Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1881-02-05
AN INEXCUsABLE REFUSAL.


who Look upon the complaint pub
lished in the TINES of last Saturday
against County Clerk Dallas as an
unwarranted personal attack upon
an individual who was only perform
ing his duty in refusing to allow the
papers used at pubic trial to be
seen, For the special benefit of those
persons we have looked over three
volumes of the Statutes OF Nevada,
and in no case did we find word
prohibiting the County Clerk from
allowing any person who desires to
do so to examine the records in his
possession. On the contrary, wher'
ever the subject is referred to at all,
it is to prescribe the greatest public
ity possible. The reasons for this
are obvious. Judges are only ordi-
nary mortals, and are liable to
human iailings. Surprising that,
through corrupt motives or personal
bias, Judge fails in his duty OF adj
ministering justice, how is the fact
to be ascertained, or even suspected,
unless the records of his court are
accessible? But there is no neces-
sity of pursuing this dicusssion fur
Their. In all free countries the pub
lie have access to all papers which
have been used in a public trial, and
to obstruct this access is an mex
cusable assumption of authority.
The following extracts from the Con-
sttution and the Statutes of the State
of Nevada vii assist our readers in
forming an opinion on this subject:
from Section 0. Article l, of the Constitution
No law shall be passed To restrain
the liberty of speech ami of the
press.
All judicial decisions shall be free
for publication by any person.
From Section 12G9 Compiled Lsws
The docket kept by the Clerk [of
Court shall be open at all times, dur
ing office hours, for the inspection of
the public, without charge; ana it
shall be the duty of the Clerk to ar
range the several dockets kept by
him in such q manner as to facilitate
their inspection.
TIT will be observed that the Clerk
is required to have office hours.
This provision Clerk Dallas has ut
terly neglected to comply with
From Sec. of " An Act supplementary to an
Act entitled An Act to regulate ices and
compensation for official and other ser
vices In the State of Nevada" approved
March 10, 1872
It shall be and it is hereby made
the duty of the county and township
officers herein named 1.-THE Clerk be-
ing one1 to keep IN their several of
fees book, to be called " Regis
ter of Fees" wherein shall be en-
tered all fees and compensation re-
ceived by them; also, all fees uncol-
lected or remaining due for official
services, with a memorandum of the
transactions wherein such fees were
collected or remain due. Such book
shall be open at all times to the in
spection of the public, and no com
pensation shall be allowed for keep.
ing the same.
There are probably many other
authorities bearing on the case, but
the above will suffice to satisfy all
nnprejudiced persons of the justice
of our claim that all official records
in the possession of the County
Clerk should be open to inspection
by all citizens who wish to exercise
the right.
But what has been, and is, the
practice outside of Lyon county?
In all large cities, law reporter is
employed on the daily papers at
liberal salary, whose only business
consists in making the rounds of the
various courts, and ascertaining the
business transacted during the day,
or to be transacted at an early day;
and the clerks of courts not only
permit this representative of the
press to examine, copy, or condense
any paper which he calls for, but
actually assist him by every means
in their power. This is done in
Storey, our neighboring county,
and every court day the Enterprise,
the Chronicle and the Gold Hill
News appear with full reports of the
court proceedings. The same state
Of affairs prevails elsewhere.
The statutes of this State and the
practice of our courts favoring our
views, what reasonable excuse can
County Clerk Dallas give for his
refusal to allow the papers in any
suit to be seen by a representative
Of the TIMES or any other citizen?
None whatever.
THUS is the latest "get Off on