The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-11-21

OF MURPHY
Continued from Page One1

/ illu the iapdtu fAtiAAef IT. jun -
, functions
? Were the proceedings taken by the
! Board in the nature Of an action
Lei rs see
The said Defendant, the Board OF
County Commissioners, above mem
| toned. heretofore. to=wit: on the
30th day of July 1908. filed its com
plant Resolution and ordered a
summons Notice TO biddersl 10 be
issued thereon.
That thereafter to-wit: on The
9th day of August 1908. the said
Defendant Board @ county Conn
missioners. amended their said COM
plant Resolution of July goth, on
the ground that the Court Board
Of County Commissioners had no
jurisdiction in the matter. as appear
ed on the face OF the said Complaint.
tResolntion1 in this. that the time
set for the completion of the Con-
tract did not expire during the term
of Office of any member of said
Board.
That thereafter towit on the -.
day of $3.50 1905, a summons No
tice 70 Bidders) was issued upon
said amended Complaint. and served
by publication in the Ely Daily Min
ing Expositor. on The Defendant. G..
S. Hoag. and also on one Lindsey
and IL. V Nleloy.
That thereafter towit: on the. -.
day of -. 1908. the time at which
said summons was made returnahle.
the parties Hoag. Lindsey and Me-
10y, appeared in Court The Commits
sioners in Session.. and at that
time and place. the Relator Frank
X Murphy also appeared and asked
said Court Board of County Com
missionersl for permission 70 flesh
Petition in Intervention.
The said request OF said Inter-
yenor, Murphy. was denied by the
Court. To which ruling of the Court.
the said Murphy. duly excepted and
filed his written objection with the
clerk of said Court. which objections
were overrnled. And the said Court,
sitting without a jury. thereupon
proceeded 10 try the case. Award
the Contract
Whereupon documeutarY evidence
was introduced on the part of said
Lindsey and Meloy Their Bid. (
and evidence both documentary and
oral was submitted on behalf OF said
G. S. Hoag.
The evidence having been intro F.
duced. the cause Matter of award
ing the Contract was submitted 10 I
the Court tBoard OF County Com (
missioners1 for its decision and /
judgment
Nhereupon by reason Of the law
as laid down in the gospel That
charity begins at home and by rea- |
son of the fact that the said County |
Recorder. Son OF Commissioner Me |
knight. was TO get one-half of the |
money for one-fiftieth of the work. !
il was ordered. Adiudged and De-
creed. that the said G.. S. H0ag was |
the lowest and best bidder. and that I
the Contract be. and thereby was. /
awarded TO him. on his filing Bond /
in the sum of One Thousand Dollars /
for the accurate performance OF the /
Contract. The Contract To be COM |
pleted not later than p hours after
the expiration of the term of Office |
of each of The said County Commits |
sioners. and the work 10 be checked |
and approved by Nm. Mcknight. |
and the bill for the work TO be aud
tied and allowed by the same VIM. {
Mcknight. and half of the amount
due upon said bill for said work 50
checked. approved. audited. and al
lowed by said VIM Mcknight. Son
OF Ira J. Mcknight. TO be paid 10 the
said VIM. Mcknight. All this was
intended TO be done in time for said
Board of County Commissioners 10
pass upon. and allow. the said claim
against the County.
Could anything. but modesty. pre-
vent one from saying that such pro-
ceedings were not OF judicial ma
ture? / must admit that the Relator
herein parted company with the KIND
of modesty referred 10 in the dnes-
ton. as soon as he read the minutes
of said Board with reference to the
matter OF said Contract.
The furthest ! can go, in behalf OF
the Respondents. is TO say that the
function exercised by the Board In
this matter was. at least. qnasi-Jndi-
cial and that is sufficient TO set
aside their action provided il was
exceeded. and. ! submit that 1t was.
That a Board of County Commits
sioners can exercise only special and
limited jurisdiction is an old, old
story. and true one.
That they must act strictly within
the power given them by Statute,
needs no citation of authorities.
What Statute giveth them the
power to find as a fact, That the
Indexes 10 the records of various in
struments ON file. and of record In
the Office OF the County Recorder Of
Said County are in such a condition
that in many eases It Is exceedingly
difficult 10 ascertain the true state
Of the title 70 property located in
said County ! know of no such
Statute.
See Page ? Appn for Wrif lines
1922 and line 81.
What r. an index 10 an instrument
on file. but not recorded, showing the
book and page OF record?
See page Of Appln. for Writ, the
lines 17-1S and 10
Such an Index cannot be made
On what evidence did the Board
of Cautuv Taua feefauara find thai