davidaulloa/AmericanStories huggingface dataset:
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08
SUPREME COURT REVERSES
MCFADDEN ~ REWARD SUIT

striking the complaint in interyen-
tion and refusing to permit the films
of an amended complaint the appeal
was taken.
Rutherford's contention that the
appellant Nicholson had no irteres.
in the subject matter of the suit
after the money had been paid into
court and the company discharged
from liability the supreme court
holds to be net impressive. The
company's affidavit admitted title to
the reward in some of the named
claimants as against the company,
but 1T surely does not operate to
diyest the title of me not party to
the proceedings. saws the higher
court. Judgments at law or DEGREES
In equity cannot affect the rights OF
third parties not before the court.
The court having assumed jurisdie-
tion on equitable grounds, is not
without power to bring in other par
ties having an interest in the sub
jeet matter.
The supreme court holds that
Nleholson's complaint In interyen-
tion shows that he has an interest in
the matter at issue and orders the
lower court 10 reinstate him IS an
intervenor I'm the suit, which is vet
pending.
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08
UTAH WANTS PONY EXPRESS RIDER
TOCOBY WAY OF WENDOVER ROUTE

1t would save at least twenty miles
under the Overland canyon route,
this being possible by horseback
and at this time it is used by the
team that carries the mail TO tho
postofiiee at Parker, New.
The Overland trail went north
west from Callao up Overland can
yon TO the summit above Gold Hill,
Utah. thence southerly by way of
Deep creek, following practically
the route of the Lincoln highway to
Tippett's and Schellbourne.
The Overland telegraph line.
the one over which the constitution
of Nevada was transmitted by wire
in order for the state to pe admit
ted in time to vote upon the rau-
fication of the fourteenth amend
ment to the federal constitution
abolishing slavery, without the vote
of which state the amendment
could not have been adopted at the
time. under President Lincoln
followed the trail up through Over
land canyon. as elsewhere. a stump
of one OF. the poles protrudes some
four inches above the ground there
yet and may be seen by the road
side in passing by automobile from
Callao to Gold Hill.
II Governor Mabey and the Salt
Lake bunch could have their way.
which they cannot. the pony ex-
press riders this summer will cross
the lake between the western shore
OF Great Salt lake and Wendover
in order to establish the route at
place where II never went, for the
fairly good reason that 1t could not,
and which IL never can for the
$4,000 that Salt Lake is raising.
or for less than six times that sum
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08
CHERRY CREEKS STAR MINE AND
MILL TO RUN BY FORMER LEASERS

THE STAR MINE at Cherry Creek
i has been leased to the same peo-
pie who had it under lease and op-
Grated 1t up until a short time after
the Ely shutdown, the leasers being
the p. Spaulding Syndicate.
The mine is owned by an English
company. of which F. W. Fletcher
for years has been the resident agent.
Mr. Fletcher's father is a leading fac
tor In the company. Particulars of
the program of the leasers are not
known to tho local management, the
assumption being that operations
will be on similar lines to the previ-
GUS ones. which were important.
The use of the mill is included.
which was kept running under the
old lease, and IL shipments were
made they were mostly of concen-
trates.
During the old days and all the
years Of the life of Cherry Creek the
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08

- OVERNOR MABEY Of Utah got
~ little balled up or his wires
were crossed the other day when
he appealed through the newspa-
pers for haste in completion of tho
Wendoyer highway in order TO use
1t for the pony express celebration
TO be held this summer.
The announcement recently made
of the pony express celebration car
ries with IT the condition that when
the rider leaves the Missouri river
he is to follow the old dim trails
that were followed nearly sixty
years ago. Tho Wendover trail
does not happen to be one of them.
for there is no such trail.
In the main the pony express
riders followed the overland wagon
trail Leaving Salt Lake. the point
where they entered Skull valley Is
unknown here, whether around by
Grantsville. across Fisher pass or
over Lookout. The chances are
they came by Lookout Anyhow.
they came by Dugway mountain to
Fish springs and TO Cailao or close
to It People living out there now
claim that the stages and wagons
came across from Fish springs TO
Callao but that the pony express
came south on the east side OF
Snake valley by way of the settle
ment now known as Trout Creek
thence through Pleasant valley to
Tippett's. Schellbourne, Cherry
Creek and on west by way of Egan
canyon.
II stands to reason that the
Pleasant valley trail was followed.
as by crossing a low divide into
this valley from south OF Wood
canyon. NJ the end of Signal peak
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08
NOTICE OF
DAILY TRAIN SERVICE

