles Priest returned to Carson City
th:s afternoon. Mrs. Priest and the
baby remained in the South for a long
er visit. The baby, Mr. Priest said, was
sick for a time after the long journey
to tl i South, but has recovered.
HER MOTHER BETTER
Mrs. John Gallagher, forrner Nevada
woman and now of Biggs, Cal., is re
covering from a recent severe illness,
her daughter, Mrs. L. J. Blake, reported
this morning upon her- return from
Biggs. Mrs. Blake suffered from an
attack of la grippe during her visit at
Biggs.
REHEARTNGS DENIED
Petitions for rehearings in the cases
of May L. Corcoran vs. Dodge and
Barry of Reno and the Steamboat
Springs Company and Giovanni Bettini
vs. Lou's Mongole et al were denied by
the state supreme court today.
COOKED FOOD SALE
A cooked food sale will be given by
the Methodist ladies on April IS at the
Greater Carson Club headquarters. Ad
RESERVE THIS DATE
APRIL 6
I Lecture on
:j. . CHINA
'
'I
y n
- ; Thos. W. Bateman
: j M. E. Church
Of SIRE
HIS IS
DYING
CHICAGO, March 28. (Special to
the Appeal.) Josefa Blayek, one of the
famous Siamese twins is dying here to
day. . Surgeons, in an attempt to save
the life of Rose, the other twin, will
attempt a separation the moment Josefa
dies.
MERRY MUCILAGE
AND STILLS ARRIVE
Carson City took to its bosom today
several kegs of "merry mucilage, four
teen stills and the appurtenances there
to for making the stuff that cheers and
often gets one into jail.
A three-ton truck brought the para
phernalia from Reno as evidence for
the next federal grand jury.
The liquor was of various qualities,
but was about the usual grade gener
ally as confiscated liquor. From one of
the stills a green, slimy fluid ran when
it was tipped on its edge.
TO SHOW CAUSE FOR
NOT PAYING LICENSE
An order to show cause why he
should not pay a license to the Nevada
public service commission under the
provisions of a state law has been is
sued for Guy C. Dewey by the Nevada
public service commission and a hear
ing on the order will be held here on
April 19.
Dewey operates an auto passenger
line between Reno and Gardnerville.
TWO PLEAD GUILTY
IN FEDERAL COURT
At a session of the United States
district court this morning, E. V. Mar
tin plead not guilty to possession of
liquor, while Jack McNormand and W.
M. Gilbert entered pleas of guilty to
violation of the prohibition laws.
McDormand was fined $200 and Gil
bert was sentenced to sixty days in the
Washoe county jail and fined $100.
TAKING CENSUS
STARTS APRIL 1
W. N. Evans, school census mar
shal of school district No. 1 of Ormsby
county, will start to take the school
census of the district on April 1. It is
expected that the number of children
will be found to be approximately the
same as when the last census was taken.
CHILDREN'S HOUR APRIL 7
After several delays "Children's
Hour" has been definitely set for show
ing at Leisure Hour hall on Friday
evening, April V. The fairies and
brownies will be the big attraction at
this entertainment. Advt
Grand Theater
TUESDAY AND WEDNESDAY
March 28 and 23
Wm. S. Hart in "The Testing Block."
The days of old, the days of gold, the
days of '49. A song of a soul's regener
ation. Bill Hart at his best.
Comedy "The Beauty Contest 10c
and 30c
THURSDAY AND FRIDAY
March 30 and 31
"Madonnas and Men." The utmost
in photodramas. The last word in
stupendous entertainment. A veritable
tornado of thrilling scenes, tense, trip
ping situations and brilliant acting.
"Along the Moonbeam Trail," an epic
of the dawn of creation. 25c and 55c
SATURDAY
April 1
Lon Chaney, Leatrice Joy and a su
perb supporting cast ia "Ace of
Hearts." His task was to destroy the
i man who bad lived too long, but be ex
perienced love that night and love
changed his entire point of view.
Big V Comedy and the fourteenth
chapter of "Fighting Fate." 10c and
30c.
from this city are in good condition.