The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1886-04-10
THE mocONkEY bond CASE.
White Pine County Loses In the su-
Preme Court-EIistory Of the Case.

o. M. Converse, one of the Nc
Conkey bondsmen. handed US last
Saturday morning note from Baker
d Wines, announcing that the Su-
preme Court had decided in favor of
the bondsmen. To ordinary mortals
1t seemed very easy matter to decide,
one way or the other, but it has taken
the Courts of this State three years to
give final decision. We are glad it
is over; and. after all, the county can,
perhaps, stand the loss better than
many of the the bondsmen. But the
effect of this decision is not calculated
to raise the standard of official ac-
countability, or impress their sureties
with any anxiety that they will be
called upon TO make good any short
age in the public funds entrusted to
their principals care. The point on
which the case hinged, and was de-
cided. rs stated TO us, &c consider
very weak one, if not IN Law. at least
in common sense and justice. It was
this: plaintiffs counsel was required,
but failed to show. in which cf Nc
Conkey's three terms he became de-
faulter." To ordinary minds, and
those not versed in legal lore, defal-
cation existed in the the White Pine
County Treasury whea discovered, and
not before. But the highest tribunal
in the State has otherwise decreed.
and the people of White must abide
by the result, whether they like it or
not. Following is brief history of
the case, taken from the Eureka
Sentinel:
On the evening of January /, 1888, George p.
Mcconkey. who had served for three successive
terms as Treasure OF White Pine county, died
very mysteriosly. Some say he was murdered;
others that he committed suicide. Those
differing In this matter presented strong argu-
ments In favor Of their belief 1t was, accord
ing to law. the duty of his successor as County
Treasurer TO assume charge OF the Office on
the day on which the murder or suicide was
committed, but for some reason or other he
failed to do so. Shortly afterwards. when said
successor entered the Official harness. T. was
learned that Mr.. MeConkcy was short In his
accounts about sii000. Suit was commenced
In tho month Of March. 1883. in the District
Court Of White Pine county. TO recover upon
the Official bonu of said MeConkey as Treasurer.
The snreties upon the bond demurrcd to the
suffleiency Of the complaint. relying on the
eonsttutiouality of an Act OF the Legislature
Of 1881, passcd for the relief of sureties on
ofhci4l bonds; also. involving question Of
pleading ~ To what constitutes conditions
precedent. Judge kives. in determining the
case. held that the Act was constitutional. aud
that certain requirements OF the statute were
conditions precedent, and must be affirm atiyely
alleged From his Judgment the county APP
pealed. which Judgment was by the supreme
Court reversed. This decision was given
about Janna.y 10. 1855. and on the 5th OF the
same month the Court house of White Pine
county at Hamilton was destroyed, together
with all It's contents, excepta few books nnim
portant IN this case, by fire.
Afterwards the case was returned to the
District Court At thisLtown, and upon the
hearing on the merits the defendants, II APP
RtafHs WtAb1At tuAAVAtihB NJ iNHhnbhJ
their behalf, moved for . non-suit. Il was
shown by the Court that the plaintiffs counsel
had not shown during which Of the three terms
served by Mr.. McConkey as County Treasurer,
the alleged defalcation occurred, aud that un-
less the same could be shown the last set o.
bondsmen eonld hot be held responsible for a
deficit which may have occurred In the first
second term. No such showing being made. q
non.suit WAS ordered. and an appeal was taken
to the state Supreme Court, which body on
Saturday last affirmed the decision of the
District Court
Thus ends a case which has created consider
able interest aud no little speculation In Eu-
reka and White Pine counties. inasmuch as
several of the bondsmen were citizens of town.
and the amount involved together with inter
est, amounted TO about $4,000 The sureties
upon the official bond in question, and the
amounts for which each surety was liable, was
a. follows: II. 8. Herrick, 5000; Charles
Karhstain. now deceased. $4,000; TREBLE Dou-
tire, 81 900; John Mollitor. $4,000; o. M. Con-
verse, $1,000; ID. strickland. $4,000; X Sadler,
$4,000; Thomas Freehill, $4,000; P. NJ. Eli
son, $4,000; +. A. McDermid, $4,000; George
ID. Freeland, $1,000.