Official notice of the reestablish-
ment OF the daily train service be.
tween Ely and Cobre was given out
Thursday by the Nevada Northern
railway management, as follows:
Effective April 22, 1929, Nevada
Northern passenger trains Nos. 2
and will be operated between Ely
and Cobre daily except Sunday on
the following schedule:
Train No. 3, northbound-Leave
Ely $40 a. m, arrive Shafter
10:40 a. m. arrive Cobre 1920
a. m.
Train No. 4, southbound--Leave
Cobre 1885 p. M, arrive Shaftef
1:25 p m. arrive Ely 5:55 p. m.
Train No. will not wait for
connections reaching Cobre later
than 1:45 p. m.
The notice was signed by II. b
Tooker. traffic manager of San Fran
cisco, and issued by H. r. Amens.
assistant general passenger agent of
East Ely.
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08
LEON BUCKLEY DIES AFTER
AlMPUTA1ION LEGS AND ARM-

I EON A. BUCKLEY, formerly OF
Il Ely, died last Monday after hav-
ing both legs and one arm amputat-.
ed on account of these members be-
ing burned to crisp when he was-
electrocuted by a $1,000 volt wire
at Glendale, Cal, two weeks before.
The amputation was STAYED off dur
ing that time in the small hope that
a means might be found by which
his life could be saved, but finally
gangrene set in and the amputations
had to be made.
Buckley while working for the
Ely Light ana Power Company mar.
ried a sister of J. w. and p. r. Ma
honey and the couple have an infant
son about a year old He was
member of the Veterans of Foreign
Wars and made three trips during
the late war to France. He was an
instructor in the use of telephones
at the front After serving In that
capacity on his first trip he was sent
back 10 America tc instruct a new
division and was kept actively at
this duty until the armistice.
When he was electrocuted he was
about thirty feet above. ground re-
pairing a wire and the shock caused
him to lose his hold and fall to the
earth.
P. r. Mahoney was there at the
time of Buckley's accident and death
and news of his passing away was
sent to tho Ely brother by letter, as
the gangrene affection prevented
holding the body more than a day
for burial
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08
ZURICH DEN0UNCESC
CHAMBER0F FC0MMERCEATM MEETING.

1.4E PERIODICAL clash between
Anthony ZURICH and the Ely
cbamber of Commerce on the train
service question, which was given 4
nriyate rehearsal Wednesday night,
would have been tame and prosalc
indeed had not he used the phrase
eon bended knee in recounting the
manner in which the company had
been approached by the committee
10 negotiate for a compromise. This
nhrase affected Vail NJ Pittman in a
manner to give a few of the isolated
citizens of Ely a closeup on what
The San Francisco Examiner meant
when It said. He has the great fault
of losing his temper when under
stress.
II was not a private rehearsal in
the sense that the public was ex.
elnded. for all would have been moro
han welcome and no doubt would
have taken advantage of IL en- masse
had they known that Mr.. Jurich was
going 10 be there and offer somo
anIet remarks upon his fayorite
epic m fact, only eight persons
we're there, seven being a bare quo
run, with a solitary spectator. Tie
meeting had been called TO talk tree,
for the city camp ground and for
cutie a while IL looked like there
might not be n quorum, during which
time Secretary +. f. Brimmer tele-
phoned for Fred T. West and was
about TO ring for James NJ. Lockhart
and Arthur Smith. when some wag
remarked what a Joke 1t would be II
Mr. Jurich would show up, and 10
and behold. there was Mad Anthony
in the flesh.
The camp ground tree planting
project went off like an annual
strawberry festival. Even George
Doyle almost took second money In
enthusiasm over the chambers patri
oilc plans, and In laying wreaths
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08

