Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1900-09-14
WANTED IN COURT.
Treasurer Ryan and Controller
Davis Cited to Appear Be-
fore Justice Stones
Tribunal,


show cause why they should not be
punished for contempt OF court for
having disobeyed an order issued to
them on Sept Sd, to hold certain mon
les in the hands of the State due JOS
eph E. Muller, guard at the State
| Prison.
The proceedings grew out OF suit
| in Justice Stones court. brought by
| A. Z, Ziehem & Co.. Of San Francisco
against Joseph Muller for money due
for goods furnished said Muller. Judg-
! ment against Muller for $i3O was given
! in the court.
| Miss Georgia Johnson acted as attor-
ney for plaintiff, and she attached the
money coming to Muller for salary as
guard at the States Prison.
Miss johnson served. the necessary
/ papers on Controller Davis aud Treas
urer Ryan, and the money was with
held until the time cane for settling
with the States Prison authorities.
D Wis and Ryan We're then notified
by the defendant in the case that un
less they paid the money over they |
would be held foe it. The Controller,
however, declined to issue the warrant ,
until he had sought legal advice Of A.
.torrey General Jones, and received a I
written opinion that the Controller
Should issue his warrant to; Muller, as
thore we're no funds in his possession ,
belonging to Muller when the attach B..
merit was levied.
Mss johnson, when she asrertaiscd
that the money had been paid over to
the defendant, notified the Treasurer
and Controller that she wot.ld cite them
: for contempt of court for ignoring her
attachment.
Mr.. iKyan said that f any Young
lady had an attachment for him IN
Carson, he was glad to learn of it, bat
e Controller Davis, beng''a married man,
5 was in a dilema and said he would fall
back on the legal op Mon of the States
chief law officer and get what protec-
ton he could out of it.
At ? o'clock Justice Stone was on
: deck with a solemn mein. and the fair
4 attorney was there also with a cool
@ glitter in her eye which meant bust
n ness This was The first time the JUS
tee ever had a modern >Portia in his
court on such serious business as a con
y tempt case. He was arrayed in his
- best clothes and came into the temple
< of Justice with the fashionable silk
e.. tile which he wore 10 the Silver con-
e vrntion, and which only does service
= on state occasions. Treasurer Ryan
1t was arraved in his best and had on a
:" sG~piciously white tie Controller
Davis sat near his partner in guilt,
evidently with the fair practitioner,
but he carefully concealed his feelings
4 as far as his clothes were concerned
ne and appeared with an old ranch hat
d. which had seen better days.
RI Miss johnson, the attorney for tn
Us plaintiff, looked the ideal picture ci
'' Shakespeare's female practitioner in
Nv Sbylock. She was calm and dignitied
20 and set an example in proper dressing
ip which might be followed to advantage
by other mem bers of the Ormsby bar
Attorney General Jones was alst
= there, representing the culprits of tht
State, but his clothes We're about on
ms par with Davis and not WORTH any at
nd tention from the APPEAL
al i he Treasurer, Controller, Deputy
as Controller and Attorney General were
'h' all on the stand ia succession. The de
~ Tense Of the officers cited was that the
had acted on the written opinion O
the Attorney General, who appeare,
on behalf of the respondents
His contention was that the Stat
nv officers had nothing to attach on tn
aft ID Of September, when the paper
If We're served, as the biIl- allowed by th
~, State Board of Examiners did nc
af reach the Controllers office until TIL
following cay.
Miss johnson hcll that the Stat
owed The money as soon as the mont
4 of August had closed, and that tn
money was in the custody of the State
Also, that the officers, after being sery
ed with the writ, released the mone
a. their peril, notwithstanding tn
opinion OF the Attorney General, whic
she held did not bind the State officer:
II There We're several Interesting til,
between the opposing counsels whc
were quite interesting to the spect;
tors.
After the arguments the court decid
ed that the monoy was actually in tn
custody of the State when the writ wa
served. AMI that it was due Muller O
the lst when he had completed h
months work as guard at the Prison