Newspaper Page Text
I PROPERTY. OF,
TiEVADA otats s - - - . - . j 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 I I I ' "1 I 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.