White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1922-07-16
HIGH COURT DECIDES
BURNS AGENCY SUIT

nous case of Burns International De-
tective Agency against George Doyle,
Ed Millard and 4. G.. Heir, affirming
the judgment rendered by Judge Ia
Dor in favor of the defendants
The history of this case Is one of
more than passing interest to the tax
payers of the county. especially when
viewed in connection with recent
events pertaining to grand jury in
vestigations.
In March, 1917, the grand jury of
White Pine county engaged the SER
vices of the Burns Detective Agency
to uncover alleged crimees in the
county; 1t does not appear why the
sheriff and other peace officers were
not sufficient to cope with crime in
the county. and 1t Is quite apparent
that. in this particular instance they
would have been, because not a sim
gle conviction was ever secured on
the cases investigated by the hired
"gnm-shoe men," Anyway. the agen-
cy sent in its detectives at the price
of 50 per day and expenses for each
man, and they ran up bill OF
$2.383.90, which was in due time
presented for payment. Judge Nc
Fadden thereupon made an order d.
bill out of the county treasury; but
Bath took some legal advice and re-
fused to pay the bill on the ground
that 1t was illegal and that the en-
ployment of detectives in this man.
ner was unauthorized by law, and
further that Judge McFadden had no
legal power to make such an order.
Baths attitude caused a commotion
in the courthouse and there was talk
of contempt proceedings against him,
but this made no change in his view
point, and no money was forthcom-
Ing.
The bill was then presented to the
commissioners for allowance, backed
up with the previous approval and
order of Judge McaFdden. Again IL
ran against a snag; Anthony Zurich
was on hand with series OF written
objections, which were read and
placed on file, In few days Zurich,
through his attorney. G.. +. Boreman,
fled an Injunction suit against the
board to prevent allowance OF the
bill; subsequently the board met and
rejected the bill, so that disposed OF
the Injunction.
The efforts to pry the money out
OF the treasurer aud commissioners
having been unsuccessful, another
tack was taken.
Judge McFadden personally pre-
sease.. seasea the the hill. hill to s,.eriff Da,s.~ s.1-
Lean and ordered him to pay the
amount out OF any county funds he
might have In his possession, such as
license money, etc.
But Sheriff Mclean also decided TO
get legal advice, and as a result he
/ likewise refused to obey the order.
Then the detective agency decided to
sue the grand jury committee, Doyle,
/ Millard and Hair, who had guaran-
teed the bill. The ssercy sse;;cy engaged
Attorney Foreman, who had previ-
ously blocked its plans with the In
junction suit mentioned, to file suit
against the committee, which he did,
although at the same time advising
the agency that IL was forlorn hope
in view of the adverse decision which
had been rendered against the ggen-
cy In a similar case which they had
In Minnesota. They insisted on MAX
ng a test case, however, and suit was
brought; Judge Tabor ruled in favor
of the defendants, saying that such
a bill or contract was contrary to
public policy and void. 1t being the
contention of the defendants. through
their attorney, Charles s. Chandler,
that 1t was illegal for any grand Jury.
or member of the grand jury, to per-
sonally finance criminal investiga-
tions by that body, "The finding of an
indictment calls for the judgment of
fair-minded, unprejudiced men. II
is against the general consensus of
opinion that ordinary men can act
fairly and impartially when ther
purse has been placed on one side of
the scale"
The supreme court now affirms the
judgment in favor of the defendants.
but as the text Of the decision has
not yet been received by the attor-
Ineys II Is impossible to give the lam
guage or reasons of the decision at
this tine.