The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1922-08-19
SENATOR BOYD HAS
SOME MORE To SAY
Candidate for Governor in OPP.
position to Scrusham Quotes
Law to Defend Stand

In his first public utterance on
the subject since attention was
directed to the arbitrary employment
of firm of attorneys to represent
him in his official capacity as state
engineer after the legislature voted
down an amendment providing for
such special aid, Col. James G.
Scrugham, in an interview published
in the Humboldt Star and reprinted
in the Nevada State Journal Aug
ust 16, attempting to justify his
action by reference to section 2
of the water law adopted in 1919.
This law, very obviously does not
authorize the employment of special
counsel to advise the state engineer
and Col. Scrugham of necessity
must have been SO informed during
the month of January, 1921, else
he would not have recommended
in his report to the governor at
that time specific legislation ito
permit the state engineer to employ
an attorney highly qualified on
water law to advise the engineer
upon the numerous technical legal
findings on water rights and to ap-
pear for him in the court pro-
ceeding which follow:
ask Col. Scrugham that if, as
he processes to believe now, he had
the authority under the section of
the water act of 1919 referred to
by him, to employ special coun-
sci, why he asked for specific
authority?
Col. Scrugham is quoted in the
Humboldt Stars interview, as re-
produced in the Journal, as follows:
The water law of the state sepci-
fically provides that the state en-
gineer may, upon the approval of
the board of examiners first had
and obtained, employ such other as
sistants at such salary or compen-
sation as may be necessary, and
such assistants shall, where prac-
ticable, be paid monthly as state
officers are paid, etc.
The law referred to by the state
engineer is to found on page 1877
of the status of 1919 and it reads
as follows:
"Section 2. The state engineer
shall perform such duties as are or
may be prescribed by law. He may
employ an assistant engineer at
salary of $4,000 per annum, pay
able in equal monthly installments
as state officers are paid. He may,
upon the approval of the board of
examiners first had and obtained,
employ such other assistants at
such salary or compensation as may
be necessary, and such assistants
shall, where practical, be paid
monthly as state officers are paid,
but otherwise they shall be paid by
the state treasurer on warrants
drawn by the state controller on
the certificate of the state engineer.
"The state engineer may pur-
chase such material and incur such
expenses for travelling and other
purposes as may be necessary for
the proper conduct and maintenance
of his department to be paid from
the moneys which may be appro-
priated for such purposes from time
to time as other claims are paid"
Very obviously this statute was
enacted for the purpose of en-
abling the state engineer to employ
such engineering or clerical as
sistance as the extigencies of his
official duties might demand. And
it is apparent on its face that Mr..
Scrugham knew that this act did
not provide him with authority
to employ special counsel or he
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