The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1922-08-10
HEARINGS HELD BEFORE
REFEREE IN ESTATE CASE

HEARINGS HELD BEFORE
REFEREE IN ESTATE CASE
Hearings in the long pending ac-
tion for an accounting in the suit
of Mrs. Lulu Burch VS.. Frank Eaton
are being held in the law offices of
Campbell & Robins, the hearings
being before j. G. Moore, referee
in the matter. The suit is one in
which plaintiff is suing defendant
for alleged discrepancies in the
management of the affairs con-
nected with the estate of the de-
ceased husband Of plaintiff, he hav-
ing died in 1915. The estate is To-
Gated in the vicinity of Battle
Mountain and is valued at between
$4,000 and $4,000, and over
which estate Frank Eaton was act
ing as general agent following the
death of the owner. The case was
heard by Judge E. F. Lunsford of
Reno in this city about year ago,
Judge J. A. Callahan being dis
qualified, at which time the action
brought on certain charges was dis
missed, and Referee Moore was ap-
pointed. Morley Griswold of Elko
is acting as attorney for plaintiff
and Campbell & Robins represent
Eaton.
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irrigation. When the committe got
to work on the bill and threw Out
the new section (section ID and
the section was rejected both by the
committee and the assembly, so that
the legislature expressed its will by
refusing to grant to the state en-.
gineer the power to employ counsel
for his office.
"If they wanted the state en-.
gineer to have an attorney, Ger.
tainly the legislators had the power
to authorize him to employ one, but
the fact that the legislature re
jected it did not appear to make
any difference to the supreme
powers that be.
"The Journal article declared
and this is signifcant-that wher
Mr.. Thatcher was attorney genera
he looked after the affairs of hi
office and acted as attorney for tn,
state engineer, as was his duty
among other things, when the stat,
was paying him a salary for tn,
service.
"Mr. Fowler has had the sam,
machinery, the same working force
and he certainly could and shoul,
have written briefs, transacted tn
business and attended to the Law
cases for the state, irrespective O
whether the litigation affects tn
state engineers departmnt or an,
other department.
"The article further states: IT,
expedite the adjudication, the legis
lature in 1921, in addition t,
amending the act as required, ais,
appropriated $4,000 to cover "spe
cial adjudication expenses" and spe
cial Investigations The appropria
tion reads, "For special adjudica
tion expenses and for special in
vestigations ordered by the thirtietl
session of the legislature, $40, ,000.'
| "Would the authors of the arti
Gle tell US where in that law is t,
be found any language that au
thorizes an attorney to assist tn,
state engineer in investigations
and in 'adjudications?' If he wer,
to advise the state engineer, wa
not the office of attorney genera
still open to him?
Further, the article quotes: 'Th
employment extended not only t,
any service performed by Judg
Frank H. Norcross and George B
i, Thatcher, but by any and all mem
bers of their firm, and both in tn
amount saved to the state and i
the selection of counsel has justifie,
the wisdom of the state engineer
in addition to consummating an al
tentative plan suggested by mem
bers of the legislature when an ap
preparation of twice the amount ex
pended was requested for the pur
pose.'
"What member or members o
the legislature suggested the plal
of paying Mr.. Thatcher 5000
month? Would the author of tn
article please inform the taxpayer
and an inquiring public, who woul
really like to know the truth an
the inside of that statement?
JAMES T. BOYD"