Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-06-03


lowing letter to the county officials
whose names follow, in which he
gives the details of the transactions
of the sheriffs office as are laid out
by the statutes of this state. The
letter Is interesting, coming as il
does, at the time of the unexplained
absence of Sheriff j. J. Owens, and
we reproduce it in full:
Tonopah, New, June LIST, 1910.
To w. T. Cuddy, county commits
sioner; Cleve H. Baker, district
attorney; Puddy Grimes, county
auditor and Frank P. Mannix,
county treasurer:
Gentlemen: BY reason of the
unexplained absence of the sheriff,
Mr.. ]. ]. Owens, and the fact that
it is necessary for you to be in
formed as to the disposition of GER
tain funds of the sherrff's office, on
Tuesday, the 31st day of May, you
gentlemen called me up and re-
luested me to meet you at the Of
fee of the district attorney in the
State Bank building. l met with
you Immediately after your call at
about half past nine in the morn
ing.
You urged me to draw check
upon Mr.. Owens account in the
Nevada First National bank for the
full amount there in favor of the
treasurer of Nye county. While I
was then and am now DESTROYS as
any of you that this money should
be Immediately available to the
county, l considered the matter too
complex and my duty and author
ity too uncertain to permit me to
comply with your request without
fuller investigation and the as
sistance of legal advice. A con-
sideration of the conditions that ex-
list will make it apparent to YOU
that my hesitation was not only
perfectly natural, but justified.
At that time you requested me tc
answer two questions, namely:
First: AS chief deputy in Sher-
if Owens Office, what action will
I take in regard to the disposition
Of the moneys deposited by NJ
Owens in the Nevada First National
bank?
Second: What plan will I, as
chief deputy, adopt in the perform.
ance of the duties devolving upon
The sheriff during the sheriff's abb
sence or until his successor is
elected or appointed?
1t was understood at that time
hat l should have until the meet
ng of the board of county conf
nissioners on next Monday morn.
ng wherein to answer these ques
ions. / am fastening, however
answer these questions for the
purpose of accommodating you AMI
some extent dispelling public un,
ertainty as to my action with re-
ard to the matter.
The statutes of the state do not
equire that the sheriff shall keer
moneys collected for the county on
eposit in the name of the county
r in any trust fund for the benz
t of the county or at any particu'
lr safe or place. The. statutes az
arently permit the sheriff to use
he money so collected as he sees
t and to mix them with his own
lnds or TO do what he pleas IS
18th them so that ne pays tht
mount due the county at certain
eriods of time. In other words
he sheriff, instead OF holding til,
honey collected for the county
IMPLY owes the county and his OBJ
cation is settled by making the
ayments at the times required.
Mr.. Owens kept an account a
ne Nevada First National bank
herein he deposited not only he
tOnSy cOllcCSu do SuSi III VI ~
,unty but personal money earned
him from other sources and the
,es and salary that he earned al
leriff and assessor. As this
.erely personal account, my OF
as deputy sheriff, l am advised
ould give me no authority to draw
lecks on this fund or attempt t.
.stribute the money. But ever
had the power as deputy sher
/, to apportion and distribute thu
lnds on deposit in the bank,
,uld only accomplish it as to thos'
oneys / have collected and de
,sAed there personally since the
,parture of Mr.. Owens. MT
wens may have money in othe
inks of in safe deposit boxes o.
his possession sufficient to NEE