The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-11-10
ORDER GRANTING ATTORNEY
MURPHY WRIT Of CERT|ORAR|
FROM THE SUPREME COUR.
HIGHER Tribunal REyEissEs DECISION
THE DISTRICT COURT AND ORDERS COUNTY
CLERK FURNISH CERTIFIED ALL INSTRUMENTS
THE CAsE-HEARING SCHEDULED FOR NOVEMBER 2s

Notification of ruling of the su-
preme court in the case of Attorney
Frank X. Murphy against the county
commissioners involving the contro-
versy arising from granting of con-
tract TO G. S. Hoag by the commits
sioners, authorizing Mr. Hoag To re-
index the county records in consid
Grafton of a stipulated amount for
each name, was filed in the district
court here yesterday
The decision reverses that of Judge
Brown at the recent special session
of the district court and grants to
Mr.. Murphy writ of certiorari, which
he has been seeking through process
of law since the contract was award
ed.
According to the ruling, the coun-
~ clerk will be compelled to forward
certified copies of all instruments in
troduced in the matter, including the
written objection made by Mr.. Mur-
ply to the commissioners. while the
contract was pending. to further pro-
ceed with the matter. until its valid
itv had been determined by the
court
Immediately following Judge
Browns decision in the matter. At
torney Murphy took steps to lay the
matter before the supreme court and
after due investigation. the ruling
was handed down by the supreme
tribunal Ii follows, in part:
"The state of Nevada TO the board
of county commissioners of the eoun-
ty of White Pine:
Whereas, 1t has appeared the said
supreme court by the affidavit of
Frank Y. Murphy. that before you,
or ma jorty of YOU composing at
the time. the board of county COM
missioners of the county of White
Pine, state of Nevada. such proceed
ings have been had that You, or
majority Of you. have irregularly
and without authority or jurisdiction
in the premises. did award to one G..
S. Hoag. a certain contract for pre-
pairing a complete set of indexes of
all the instruments filed or recorded.
in the recorders Office of your said
county. said work to be done by said
G. S. Hoag, in accordance with a Ger
tain advertisement published in the
Ely Mining EXpositor, and with the
resolution adopted by you under
date of July 80. and August 1, 1908.
and for the said work you, or ma
jority of YOU, composing said board.
undertook and agreed To pay TO said
G.. S. Hoag the sum of ten (10) cents
per name per instrument, over and
against the written objections of the
said Frank X. Murphy, filed with you
prior TO the awarding of said con-
tract, TO the damage of said Frank y.
Murphy, whom it appears from said
affidavit, was at the time, and still
is. resident and taxpayer of the
said county of White Pine, and as
such was. and is. benefeially interest
ed in the funds of said county, out
of which said money would be paid.
"The board has no legal right, nor
to award a contract in
which the county recorder was inter
ested TO the extent of receiving fees
or compensation. from the county
not provided for 10y law. There Is no
provision in our statutes which au-
thorizes any charge fog checking or
the work to be performed f
by said county recorder, under said
contract or otherwise.
"The board, or the majority there
of. exceeded its jurisdiction in award
ing a contract for the indexing of all
on file In the recorders
Office. whether or not the law pre-
vided for the recording Of said IN
struments; and when there is no pro
vision in the law for the indexing OF .
recording Of same. such as lis pen
dens copies of writs of attachments. f
copies of executions. and copies of /
certificates of sale. or the originals +
of any such instruments.
And the said supreme court being +
willing that your said proceedings in +
the premises, and appertaining /
thereto, should be certified and re-