hauled some distance for a part of II.
but the trucks will be loaded by the
big shovel and 1t will not be diff
ficult problem. 1t is planned to have
a camp for the men at Comins lake.
rather than transport them from
town to the scene of their work.
Commissioner J. J. Gubler was au.
thorized to start the Lund work, bur
the question remains to De solved of
how much work can be done there
with the funds available. This road
Is bad one and has been nothing
else within memory of the oldest
inhabitant. 1t is material that gets
cut up in dry weather and is subject
to dust and ruts, and in wet weather
it is sticky and as mean an alI-round
proposition to be called q road as is
to be found out of doors. Recently
it was graded and raised above the
level of the adjacent flat, but that
has failed as complete remedy and
now comes as the only feasible plan,
which is to gravel its surface. This
Mr.. Gubler will proceed to do and
will spread the gravel out as far as
money in hand will permit. He says
the gravel will not have to be hauled
far.
The board is debating the question
of shipping in carload of iron cul-
vert from the coast. 1t is feared
that the cost may be greater and
possibly the quantity larger than
may be needed now, but the freight
Continued on Page Two.)
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08
COMMISSIONERS WILL START ROAD
WORK At THREE PLACES IN COUNTY

THREE SECTIONS of the county
roads, which have been the
cause of much grief off and on for
years, are TO be repaired as soon as
practicable by the county commits
sioners. One is Avenue G, in East
Ely, leading from the lumber yard
east. Another Is a four-mile section
of grayeling on the road between
Ely and Connor's pass, and the third
and perhaps the worst of all is a
four-mile stretch between Preston
and Lund.
The East Ely road is sc rough that
1t is considered dangerous to auto
mobiles, and especially so to a large
bus full of people. Its condition be-
came the most noticeable on the day
of the McGill funeral, when the cars
were in long line and running close
behind each other, without much
chance upon the part of the drivers
TO avoid the hummocks and chucks.
The worst Of these are in the Ely
city limits, but 1t is understood that
the county will not be grouchy as to
where the line is in helping to
smooth them down. The Davidson
bus management filed a request with
the board that this road be dragged, :.
which request met with approval.
The Connor's pass road has been
in process of construction for years
and came as an inheritance from
former board or two. The four-mile
section to be closed soon will COM
plete it. The gravel will have to be
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08
Ruth Liquor Seller
Takes Clothes as Pay

Jim Papathan of Ruth was gath.
cred in yesterday by Deputy Sheriff,
Bill Fuller for selling moonshine
whisky. He had made the sale to
Ed Gum and taken in payment :
Gums shoes, overcoat. underwear,
eyeglasses and pocket knife. This
property and quantity of the liquor
were taken. Papathan was jailed In
Ely.
Gum was quite drunk at last ac-
counts.
District Attorney Edwards assist.
ed the deputy in making the raid.
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08
Doctors Not Asking
for Liquor Permits

No application has been made
from this district for a physicians
permit to issue liquor prescriptions
under the Whiteley law. Unless
such permit is granted prescriptions
cannot be issued here.
Denver S. Diekerson is at Carson
and busily engaged in lining up his
new duties of commissioner under
the pharmacy act, having supervis-
ion of these permits. He will not
be able to start on tour of the
state for a month.
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08

