The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1921-01-15

effort was made to secure film to
illustrate the talks, but whether 1t is
available or not has not been learned.
Fire Chief Gillian OF the local force
is especially desirous that the people
OF the city will hear these talks. hop
ing thus to instill a desire for CO.
operation on the part of residents.
Mrs. c. L. Hewitt left for McDermitt
this morning following brief visit
here with friends.
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tion of a public or private thorough
fare. for, as he explained, even the
sleeping rooms and dinner boxes are
public, but only in the sense that they
are paid for and the occupant must
have some specific purpose there be-
fore he may feel privileged to linger.
At Z o'clock Judge Richie first said
he did not believe the evidence was
sufficient for conviction. He said the
mere information one officer had that
liquor might be brought into the hall
way did not provide a specific duty.
He thought what had happened was
that Nelson merely desired to assert
his right to go through the hall. He
said that to convict it must be proven
that the officer was actually stopped
while serving warrant. While Davis
might be guilty of assault or disturb
ance of the peace. Ritchie said, he
could not find him guilty of inter-
fering with an officer in the discharge
Of his duty and therefore ordered dis
miasal. He. didn't mention whether
or not the hall is private or public
nor did he say whether the officers
have a right therein in future.
Now the question arises as to
whether Nelson and other officers can
go through the hall and what will
happen if they so attempt. The sup
position is that they can go through
in performance of duty. such as look
ing for some particular suspicious
character, but not in the general
course of duty. 1t is also supposed
the hall is public, else Richie would
have ruled that the officers needed
search warrant before entering. AT
any rate that is the theory evident
to this writer.
Mayor Brandon's Interpretation of
the decision, as given to a reporter
for The Silver State this morning. Is
that Judge Ritchie's decision holds
that the chief of police need not have
any warrant and need not have the
permission of any person conducting
public place before he is entitled to
inspect the public portions of the
premises. | understand the decision
to mean that the chief of police must
be in performance of some specific
duty of his Office before he can go
through such premises, and that the
court held that at the time the offense
was alleged to have been committed
that the chief of police was not in
the performance of any legal duty as
such officer, but was attempting to
assert general right to go through
the hallway involved in the evidence
So much interest is taken in this
case because it is the first clash In a
program Nelson has undertaken to
rid Winnemucca of an undesirable
element, and also to stop the sale OF
"moonshine," which. prior to his as
suming of duties the first of this year,
was being carried on openly. So far
large number of undesirables have
been ordered out of town on pain of
being arrested as vagrants with no
visible means of support. In most
cases they have left without argu-
ment. The sale of moonshine has at
least been carried on secretly.
1t must not be understood that The
Silver State means Davis is in any
way connected with this illicit traffic
but because he runs a public place
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