Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-31
NEW TO-DAY.
ADVERTISEMENT
TO THE PUBLIC.
Report of the Com Iniftee of Board Of
Fire Delegates in Answer 10 Judge
w II. Davenport, '

Report of the Committee of Board Of
Fire Delegates in Answer TO Judge
w. H. Davenport.
In the issue of the daily papers of Storey
county of the Goth january, there appeared an
article over the signature OF w. II. Davenport, IN
reply to u certain set OF resolutions passed by
the Board of Delegates of thU Virginia Fire De-
partment, condcmnng him for dishonesty ap-
propriating to his own Use certain moneys which
legally were the property Of the Charitable Fund
OF said Department
If, in his card, Judge Davenport had given the
public ull the law bearing upon the question IN
issue between himself and the Board Of Delegates
there would certainly be no difference of opinion
us the correctness of his course; but the Judge
has either overlooked designedly disregarded
the provisions of the law which especially gov
erns and controls in the premises. BY Section
IS OF An Act to incorporate the city Of Virginia
approved February II, 1864, in establishing the
Office he holds it is expressly provided that he
Qhe Recorder) may also, in any suit, prosecution
or proceeding before him. tax the costs thereof
against the person.
Now, this being provision of special statute
whereby, among other things, it was designed by
the Legislature directly provide for the govern
ment of the Recorders Court. of course ull pro-
visions of u general nature must be held subor-
dinate and be governed by the special statute
First, the word ''may" Is used; but II is well
known that in all cases where this word Is used,
rs in this instance, In connection with the duties
Of public officer. II must be construed rs manda.
tory and nut pernisSive.
There is when properly considered, no conflict
between the provisions Of the General Practice
Act cited by the Recorder, and that OF the one
contained in the special law referred TO. The
former applies to cases arising under the general
practice while the latter Is solely applicable.to
the class of causes arising under the ordinances
of the city, and especially to those where the fines
are directed to be applied to the benefit oil the
Fire Department Charitable Fund; for, by Sec.
ton 10 of IAN Act to regulate the Fire Depart
ment of the City Of Virginia" approved FEBRUARY
30 1864 1t is expressly enacted that oil fines col
lected under all fire orders shall be appropriated
10 the Fire Department Charitable Fund
The city ordinances fix the fines, the general
laws the costs The Act establishing the Record.
ers office directs that the Recorder shall also tax
the costs, etc, against the person convictedi and
the Act to regulate the Fire Department com
mands that all fines shall be appropriated TO the
Fire Department Charitable Fund. Taking all
these provisions together, can any one believe
that the Legislature intended hat out Of the fines
directed to be applied to the Charitable Fund,
over one.hRlf should go to bolster up Judge Da-
venport's pecuniary responsibility Allowing
that the Judges version be correct (Which we de-
N.Y., il, in our opinion, Is contemplate subter
fdge to resort to as an excuse TO justify him In
robbing an institution, the object Of which 10 to
comfort and relieve the poor widow and orphan,
who, perhaps, became so by the self-sncrincing
and heroic conduct Of those noble tiremen who
lacked that pscWaiGry responsibility 10 which the
Judge refers, and may have sncI iticed their lives
In saving the property of such men rs our honest
and truthful Judge.
In relation to the report Of the Mayor, to which
the Judge attaches 80 much Importance, we will
say that while we respect the lutte Mayor as a
gentleman we are satisfied TINT In this matter he
acted very dcrelict for had he paid that attention
Al Id. H. NNha 1aN.
tiers would have been developed which would not
be very hattering to the honesty or integrity OF
our immaculate Judge. He, In his card, says that
the Board were prompted by malice. Here let US
assure this upright Judge that he might remain In
This community until his back becomes bent with
the weight of sin and years, and he would never
IN the slightest degree attract the attention Of the
humblest member of the Board, or any member
of the department, unless some Of their friends
should be so unfortunate or indiscreet a. 10 get
intoxicated with money In their possession. The
best of men are sometimes, from the force Of cir
cumstances, thrown into the society Of those
whom they hold in supreme contempt, ~ for In.
stance, If the honest policeman sees thief com.
hitting felony, he arrested him, thereby comes
in contact with one that he desplses and so II Is
with the Board Had not this honest Judge tres
passed on the rights Of the Department, we never
would have condescended 10 notice an object OF 10
little Importance az this toortkv Judge
His Honor also uiludes to the pecuniary respon.
sibllity OF the members OF the Board. A citizen
may be poor, but he con be honest Ffremen, as
a general thing, are not very rich, having 70 exc
out their subsistence by honorable and manly IN.
Dor and not by population and fraud
As to the social responsibilities which TINS I'M
maculate Judge refers to, we would say thai me
humbest member Of that Board considers himself
the peer, if not the superior, Of his honor N any
position In life Here let US assure TINS tdtentea
srpounder Of the LGp that If he feels aggrieved at
the truths contained IN the said resolution, THAT
be can have any kind Of responsibility his fasiid-
Ious nature may require.
In conclusion, we will say that It Is the tartnest
from our desire to wrong any person, and would
respectfully invite the public 70 investigate the
our position Very respectfully, etc,
CHAs. WILSON, President,
T. SHEA, Chm Judic'y Com.
NJ NcnnuaAYY CO., " r D. io3l II