Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1902-04-23
Sarcastic chartz

ing Companv sued the ComStock Tun-
mel Company in the y. S. Circuit court
for S127 900 damages for violation OF
contract in refusing to permit the
mining company to work It's mines
through the tunnel. A great many
men have been kept out Of employ
ment since on account of the trouble
between the two companies. Frank
lin Leonard, superintendent of the
tunnel company, employed Alfred
Chartz of Carson, to defend the suit,
and subsequently employed Major
Huffaker to assist Mr.. Chartz. De-
murrers to complaint and to answer,
and motions to make more definite,
and to strike out were made and ar
gued. and every decision went against
Chartz, and finally the case got into
condition for setting day to try it. |
Last January Leonard discharged Mr.. |
ChartZ, without giving any reason for |
it. an,. ChartZ brought suit in Lyon |
County for 1896. for drawing con |
tracts, moneys advanced, and Tor ser |
vices in the suit as the leading az
torney IN the case. Leonard sent to
San Francisco for IN expert lawyer
who came up and presenting Chartz
his power Of attorney, authorizing
him to settle the Suit. Chartz gave
him the information he desired as 20
what he had done and as to the value
value of his services. and Immediately
thereafter he rendered ChartZ an in
significant sum tor about fifteen
months work, and Chartz ordered him
out Of his Office. The San Francisco
lawyer then appeared before Judge
Hawley on the 18th of April and ask
ed Judge Hawley for an order dis
charging Chartz, which was granted,
and then he asked that the Judge fix
his fee at something like 1888 for Is
months work, and the Judge suggest
ed that Chartz ought to know what
was going on in Court, and he granted
a rule that said Chartz appear before
him on the 21st day OF April and
show cause why the Court should not
set his fee for his services.
Chartz appeared, and delivered him
self about thus: IF your Honor
please | have brought suit in Lyon
County. where Mr.. Leonard has been
large employer of men for many
years and right in the bosom OF his
neighbors, friends and old employees.
and ! thought he would be pleased to
submit his controversy to them. But
it appears not and he has brought
this proceeding to have your Honor
settle my fee God forbid that my
conduct should ever be such that |
should fear to have your Honor, or
any Judge who knows NE, settle my
contentious. | believe your Honor is
pre-eminently qualified to pass upon
my fee. because you have heard ny
arguments, read my briefs. and Know
the work | have done, ant II counsei
on the ether side had given me notice
of their motion to discharge me
and asi;el to have my fee settled be
fore | was sHbstantituted by another
at.ornev yoIr Honor would have re
tanned jurisdiction over the subject
matter However, | hope your Honor
will see your way to act, and viii
waive eEery point in MY power &c
grant jurisdiction; | viii dismiss my
suit in Lyon county; | will do any
thing fair to bring this matter up be
fore your Homer | will be pleased &c
have your Honor subpoena such wit
nesses IS you want: will be pleased
to submit my record in the Supreme
Court ard the volume o. my business
| will be pleased to submit the acaGe
mic proiuc ion Of my friend from Sa;
Francisco. for refusing to file which
in the case OF the Occidental com
rany against the tunnel company,
am discharged, and | will be pleased
TO have a wide open door in the in
PRODUCTION OF testimony. ! turtle
urge that your Honor take jurisdiction
OF this case. because / vas discharE
ed for failing il the face OF strong OF
position. and DC not know what vii
become OF the attorneys on the othe
side il they fail with 10 oppositiol
ana both Sides pulling en- the sam
rope"
Major Hufaker then read a nur
Der Of cases trying to SHOW that III
Court had the right 10 fl The ZEE
but Judge fiawley held tnat they ha;
no application TO the present case
and that he lost Jurisdiction the me
nient Chartz was discharged. teniin
to show that the application had oee,
made before the discharge that II
woui3 have entertained tie question
and settled the Zee