THE DECISION of Judge C. j. Me
| Fadden denying to IL c. Mich
olson the right TO sue for a share in
The reward OF s2.500 for the cap
,ure OF l.. W. Fristoe and Joseph
W Bell. for the murder OF ST Clair
and Requa In 1920. was reversed
Thursday by the state supreme
court
The higher court holds that Nc
Fadden erred In denying TO Niehol-
son the right 10 intervene II the
suit OF various parties for a share
Of this reward. Nicholson's claim to
a share being that he had advised
Bell &c give himself ur 10 the sher-
IN W s. Enslow. and show the lat
'er TO the hiding place Of Fristae
Il was In the early part OF 1920
that certain property had beer
stolen from the cattle company al
Wells and ST. Clair as an oiacer ano
Requa, whom he deputized TO assist
him, started in pursuit As the Of
acers were proceeding southerly In
Steptoe valley, some miles south OF
Cherry Creek. they were waylaid and
shot by Fristoe and Bell, the former
doing most OF the shooting. as was
proved at the trial In Ely.
Thereafter the company offered a
reward of $4,000 for the appreher-
sion OF the murderers. The reward
was promptly claimed by II. II. Ru'
herford. who was n shop employe
of the Nevada Northern railway ana
assisted in the capture. He institute
Cd an action against the company
Tor its recovery. The company made
APPLICATION for the substitution OF
the name of =. Il. Woodward. W. 5.
Enslow, +. T. Murray, Frank Wheel
or and d. d. Renear instead of IT'S
own name as defendants, for the
reason that they were laying claim
to the reward. the company at the
same time paying into court me
'2,5OO, being the sum offered. ana
asked for a discharge from liabiiity'
The company by affidavit showed
mat II was ignorant OF the rights OF
lhe various claimants, which IL
wished the court to determine. Ihe
substitution was ordered according
ly
In February, 1922, Nicholson flee
complaint In intervention and for
The time being was permitted to be
come party to the suit His com.
paint alleged that he had met Bell
and having in mind the reward al
hsed him to give himself up, also
70 show the officers the hiding place
u Fristoe, which Bell did and Fris'
.oe was captured. On motion OF
rutherford the court vacated she
''aer permitting Nicholson to in
,,efVene, striking II from the hles.
y was held that the money paid
mic court was solely for the claim
an's as previously specified and that
a''er such payment and discharge OF
'ae company from liability no per
'oh not mentioned IN the affidavit OF
'ue company was entitled to inter
vene.
=. Mcholson's counsel asked leave to
ae an amended petition, which was
'en'ed by the court. From the order
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08
Scrugham to Visit Ely
on Way from Vegas

Governor James G. Scrugham will
visit Ely on his way back from a
trip that he is about to make TO Las
Vegas and the Colorado river prof.
ect Just when he will come lie has
not announced.
This information was brought
from Carson last night by Gilbert r.
Boreman, who talked with the gov
ernor about his trip
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08
Board Accepts High School Building

Board Accepts High School Building
The recommendation of the arehi-
teet that the new high school build
Ing be accepted from Contractor An
drew Hexem has been agreed to by
the school board. Only the door
locks are lacking and when these
come the contractor will install
them.
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08
DIR. DE VINE HERE.

DR.. George p. Devine Of Reno will
be at the Northern hotel until April
Is. Eyes examined, ylasses fitted.
artificial eyes fitted. Telephone for
appointment.
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08

FOR SALE-Whitlock house, in
East Ely; furnished complete: three
rooms; shrubbery. shade trees and
lawn; chicken house. Cheap for
cash. Phone ok. d. p. Curto
White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-04-08
TURN ME OVER

The Mhite Pine News. sa per yoa
Imperial Valley press., 1923-12-17
NOTICE TO CREDITORS.

