Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1900-03-15


as to what had occurred about six years
before in re,atiOn thereto, and the evil
dence on the part Of the plaintiff was to
the effect, that Il. X. Hymers, the Chair
man Of the Board Of County Commits
sioners Of Washoe County, requested or
directed 0. H. Perry, the County Clerk
Of that County, to notify tho Beard Of
County Commissioners of Eureka Coun-
ty, through their Clerk, of John Fitzger-
aid being an inmate Of the hospital Of
Washoe County, and to ask them what
disposition they wished made Of him.
(Hymer's testimony
O. H. Perry, the County Clerk of
Washoe County in 1892, in answer to
questions testified.
"Question: Did you have anything to
do in your official capacity as County
Clerk concerning tho said John Fitzger-
aid; yeu may state fully, Mr.. Perry,
what you did in your official capacity
relative to the said John Fitzgerald"
Answer: l notified the Board of
County Commissioners of Eureka Coun-
ty that he was hore in the county hospi-
tai in Washoe County and would be kept
at the expense of Eureka County and
for them to CONS and take him away i'm
mediately.'
"Qestion: How did you notify them?"
Answer: by the usual CLERK official
paper under SEAL
SO. To whom was the communication
you have referred to addressed?"
"a. l address ed the letter to the Board
of County Commissioners of Eureka
County, Nevada"
20. What is your best recollection as
to the words used 10y you in the ad
drees upon the envelupe?''
a, To the Clerk of The Board Of
County Commissioners of Eureka
County. Nevada
Witness testified, that he put the COM
munication in an envelope wsich was
stamped with I. 5. postage stamps of
proper amount and mailed il, and that
his authority for making out and send
ing the said notice was the request of the
Chairman Of the Board of Commissions
ers of Washee County.
VS.. Beard. who was the County Re-
corder and eX-officio Auditor of Eureka
NOudt III lo?-, " DIS CdlIGtl as d NllHcSs
for plaintiff and testified, that some time
after Fitzgerald left Eureka County. he
(witness received in his mali letter
from Washoe County officials, that it
was a demand. or notification, or some
thing of that kind, stating that John Fitz
gerald WAS in Reno: that he showed the
letter to Ferrar!es "a County Commiss-
SiA at I",f-al-a y at Il ~
business and took it upstairs and turned
it over to the Clerk or his deputy: thai
the envelope containing the letter wa:
addressed to the Recorder or Clerk: tha
it was more than likely that it was adj
dressed to the Recorder: that on the in
side of the letter 1t was addressed to tn,
, Board of County Commissioners, or tn
+ Clerk.
The above is the substance of the ties
, timony relating to said letter, or notice
- or communication given on the part @
the plaintiff. The testimony on the par
r. of the defendant was to the effect and
-. tends to show that no such notice. letter
y or communication was received by til
l Board OF County Commissioners of EU
, reka County. There is no evidence tina
p, said Board received any notice from til
= Board of County Commissioners {
: Washoe County that they had furniShe
O any relief to said pauper, until il
9 July, 1898. when they received bi
d.. from the plaintiff on which this suit WA
Il brought. That was nearly six year
r. after said pauper was admitted to tn
# Washoe County hospital and a few day
', after the expiration of the 2l32 days tn
- plaintiff had furnished relief to sal
~ pauper.
=, 1t is required by said section eigi
4 that the notice therein provided for sha
- be given "iinmediatt ly" upon the furI
# ishing of the temporary relief, that is a
r. soon as pract icable, or without unnecess
O. airy delay. When not so given count
ar furnishing relief to a pauper resident
IL another county, cannot recover of tn
& other county for any relief furnishe
"A prior to the giving sfthe required motto
r., 1t appears that all the relief furnishe
"a said pauper for which this action W.
al brought was SO furnished prior to IL
eff presentation of said bill to the Board
er County Commissioners of Eurel
County. If said bill was sufficient
I'd form and substance TO meet the requir
re ments of said section eight with respe
of to the written notice to be given, the d
tn lay in giving it rendered it worthless
s, AS to the letter, or notice. or commu
OF cation to which @. II. Perry testified, v
in fail to find any evidence tending to sho
" that it was written, given or commlli
Il. Gated by the Board of Commissioners.
by their authority, or that they acquir,
he any knowledge thereof until nearly s
ali years after the said County Clerk prepa
tie, ell and mailed the same. We fail to til
ed any evidence tending to show that sa
to letter, notice, or communication purpt
lat ted to be form, or by the authority of t
Board of County Commissioners
les Washoe County, but the evidence ten
re- to show that it appeared upon its IL
hit that it was from O. III. Parry, Coul
lief Clerk of Washoe County, and that