White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-03-18
EIGHTEEN FOR REMOVAL:
F|FTEENV0TE TO ACQU7

,,ict Judge c. j. McFadden from the
houch of the Ninth judicial district
,onrt. the resolution for his removal
f,iled to obtain the iwo-thirds vote
as required by the constitution. and
,be proceedings therefore failed.
The vote stood is for removal,
X against. not voting and mem
hers Of the assembly were absent
The case was watched with keen
interest and the gallery and hallway
u the assembly chamber was crowd.
"A with spectators all during he
trial
President Of the Senate Maurice J
Sullivan was complimented on all
sides upon the able manner in which
he presided over the hearing and
upon the absolute fairness with
which he treated all matters present
Cd to him.
One Of the outstanding features
was the able presentation of the case
BY Attorney General Diskin. His
fnal summing up was a master piece
o oratory, and while he was emi
pently fair in all matters he subject
cd the iurist to scathing arraign-
ment
The vote was as follows.
For removal. Dawson. HAYES.
Mrs. Hays. Houlahan. Hussman, Ju-
rich Keough. Laing. Long, Marsh,
Meyers. Patterson. Peterson. Robb.
Sites. Tandy. Whitesides. Yeager-
is
Agpinst removal; Addenbrooke.
Carpenter. Garayanta. Geraghty,
Miss Gosse, James. Kennedy. Love.
Mrs. Millar Murphy, Nelson. Swan.
son. MissTowle. Whiteley. whitmore
10
Not voting Henderson. Loek-
hart
Absent. Henrichs Martin.
Since the removal resolution orig
mated in the assembly IT was voted
upon there first and being killed 1t
did not go 10 the senate.
The first evidence submitted vas
of a documentary nature. Attorney
General Diekin submitted certain az.
adayIts filed by Judge McFadden as
required BY law before district
Judge can draw his salary These
we're made during the years 1918,
1919, 1920. 1921 and 1922. They
we're admitted without objection.
George + Armand was the first
witness called to the stand. lie pro
duced the court minute book and was
asked by the attorney general to refer
10 minute entry In the case OF the
state OF Nevada ex rel. l.. B. Fowler
against Hugh Wilson and others. and
under date OF June ! ? read:
At the conclusion of the argu-
ment the case is submitted to the
court and the matter is taken un-
der adyisement TO consider the au-
thoritIes submitted by counsel.
When he later presented the min.
uies to Judge MeFadden for his sig
nature the witness said the Judge
contended the order as written in the
book was not correct. as he had not
Intended that the cases be submitted
10 him as the order set forth. The
ludge did not sign that particular
entry In the court minute book, but
wrote al the base Of the entry the
word error. The witness then told
OF his having made n memorandum
IN his scratch minute book at the
Tine tht case was being heard In
open court and of his different con-
Versations with the Judge relative to
me entry, which Mr. Armand contend
"a correctly stated the proceedings
as he understood them. lie then
read the minute entries in the same
case under date of November Is, IL
which the court ordered that the r1at'
YER be submitted on briefs.
He was next asked to refer To the
order In which w. II. Fenable. an at
'orney nj law of Norfolk, Va. was
admitted tc practice I'm the Ninth ju- |
olelal district court under the order
OF Judge McFadden. and the clerk
read the entry from the court rec
ords
He was then requested to produce
'he grand jury report wherein refer
ehce was made to former county com |
missioners and the construction OF
an addition TO the county hospital,
ana the document was Immediately
produced. The motion to strike tho
report from the files was produced
ana the court orders In relation there
70 were read from the record in their
'equence by Mr.. Armand.
The commissioners minutes were
next called for by the attorney gen
''al and the witness produced them.
The moor hour having been reach
~ on motion of Mr.. Lockhart re-
cess was declared until 1880 p. M.
The members assembled in joint
VISION promptly at the appointed
.our following the noon recess and