Estate of John B. Ryan, also
known as Jack B. Ryan, and Jack
Ryan.
Notice is hereby given by the un-
dersigned, Geo. w. Allen, admins
traitor of the Estate of John b.
Ryan, also known as Jack B. Ryan
and Jack Ryan, deceased, to- the
Creditors of, and all persons having
claims against the said deceased, to
exhibit the same with the necessary
vouchers within ten months after
the first publication of this notice
to the said Geo. w. Allen at 107l08
Rehkopf Bldg, Ell Centre, Califor-
MIA, the place of transacting busi-
ness of the estate.
Dated this 10th day of November
1923.
GEO. w ALLEN,
Attorneys for Administrator
JAS. w. GLASSFORD,
Nov. 10 26, Dec. 3 10 II
Imperial Valley press., 1923-12-17
NOTICE OF SALE

To Whom 1t May Concern: Please
take notice that Edgar Bros. Co. "a
corporation) operating garage and
automobile repairing shop at No.
1872 Main ST., City of FL Centre,
County of Imperial, State of Cali
fornia, will on Tuesday, the 18th
day of December, 1928, at 10 'clock
a. m., offer for sale and sell to the
highest bidder, for cash, one model
T Touring Ford Automobile, En-
CINE No. 4590717, California Lie
ense No. 753169 1929 to satisfy
a garage bill for labor, parts and
storage amounting to $4,000, inter
est and costs and sale to be added.
Said Automobile having been left
for repairs and the amount due
thereon being overdue for more
than twenty days.
EDGAR BROS. co.
Asst. Gen. Mgr. SLID
By w. o. HINDERKS,
Imperial Valley press., 1923-12-17
NOTICE FOR BIDS FOE BURIAL
OF INDECENT DEAD ~

Notice is hereby given that tile
Board of Supervisors of ImperiaI
County will receive sealed bids Vi
to ard until two O'Clock p. m. OF
December II, 1928, for the buria
of the INDECENT dead of Imperial
County, for a period of one or three
years from December Il, 1928.
All bids must be accompanied by
a written statement and specifica-
tions upon which the bid is made
The Board hereby reserves the right
and privilege to reject any and all
Bids. .,s
BOARD OF SUPERVISORS Oh
IMPERIAL COUNTY.
BY c. G. Mousseau, County Clerk
and Clerk of the Board of Super
visors.
Dated Nov. 13, 1923. 3
>duily Nov. 26 DNc IL
Imperial Valley press., 1923-12-17
IMPERIAL GYPSUM MILLSITH

Beginning at cor. No. 1.
Identical with cor. No. 2, In.
perial Gypsum Millsite No. 6, this
survey, whence. -, .fs -5-.
The east Il cor. sec. s, T. 16 s.,
r. II E., S. B. NJ, bears S.SS'
3l'30O''1. 1606.61 ft.
IdentieaI with location monu.
ment. ..
Thence West.
533.31 To cor. No. 2.
A pine post, 4 ft. long, ms
square, set 2 ft. in the ground
with mound of earth, 2I-G-M-7
scribed SOB
1-I-G-M-s
Identical with location monu
ment.
Identical with cor. No. 4, I'm
perial Gypsum Millsite No. s, this
survey. s..... .-.-.. -,.a,I
Thence East. %. s...ot .l. +.
1881 To cor. No. 4.
Identical with location monu
ment.
Identical with cor. No. 3, I'm
perial Gypsum Millsite No. 6, this
survey.
Thence South.
4O0,S To cor. No. l, the place OF
beginning.
Var. 14' 4O'E., at all corners
Imperial Valley press., 1923-12-17
NOTICE TO CREDITORS

Estate of E. E. Martin, also known
as Evard Eugene Martin, Deceas-
ed.
Notice is hereby given by the un
dersigned Geo. w. Allen, administra-
tor of the estate Of E. E. Martin,
also known as Evard Eugene Mar
tin, deceased, to the creditors Of,
and all persons having claims
against the said deceased, to ex-
hibit the same with the necessary
vouchers within four months after
the first publication of this notice
to the said Geo. w. Allen, at 107-
10S Rehkopf Bldg, Ell Centre, Cali
fornia, the place OF transacting
business of the said estate.
Dated this 30th day of Novem-
Der, 1923.
GEO. w. ALLEN.
JAS. w. Glassford, Attorney for
Administrator.
Dec 3 10 IL "a 81
Imperial Valley press., 1923-12-17

