The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1920-09-03
WEBER AWARDED
WAGE JUDGMENT

An interesting lawsuit. IN Which was
involved the question of money due for
labor on the one side and damages tie
a truck by the piaintiff in the suit on
the other. was tried Tuesday after
noon before Justice of the Peace w. NJ.
Christian
J. l. Weber. who has been employed
by the Tungsten Comet Mining Com
pany. of which +. ID. Smiley is general
manager. for the last two months.
Though his attorney. A. l.. Scott.
brought suit against the mining COM
pany for wages alleged to be due in
the sum of Si24.3o. covering a period
up 70 about August IA. He also asked
for judgment for the So a day penalty
for sixteen days since August IA. dur
ing which time he waited for the hear
| ing of the case. and In addition to
which Weber also asked for the pay
ment of costs OF suit and a reasonable
attorneys fee.
Mr.. Smiley conceded that his COM
pany. was indebted to piaintin in the
sum mentioned for labor. but claimed
that he should not be held for the six
teen days penalty for the reason that
no demand had ever been made on him
by Weber for his money; he also
claimed that Weber had never beer
discharged by the company. neither
had he ever resigned from the emplo,
of the company. In this connection
however. Mr.. Weber testified that h,
had made demand for his money OIL
August IA. this evidence being sub
: stantiated by Tom McCormac. who wa
: later called to the witness stand.
Judge Christian decided the case 4
Accordance with his Interpretation o
: the Nevada labor laws and awarde
Z Weber judgment as requested. allo W
: Ing &25 As an attorney fee for M
n Scott. The latter had asked for $10
t.. fee, but told the court that II the cas-
was settled at once he would cut tn
fee In two, whereas If it was cor
y tinued or carried further he felt ent
"a tied to a fee OF 500. Luke ]. McNs
NEE. attorney for the Tungsten Conn
q company. here interposed with II
10 statement that he was getting q fee
10 only $25 for conducting the defen
and he did not feel that Mr.. Scott,
attorney for the plaintiff, was entitl
IN to any more. The question was final
'h settled when Justice Christian a
oy nounced that he would allow .judgme
for a s25 attorney fee.
Id Immediately after the entering
'i- judgmenta papers were filed In the I
* flee. or the county clerk in 8
against ]. L. Weber for the sum
$S367i for damages to Repub
10 truck belonging to the mining co
hs pany. which it was alleged was
me f,icted by Weber while he was on
joyride with LADY friend" on
of evening of July rs in the vicinity
RS. Panaca, in addition to which jut
at ment of $1,000 was asked as reco
pense to the company on account
having to close the mine due to
eN- lack of truck for the transportat
Tor Of necessary supplies.
uer Mr.. Weber succeeded in lodging
her aeforts 20 saryo the nana,s on =
however, by vanishing in the mo
wv tains adjacent to Phoebe, where he
,es- as far as is known. still biding
on time. At late hour Tuesday even
in Mr.. Smiley, who had conducted a m
IL or less thorough search for the miss
defendant in an attempt to serve
re papers. came upon him near the
ieS' smelter, and pointing rock at
'ne ordered him to halt and throw up
III hands. Weber. however, had eth,
use good pair of eyes or lots of nerve.
he broke and ran and succeeded
re- avoiding the service of the papers