Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1914-05-16
AFTERMATH OF COUNTY SEAT
REMOVAL.
District Court Occupied Two Days
With Old Injunction Suit.

Judge MORAN, OF WaShOe county,
held session of District Court in
Yerington on Monday and Tuesday of
this week to decide local case where
in Lyon county was a party and in
which Judge Langan preferred not to
act.
The case was originally entitled the
State of Nevada ex rel. upon the re-
lation) of G. E. Leavitt, complainant,
VS.. Chas. T. Martin, Byron Gates and
|. A. Strosnider, County Commission
crs, ID. w. Melarkey, Treasurer; Clark
Guild, Auditor, and F. II. King, re-
spondents.
Originally Huskey and Springer, at
torneys of Reno, appeared for the
complainant and Lyon county was de-
Tended by c. H. Miller, and Ayres &
Cook appeared for +. H. King. But
N. w. Willis now represents Lyon
county as District Attorney, and f. f.
Hull represents DR.. -Leavitt. c II.
Martin has departed this life and
Messrs. Gates, Strosnider and Me
larkey are out of Office in Lyon
county. NJ J. King, A. H. Barlow and
c. c. Turner have been substituted as
Commissioners and c. A. Mcleod as
Treasurer. F. II. King the contract
or, was represented later by Cheney,
Massey & Price, and Cole d. Har-
wood, and then by Cheney, Downer.
Price and Hawkins, and last by II.
Pilkington, in courtesy for the firm
retiring.
The case was heard at length and
ID. w. Melarkey, the former Treas
urer. testified as to the contents of
the Commissioners records and offer
ed the records in evidence. 1t was
admitted that DR.. Leavitt was, and is.
resident of Lyon county, that in
June, 1910, the Commissioners adver-
tised for bids for reconstructing the
Court House at Dayton, which had
been destroyed by fire. Then it ap
peared the Commissioners were en-
joined in August OF that year from
further proceedings.
On February 20, 1910, the Board of
County Commissioners met and can
vassed the petition for an election to
determine the location of the county
seat The Commissioners refused the
petition and let contract to +. II.
King to rebuild the Court House in
Dayton. 1t appeared that F. II. King
had presented bid for $l0,975, and
Clark & Shea. also Self & Selman
submitted higher bids. all accompan-
led by deposits, and Shupe, Lewis &
Co, of whom George Rammelkamp
was the company, had submitted bid
but had put up no deposit.
AT the meeting of the Board in Aug
ust, 1909, when the Board adjourned
for two hours to enable Rammelkamp
to put up his guarantee, attorneys
John F. Springer and II. Pilkington
walked from Mound House, their
automobile having broken down, and
served the injunction which prevented
the Commissioners from then letting
the contract which would have rebuilt
the Court House at Dayton. The STU
preme Court had issued the injunc
tion on the showing of Springer and
Pilkington. Then Clock & Shea, Self
& Selman. F. H. King and Shupe,
Lewis & CO. withdrew their bids and
deposits.
The Bord of Commissioners, how
ever, let the contract to f. II. King
in spite of his contract and deposit
having been withdrawn and without
readvertsing for new bids as required
by law. The Western Bridge and
Construction Co. also offered bid
and deposit and afterward withdrew
the same.
Judge Moran decided that the let
ting of the bid to King was without
authority of law and made the in
junction perpetual. Each party in'the
case is to pay his own costs.
1t is understood that F. II. King,
the contractor who was so anxious
to rebuild the Court House in Dayton,
by his attorney, F.. F.. Hull. will now
sue d. P. Randall, A. J. Lotus, Bert
Baroni and Byron Gates on the guar
anty which they gave him How he
will obtain any relief on guaranty
of something that was illegal remains
to be seen.