Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1894-11-01
TIE ATTACK ON MACK.
COMPLETE REPUTATION
OF THETRIBUNE'S AR.
TIClE OF LAST
EVENING.
Mr.. Mack Makes a Clear and
Explicit Statement of the
Facts in the Case.

tanned a three column article rela-
tive to Mr.. Chas. Mack, candidate
for Judge Of the First Judicial
district Mr. Mack merely smiled
when he read the Tribune story
and said that it would be a very
heavy article if the body OF i jas
titled the sensational headings.
In regard to this matter" con-
tiuued Mr.. Mack, 1.-The explanation
is a very simple one. In this case
J. Nj. Douglas and the Goodman
Mining Company were plaintiffs,
represented by f. NJ. Huffaker,
ESQ.,. and J. l.. Wines, Esq, and
the defendants were the Contact,
Atlantic Consolidated, Annie, Red
Jacket, South End and the Gin
ton Mining Claims, represented
by w. f. F. Deal, Esq, and the
referees were Judge E. Strother,
Chairman, General r. p. Heating
and myself.
During the investigation Of this
matter by the referees, which
lasted nearly two months, W. A.
Brown, lessee Of the South End
Mining Company, one Of the de-
PENDANTS in this case, brought a
a replevin suit against the Red
Jacket, another Of the defendants,
and Mr. A. J. Taylor, 10 determine
the ownership of quantity Of ore
extracted on or near the adjoining
end lines Of the Sonth End and
Red Jacket claims, the ore at that
time being in possession of the
defendant, Mr.. A. j. Taylor,
Neither Of the plaintiffs had any
interest whatever in the contro-
yersy between the two defendants.
The Red Jacket Company, il 1 re-
member correctly, telegraphed to
me to defend it, and A. J. Taylor
in the Brown suit, and F. NJ. HUFF
faker, Esq, attorney for j. M.
Douglass, was the attorney for
Brown, the lesses Of the South
End Company.
1 informed the other referees
and the attorneys in the same
case, Of my employment, and on
the day Of the trial Of the Silver
City case in the latter part OF
March, the Douglass case was
postponed from eleven o'clock A..
M. until four o'clock p. NJ. to ena-
BILE Major Huffaker and myself to
go to Silver City, and try the
Brown Red Jacket case before
Justice Blackburn. Major Huffa-
ker and myself hired a buggy
rode to Silver City together, tried
the case and then returned to Vir-
ginia City together. 1t never oc-
cnrred to my mind but what l had
perfect right to defend the Red
Jacket in the suit brought by Mr..
w. Fl. Brown, or that it would in
any way interfere with my acting
"a referee in the Douglass suit,
nor was it ever suggested to me
by any one Of the attorneys in the
case or by either of the other ref
erees. In fact so far as know, it
was not thought Of by any Of them
at that time, and had it occurred
to my mind, or had it been sug-
gested 1 would have Withdrawn
Immediately from the Douglass
case and refused to act further as
referee. The question never en-
tered my mind until it was
brought to my attention in June
I think, by Major Huffaker, after
the report of the referees was filed
and the question raised in Judge
Hawley's court. 1t is said that af-
ter having practiced law for the
past thirteen years, l should not
have made this error, if error it
was In this here may possibly
be some ground for criticism, but
even Courts as we'll as attorneys
make mistakes; none are infalli-
BILE. For instance in the Regent
case, Judge Rising, after having
the question of the constitutional
ity of the law making the Cover
nor and Attorney General ex-of-
ficio Regents, under advisement
over two months, held the law to
be constitutional, but the Supreme
Court overruled his decision and
held his ruling to be an error.
Now in this matter my political
opponents in their desperatio to
defeat my candidacy for District
Judge, claim that / should no.
have made mistake, if such il
was, in a matter that did not oc-