Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1910-03-11

Last Tuesday Governor DickerSOn
used the axe on State Engineer
Nicholas. According to the Gazette of
the end, the governor called Mr..
Nicholas into his Office and read the
following letter TO him:
March /, 1910.
"Mr. Frank +. Nicholas,
State Engineer,
Carson City, New.
Dear Sir:-Something over a month
ago l called your attention TO the fact
that a protest had been filed in this
Office against your action in working in
the interest Of one of the litigants as
against the other litigants in the case
of Joseph C. Tognoni vs.. Louisa Irwin
ct al. and requested You to produce such
proofs AS you may possess tending 10
controvert the statements set forth in
that protest, which was shown you at
the time of u conversation. This, !
find, you have failed TO do with the
exception OF furnishing this Office with
the opening brief of the plaintiff which
is no proof ut all. In view of the fact
that you granted a permit to water,
the title of which was held under a su-
preme court decision, upon an ~investi.
CATION made in one day and without
giving the protestants against such per
nit an opportunity TO be heard, and the
further fact that something over a year
after the permit had been granted you
sent your assistant into the Duckwater
country to make an examination OF the
geological conditions Of the country for
the purpose of having you assistant
appear as "A witness in the case just
mentioned and that during the trial Of
the cause i'll the fifth judicial district
court in and for Nyo county you assum-
ed al attitude of extreme ~partisanship,
[ deem it incumbent upon me TO take
action in the matter.
1T also appears that you charged the
defendants in the above entitled action
witness fees to the amount of 1880
and, having occasion to return to Carson
City after you had been dismissed as a
witness by the defendants, you collected
travelling expenses from the state while
returning to Tonopah to testify as q
witness for the plaintiff.
THE state engineer has no more right
to employ his Office force or to exert
any influence in uphOlding u decision
made by him than has the district court
to uphold its decision when the same is
pending in n higher tribunal, and when
such course is pursued it must newt
ably initiate against the hest interests
T Of the state
For the reasons above given, | am
convinced that your usefulness rs a
state officer has come 20 an end. and |
, am prepared to receive your resignation
today as state engineer of the state Of
Nevada.
, Very truly your,
30. s. DICKERSoN.
Lieutenant and Acting Governor"
The cause of the governors action is
stated in his letter and Mr.. Nicholas in
an interview published in last Wcdncs.
days Gazette gives his side of the con.
troyersy as follows;
This hardly came as y surprise To
. me. | have been conscious for some
time that Dickerson and his machine
was trying to discredit me before the
: people. They had heard that my
friends were anxious that | should be a
candidate for the democratic nomination
for governor against Dickcrson. and
fearing that ] was gaining strength
{ through my travels through the state
In the discharge Of my duty they cyi-
IDENTIFY decided to take summary means
to cmove me.
"rhe first public unfolding Of the
plot was a few weeks ago when the
Duckwater charges wcro filed against
5 me, and at the same time a long article
!, relative thereto. trying to put mo in a
|, bad light. was published in a Reno
paper that is hand in glove witt Dick.
erson. ] vas told ut that tin that I
would bc given every opportunity TO
refuto the charges. and I accordingly
declined then to make any public state.
mcnt, knew that | had been faithful
to the obligations Of my Office. and |
never for one minute thought that
Governor Dickerson would attempt TO
remove inc without giving me 4 chance
to defend myself
Il returned from the southern part
OF the state last Friday night, where