Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1883-08-11
LONG DELAYED.
Suit Against the County Commits
siOners.

There be No Bluff Now Probe
the Matter to the Bottom.
Hon. M. D. Foley instituted suit yester-
day against the County Commissioner Of
Eureka County to recover from them and
their sureties, for the county, certain large
sums Of money alleged to have been illegally
ordered paid by the Commissioners on
sundry accounts, the total Of which is set
down at Sc, APO.
This action is taken by Mr.. Foley under
q law of the last Legislature which he him
self introduced in the Senate.
He has done, under this wholesome
statute, what should have been done by
the District Attorney, or some other citi-
zen, q good while ago.
1t has been the almost unanimous opinion
Of the people Of this county that the County
Commissioners have been extravagant and
wasteful in their expenditures, and tina,
they have passed many bills without the
sanction Of law. Taxpayers have groaned
under the load. They have felt that their
money has been squandered and misap-
piled; yet with q plain statute at hand, de-
vised for their relief in this emergency,
they acted as though they were helpless or
unaware OF the remedy provided; or, per-
hsps, the effort to obtain redress was felt
to be 30 much everybody's business that
interested we're, for this reason,
from instituting the proper pro-
ceeding. Some persons again, II may be,
preferred to bear their portion OF the
burden rather than have recourse to law,
as they were not assured of that moral
support among others Of the community
interested with themselves, that
would be necessary to make the prosecu-
ton of the case q success.
At last, however, q citizen has been
found to step into the breach, and that
is Mr.. Foley.
We are disposed tt give him all the
credit for his action that he is entitled to.
He has instituted proceedings which, if
out zsalously to their legitimate
cannot fail to result in benefit
to the community. 1t will be the means
Of judicially determining whether the
Commissioners are guilty OF the
malfeasance that they stand charged with
in the minds Of their fellow citizens. If
are innocently accused, their inno-
cence will be established. II they are
found guilty. they and their sureties will
be required to refund to the county S6,420
round sum these times-and the tax
payers will be relieved Of the incubus for
the future.
As before stated, we are not disposed to
be behindhand in recognizing the value of
effort on the part of Mr.. Foley, who
now stands before the people in the light
OF q public servant in two distinct capaci-
State Senator and as complainant
the County Commissioner Of
Eureka.
As such functionary, however, w would
like to ask Mr.. Foley to make his charges
In one instance, at least, more specific. He
that 5000 have been Illegally paid
put for public printing since the present
Commissioners gave bond-on or about
2, 1888.
The SENTINEL has been doing county
during this period, but moi all
the county printing. A paper Of which
Mr.. Foley is understood to be the princi-
pal owner has done q part of this printing.
The SENTINEL courts an investigation
all its bills, which may be inspected as
and as accurately now as when they
we're presented.
We wish Mr.. Foley to be very specific in
this particular, as he seems to charge that
The SENTINEL has been paid 5000 illegally
or printing. At any rate this is the in
that the public will draw, as it is
not conceivable, however public spirited
he complainant may be, that he would
q suit against his own newspaper
and practically against himself. Large
Of money have been illegally paid
for nnxnkv nrtp4inn wh;oh me- - oak-
SIZED Mr.. Foley does not consider in his
count, but which his attention may lie prof
Itably called to if he has overlooked them,
We will say in addition that now there
be no let-up; also, that as far as
his paper can aid in the premises. it will
every proper effort to assist Mr..
Foley in seeing the suit brought to a
legitimate conclusion. Our own material
concern is sufficient TO warrant this inter-
Est. We shall see, if it be possible, that
that there shall be no halfway business,
bluff in these proceedings, and that
they shall not be ''sllowed to go by de-
for any interested consideration
whatever. Let the matter be probed to
COMPLAINT.
The following is the full text of Mr..
complaint:
In the District Court Of the Sixth Judicial
District OF Nevada in and for Eureka
County.
The County Of Eureka ex. rel. NJ. D.
Foley, plaintiff, vs.. N. Smith, E. T.
Trofatter, VIM. Arlington, R. Sadler,
John Tore, A. Skillman, P. N. Hansen,
NJ. B. Bartlett, J. Tognini and Il. Ry-
land. defendants.
The said plaintiff complains Of said de-
Iendants, and for cause of action shows to
The Court:
That at all the times hereinafter men,
toned relator was, ever since has been and
now is Q resident and taxpayer OF said
County.
That the said defendants, N. Smith, E.
T. Trofatter and VIM. Arlington, on the
first Monday Of January, 1898, were and
ever since have been and still are the duly
qualified and acting Commission
ers Of said county of Eureka, and as such
in their official capacity constitute the
Board Of County Commissioner OF said
That on or about the LIST day Of April,
1888, said above named defendants or said
Commissioners OF said county in
pursuance of an Act OF the Legislature OF
inc Stat6 Oh N6fbub, cubitiou AL ACt to
auiring County Commissioners to give
and providing additional security
Tor the proper disbursement Of public
money" approved March q, 1883, gave
their bonds In the sum of SIS, 900 each as
by said Act, and upon the bond
81 said defendants, N. Smith and =. T.
said defendants, r. Sadler and
John Tore. are the sureties each in the
INN Of s5 zoo. and on the bond Of said de-
VIM. Arlington said A. SkillmAn,
p. N. Hansen, R. Ryland, n. B. Bartlett
and J. Tognini are sureties each In the
sum OF 81. 900.
Plaintiff further alleges that he Is in
and believes, and upon such infor-
and belief, alleges the facts to be
that since the giving Of said bonds there
has been illegally paid out Of the County
Treasury OF said county in consequence Of
orders Of said Board Of County
Commissioners large sums Of money for
purposes, TO wit: For rent for an
office for the Justice Of the Peace of Eure-
ka Township in said county the sum OF
Sl2O: for county printing the sum OF $500;