A pine post, #. long, . ins.
square, set 2 ft. in the ground,
with mound of earth, 4-l-G-M-3
scribed rss 5702
b Az 1-I-G-M-2'
Identical with location monu-
ment
Identical with cor. No. l, I'M
perial Gypsum Millsite No. z,
this survey.
Thence East. s
Var. 15o 40'E.
523.36 TO cor, 40. 7, the point OF
beginning.
Imperial Valley press., 1923-12-17
NOTICE TO BUILDING
CONTRACTORS

Pursuant to resolution of the
Board Of Supervisors, of the County
of Imperial, State of California, di-
recting this notice, the undersigned,
Clerk of the County of Imperial, in
vites and will receive, for said
Board of Supervisors, at his office,
in the County Court House of the
County of Imperial, at FL Centre,
California, up to II o'clock a. m.
Of December IL, 1923, sealed pro-
posals or bids for furnishing the
materials and labor required for
the carpentry contract of the new
County Court House of Imperial
County, in accordance with the ap-
proved plans and specifications
thereof by Don w. Wells and Ralph
Sw earingen, Associate Architects of
Ell CeLtro and Calexico respectively
said contract being Contract No.
Of the Contracts for the erection
Of said Court House. y
Each proposal shall be made out
on a form furnished by the archi-
tects and must be accompanied by
a certified or cashiers check or q
bond of an approved Surety Com
pay as surety in the sum of ten
per cent. of the amount Of the bid,
such check or bond to be made pay
able TO the Chairman of the Board
Of Supervisors as a guarantee that
bidder, if successful, will enter into
contract satisfactory to the Board
and in addition thereto the success.
full bidder will be required to file
a good and sufficient bond for tlfe
faithful performance of the cor
tract and or the payment of labor
ers and material men.
Plans and specifications for the
Imperial Valley press., 1923-12-17
NOTICE TO CONTRACTORS

NOTICE Is HEREBY GIVEN,
That the Board of Supervisors of
the County of Imperial, hereby cali
for bids upon the following describ-
ed work, to-wit: the installation of
a burglar alarm system for a vault
in the new Imperial County Court
House, now under construction, as
per plans and specifications pre-
pared by Don w. Wells and Ralph
Swearingen, Associate Architects;
said plans and specifications now
being on file in the office of the
County Clerk and Clerk of tht
Board of Supervisors of Imperial
County at his office in the Court
House at Ell Centre, California.
That bids will be received to and
Until ten o clock a. m. Of December
22nd, 1923, and at that time and
place bids will be opened.
The Beard of Supervisors hereby
reserve the right to reject any and
all bids and to award the contract
to the lowest responsible bidder.
A certified check in the amount
of ten per cent Of the bid must ac
company each bid as a guarantee
that the bidder will make and en-
ter into a contract for the doing
of the work and will give a prope'
bond and undertaking for the com
pletion of said contract land to fur
nish all materials and labor there
for in case a contract is awarded
upon his bid in accordance with The
foregoing.
c. G. MOUSSEAU,
Clerk of the Board Of Supervisors
o1t2f
Imperial Valley press., 1923-12-17

above work may be seen at the Of
flee of said Board of Supervisors
and County Clerk, and at the office
of said architects in Ell Centre, Cal
iformia.
A deposit of $500 will be re-
CURED from contractors receiving
plans and specifications. This de-
posit win be refunded when plans
and specifications are returned.
The Board reserves the right to
reject any and all bids not be:ug
advantageous TO the County.
BY order Of the Board of Snper.,
visors of the county of Imperial
adopted Tuesday, Nov. 6, 1928.
C. G. MOUSSEAU,
County Clerk and Ex-officio Clerk
o. the Board of Supervisors.
No IL to Dec IL