Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1913-01-10
duly tried and completed.

et ~ 10 uCECuH
ordered. adjudged and decreed that
the compensation of B. F. Curler,
for the prosecution of said Ease he
and the same is hereby fixed and
allowed in the sun of Two
Thousand Dollars, the same to be
in full payment of his said services
in said cause.
And it is hereby further ordered
that the Auditor of Elko County.
Nevada, is hereby authorized and
directed to draw his warrant on
the Treasurer of said County of
Elko. State Of Nevada. in favor
and payable to b. F. Curler. for
the sum of $4,000, and the said
Treasurer of Elko County. Nevada,
is hereby authorized and directed
to pay the same.
Done at Chambers this 2nd day
of January, A. ID. 1912.
Mark X. Averill
Acting and presiding
District Judge.
Read that order carefully and
you will see that Jugde Curler was
appointed to assist the District
Attorney of Elko Nevada" an
officer that does not exist. and that
it is dated January 2, 1912. a year
before it was made by Judge
Averill. Yet upon this order. W.
Ii. Greenhouse The watch dog
of the county treasury" issued a
warrant upon the county treasury
for $4,000. Was our watch dog
asleep or was he doped with New
Year cheer? The date Of the
order January 2, 1912. is evidently
an error. II should he January 2,
1918, but Judge Avcrill was not in
ElkO on that day, having left for
Tonopah on the afternoon of JAN
uary LIST. Consequently he could
not have made and signed the order
on January 2nd. Does the above
disclose any tricks resorrcd to by
attorneys to get their hands in the
taxpayers pockets? Why was
every movement in this raid on the
treasury made in secret? Why
was cvery thing done in chambers?
If honest aud square. why were
not the various orders made in
open court and placed upon the
record? These questions our
readers must answer for them
selves.
We are advised by competent
attorneys that Judge Avcril had no
authority under the law to pay b.
F. Curlcr $1,000, or anv other sum,
out of the funds Of Elko county.
They base their judgments on
Section 1897 of the statute defn-
ing the duties Of district attorney
which is found on page 462 Of
volume ] of the revised laws.
That section reads as follows:
Court may appoint. when. If
he fails to attend any session If
the district rouTt. or for any
reason is disqualified from acting in
any matter coming before said
court. the court may appoint some
other person to perform the duties
Of "A district attorney. who shall
receive a reasonable compensation.
to be certified by the court and
paid out Of the county treasury. If
the district attorney shall wilfully
neglect to attend any session Of the
district court the amount So paid
shall be deducted by the board of
county commissioners from the
salary allowed to said district
attorney"
The provisions Of the above
section do not authorize the ap
pOintmcniof special counsel by the
court unless the district str, rncy
fails to perform his duties. This
was not the case in IN appoint
ment Of Judge Curlcr. District
Attorney Dysart was ready and
willing to perform his duties in the
prosecution of the PrImcauxs.
There is more Of n very inter
cstsng character about this looting
of the treasury b ut we will defer
il for a future article. 3D. 81