The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-10-05
CALL COUNSEL
FOR ADVICE
County Commissioners Employ
Walker & BOreman to Assist
District Attorney.
DELICATE POINTS BROUGHT UP
Thousands of Dollars Are Involved
In Complicated Legal
Questions.

With most serious problem con-
fronting them, a problem that calls
| into question the validity of large
part of the assessment rolls of the
| county, involving thousands of dol
lars in taxes which may or may not
be lost to the county treasury, and
with but little more than twenty
four hours to arrive at a legal de-
cision in the matter, the board of
| county commissioners yesterday
passed resolution by which Attor-
neys Walker & Boreman were en-
ployed as special counsel, to assist
District Attorney Clarence Il. Eddy
in the formulation and drafting of
an opinion to cover the legal points
involved.
District Attorney Eddy was pres
ent at the meeting of the commits
sioners yesterday morning, remain
ing during the greater part of the
session, but with the approaching
session of the district court close at
hand, found it necessary to devote
part of his time to the preparation
of papers which must be served at
the opening of that court.
At the close of the morning ses-
sion, adjournment was taken by the
board until o'clock yesterday aft
ernoon District Attorney Eddy says
lat he was at the court house at
that hour, but that the board had
already met and had adjourned after
passing the following resolution, en-
ploying Attorneys Walker G. Bore
man as associate counsel in the mat
ter of the opinions requested:
Whereas, the county commission
ers of White Pine county, sitting as
board of equalization, are in ur-
gent need of legal advice as such
board in the discharge of their duties
as such officers, and whereas, 1t Is
| impossi,'ie get ti,sl advice required
from tha dis Aet 'attorney, or any
satisfactory advice whatsoever:
BE it ordered on motion of A. l..
Parker, seconded by W. r. Bassett,
and unanimously carried that the
| firm of Walker & Boreman, attorneys
| be, and are hereby engaged as spe-
cial attorneys for White Pine county
to aid said board of county commits
sioners and board of equalization in
all such legal matters as may be
submitted to them, said attorneys to
be considered legal advisors until
| further order of the board"
The opinions required must be in
the hands of the commissioners be-
fore midnight tonight, and they must
have been acted upon by the board
| before that time.
1t was stated yesterday afternoon
| that the action of the commissioners
| in employing counsel to act with
District Attorney Eddy was in eff
| feet the discharge of that official. 1t
may be stated that the board of
county commissioners has not the
power and authority to discharge the
district attorney. This power and
authority rests with the district
court.
| "Any statement to the effect that
the board of county commissioners
had discharged District Attorney
Eddy is absolutely without founda-
ton said A. l.. Parker, chairman of
the board to The News last night
1.-The facts are simply these" con-
tinued Mr.. Parker, I'VE have legal
points come up at every meeting of
the board on which we wish advise
and as Mr.. Eddy could not be present
during all of the sessions of the
board we decided we would call in
additional counsel. We selected the
| firm of Walker & Boreman to give us
additional legal information and it
was stated and understood at the
time by the members of the board
as well as the attorneys engaged that
the addition to the legal department
was employed to assist the district
attorney The resolution as passed
by the board made no mention of the
fact that the services of the district
attorney were to be dispensed with.
On behalf of the board l wish to
bring this matter before the public
in it's proper light.
1t was also stated that in the res
olution adopted, clause was mad
vertantly omitted, which omission
cast an unintended criticism upon the
district attorney.
The clause which was omitted
should follow the words at the end
of the first paragraph of the resOlu-
ton, which should have been made to
read as follows:
1T is impossible to get the advice
required from the district attorney
!, or any satisfactory advice whatso-
ever, within the time required by
, law"