White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1912-04-21
GRAND JURY IS
RESPONSIBLE
FOR ACTION
DISTRICT ATTORNEY CRITICIZED
GENERAL IMPRESSION Is THAT
GRAND JURY ACTED WISELY
IN ITS DESIRE TO HAVE SUIT
STARTED TO RECOVER MONEY

The findings of the present grand
jury, as contained in the supplemental
report. which was filed Thursday ad-
dressed TO Hon. Ben. w. Coleman,
judge of the Ninth Judicial District
Court. and which is published here
with. Will be found of interest TO the
citizens of White Pine county.
In view of the dilatory tactics of
the district attorney in the matter
of bringing action against the bonds
men of former sheriff. A. j. Butler,
the body recommends that the board
of county commissioners employ
special counsel to prosecute the case
The correspondence between the
board and the district attorney rela-
tive to the matter is made public. and
is presumed to be the basis of the
recommendation.
Reference to the letter of the dis
trict attorney which was written in
answer to the inquiries OF the board
"" sltstantiate the statement that
TIE eopeAf- are such as will lead the
fverag reader tu reach the conclu-
go at the attitude of the district
attorney IN the matter is one of
.bsolafe indifferi ice so far as the in
terests OF III tas payers are concern
ed. 1t is almost year since the ex-
sheriff left for parts unknown and as
yet no steps have been taken. 50 far
as the public Is aware. to recover one
penny on the bond.
As Is we'll known the board of
county commissioners have super
yisory power over all county officials.
They not only have the right but 1t
is made a part of their duty to keep
in touch with all branches OF the
county government and to make such
suggestions as they may deem ex-
pedient. especially in matters where
they are more or less directly
responsible to the people for the
enforcement of the law. Yet In this
instance an inquiry as to the status
of the bond case brings forth the
statement from Mr.. McFadden that
suit will be commenced when he
sees his way clear to do so. and that
the board has no right to direct him
in matters that are purely within the
duties of his Office.
As the district attorney views it
no one In the county has anything to
say about the bond case except Nc
Fadden, And SO nothing has been
done. A year has passed since Butler
disappeared and the way is not yet
clear. He said four months ago that
the case was under his supervision
Is II still there?
Section 1898 of the Revised Laws
of Nevada reads. The district at-
torney shall draw all indictments.
when required by the grand jury;
shall defend all suits brought against
his county shall prosecute all recog-
nizances forfeited in the district
court. and all actions for recovery
of debts, fines, penalties, and forfei-
tures aecruing tn his county; and he
shall also perform such other duties
as may be required of him by law.
Has the above section been com
piled with and If not. why not? A
special audit of the books of the
county was made shortly after the
disappearance of Butler in order that
the amount of the shortage could be
ascertained and thus enable the dis
trict attorney TO begin suit at once.
That the report was satisfactory and
the figures submitted were correct is
evidenced by the fact that Mr. Me-
Fadden gave the bill filed by the au-
aditors for The work his approval.
Viewing the case from all stand
points IL Is the general belief the
Continued on page five,)