White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-03-04


outcome OF the battle came as Dig
surprise
CARSON CITY. March 3.-Feyer
heat was reached In the assembly
chamber perhaps for the first time
during the present session Of the
legislature when the cenate and as
sembly met in joint session at 10
o'clock yesterday morning to receive
the report cf the committee to inves.
tigate the charges filed by Assembly
man Jnrich against District judge
Clarence J. MeFaiden.
Every available seat provided by
members for their guests was occu.
pied and the hallway as well as the
gallery was crowded with interested
spectators when Speaker J. N. Lock
hart surrendered the gayel to Presi-
dent o; the Senate Maurice J. Sulli.
van The rolls OF both houses were
called and the report was called ,or
ssenblyman w. NJ Kennedy of
Washoo. chairman of the judiciary
committee OF the assembly. offered
and moved the adoption OF the major.
iiy report, as follows:
The committee which has had
under consideration the complaint
against the Hon. c. J. McFadder.
Judge OF the Ninth judicial district
court OF the state OF Nevada. rec
ommends that the complaint be
dismissed for the reason that In the
Judgment OF the committee the leg
islature lacks jurisdiction 10 re-
move the aforesaid judge because
i appears from the complaint men
TONED that practically every mate
rial ofense charged against the
said Judge Is alleged therein TO
have occurred prior TO the time the
said Judge qualified for and en-
tered upon his present term CT CT
hce. The committee makes no
hndinga as to the truth or falsity
OF any Of the allegations set forth
IN the complaint"
Mr.. Jurich then read and filed the
minority report, rs follows:
In Wow of the position taken by
a majority of the members of this
committee. 10 the effect that II has
not Jurisdiction 10 investigate the
onenses contained In the complaint
charging Clarence ]. McFadden,
Judge of the Ninth judicial district
court, with malfeasance, nonfea-
sanee and misfeasance in Office. by
reason of the fact that said offenses
were committed prior to the pres
eht term OF office. with which opin-
ION OF the law the undersigned.
minority members. do not concur.
ana In view of the further fact
mat the charges. II proven. consti'
'ute sufficient grounds tustifying
me removal from office of the said
clarence j. McFadden. therefore
your minority members Of this
committee recommend the adop-
'lon by the senate and assembly
'he following resolution:
Resolved. by the assembly, the
sehate concurrIng. That the attor-
hey general be and he is hcreby di-
rected to prepare and serve not
'aler than Monday, March 3, 1928,
formal complaint for the remov'
al OF Clarence ]. McFadden, Judge
OF the Ninth judicial district court
OF the state OF Nevada, upon the
Grounds stated and contained In
'he complaint of Anthny Jurich
and any other ground that may ap-
pear we'll founded; and. be 1t fur
ther
Resolved. That In accordance
with the provisions OF section 3,
article 7. OF the constitution OF tho
state OF Nevada, as soon as said
complaint is prepared, tho reason
able cause contained therein for
removal Of said district judge be
entered on the journals OF each
l0uqn. I..a 81 aof1