Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1910-04-02
COUNTY SEAT CASE

The hearing for the making tenn
porary injunction permenent in the
case of G.. l.. Leavitt, reiator, against
she Board of County Commissioners,
the County Clerk, the County Auditor
and contractor King, was heard i'll Day
ton last Monday before Judge w H. "A.
pike
Testimony was taken in Dayton on
Monday aud argument concluded in
Reno on Tuesday. Judge Pike an
uounced that he would decide the mat
ter during the week.
Mr. Ayers appeared for contractor
King in courtesy to Cheney. Massey and
Price, George Green of Mack & Green
and c H. Miller, District Attorney. APP
peared tor the county officers and II.
w. Huskey appeared for Leagitt. re
lator, and the taxpayers Of the County
Mr. Green FIRST objected to the com
piant as not properly verified ana also
denied that the relator had any interest
that entitled him to an injunction
Both points passed by the Court at this
hearing.
The history OF the matter showed that
an injunction was served in the former
County Seat case on August 10, 1909
restraining the commissioners from
building. On February II, 1910. a new
petition was presented which was re-
fused by Commissioners Gates and Mar
tin of the Board on February 20.
The action OF the Board IN granting
the Mason Towusite three weeks to at
tack the original petition signed b,
seventy per cent OF the voters OF ia.
county aud then refusing any inYesti
cation OF the iraaduicutly pro ure
Withdrawals by turning everythiua
Nerington down as presented ano
playing the town lot graflers for al
they asked, vas not eousidercd al this
time
The injunction was sought on Ia,
ground that the letting OF contra,
Was Illegal aud iraudulen, for the reason
that all bids and monies guaranteeing
them had been withdrawn at the tims
or soon following the first iniucntion
The law requires a new advertising tor
thirty DAYS
Mr. Huskey read the complaint. Mr.
Green the answer. motion 10 strike ou'
aud demurrer and Mr. Ayers stood on
his own demurrer The court ordered
all submitted Mrs Ann Warren WAS
sworn as reporter. fees as per statute.
Mr. Melarkey. Clerk OF the Board Of
Commissioners. was first sworn as o
witness He testified that ON the 26,h
day OF February 1910, at the meeting OF
the Board. on which the petition was
refused the bid of King for rcconstruc'-
ing the Court House was called for, aud
he distinctly told the Board. NO bids
on file" He testified further that on
August 10. 1900 the bid of Self & Sell
man was withdrawn and also that Of the
Western Bridge Co ON September 7.
1910, at a regular meeting of the Board,
King withdrew his bid bv a written re-
quest aud took his bid and his 10 per
cent cash guaranty receipting in writ
ing for both.
The written withdrawal was then Of
fere'l in evidence Both withdrawal and
receipt for money returned were signed
hy King in the presence of the Board
0l King received his money there
King signed the Withdrawal and receipt
for the money seperately both on form
'ic'ate1 bv District Attorney Miller and
written by Melarkey.
c II Miller objected That the with
drawal was not official Overrulea.
All the bid Withdrawals, self & Sell
man, Western Bridge & Construction
Co, Clock & Shea and Shutes. Lewis &
Co.. were then offered in evidence and
the receipts for the certified checks or
cash guarantees delivered in connection
with Withdrawals were offered. Other
correspondence with bidders was also
offered and the withdrwa of Shutes &
Lewis on Feb, 20. hy their attorney. &.
+. Green was shown II further ap-
peared that on the reteudor of GER
uhed check bv Contractor Green on
February 70, for his guaranty Com.
missioner Strosnidcr refused to accel /
the same saving he bal ~ right TO 90
So and that there was ~ hid on file
Melarkey was clos.lv searched on
cross examination but slreurtl encd the
effect Of his formvr testimony