The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1910-01-22
CHARGES FILED
AGAINST NICHOLAS


been fled with Governor Dickerson, a
Tonopah special to the Reno Jorunal
has the following to say:
4 A sensation of the first magnitude
has been occasioned here by the news
that some of the most prominent resi-
| dents of Duckwater have filed a pro-
test with Governor Dickerson, charging
that State Engineer Frank r. Nicholas
has been guilty of favoritism in the ad-
ministration of his office. The serious
ness of the charge lies in the fact that
the functions of the state engineer are,
In many instances, quasi judicial
These charges derive added force from
the fact that among the accusers are
some of the oldest and most highly
respected residents of Duckwater
The protest was forwarded to Gov
ernor Dickerson at Carson about two
weeks ago and is now believed to be
on file with that official. The COM
plant covers several typewriter pages
and recalls the bitter litigation in the
early eighties when the residents of
Duckwater spent thousands of dollars
in determining as they thought the wa
l ter source of their district. The high
est courts then ruled that the Big
Warm Strings were the legal source of
the stream and ON this showing numer-
Gus ranchers were started, several sales
were made and for years this was the
accepted condition.
In September, 1906, Joe Tognini,
an old resident of Duckwater, filed ap-
plication for 500 inches of water from
Big Warm Springs, giving no heed to
the previous court decision.
The owners of land which would
suffer should the application be granted
filed protest. Henry Thurtell was
then state engineer. He refused to
grant the permit until he had made
a thorogugh investigation. He did not
have time to do this before being sue
ceeded by Nicholas. Before leaving of
1 fee he wrote on the application a warn
ing to thoroughly investigate before
granting it. Soon afterward, as was
brought out during the recent herring
of the suit here, Nicholas travelled to
Eureka, was met by Tognini and
driven to Duckwater where he did not
tell any one the nature of his mission.
He gave none of the protestants a
hearing, but left the following day for
Carson and Immediately granted the
permit Since then conditions at Duck
water have been completely upset, for
upon the water supply depends the
very existence of the ranches. The
permit was for 500 inches of water.
The parties affected brought the mat
ter into court and after a month of
litigation here the case was submitted
several weeks ago.
The protest against Nicholas now
sets forth that he demanded witness
fees from the protestants before agree
ing to go to Tonopah as witness; that
in this demand he was paid the sum of
about $71; that after accepting this
money he went to Tonopah and without
cost to the Tognini interests acted as
witness against the protestants. 1t
geologists in the employ of the state
engineers office was sent to Duck
water previous to the hearing of the
suit for the purpose of fortifying him
self, not to render an impartial state
ment but to sustain his right to issu-
ing the permit regardless of equity. 1t
developed during the hearing of suit
that this geologist was sent into the
Duckwater country on this special
mission one year after Engineer Mich
olas had granted the Tognini permit,
and to bolster the Tognini side of the
controversy.
Realizing the immense power pos
sessed by the state engineer for good
or evil in matters of this kind, the
petitioners ask for thorough invessi-
cation, not only that their own inter
ests may be protected but that others
in Nevada may be assured of justice.
The protesting petition is signed by
such well known pioneers of the Duck
water country as Mrs. Bertha Rich,
Louise Irwin, Imogene Irwin, w. f.
Mendes, Charlie Defon, Paul Irwin and
Ralph Irwin.
| The charges are of such a startling
nature that it is not believed they can
be overlooked. They will probably re-
suit in a thorough investigation ON
the part of Governor Dickerson.