White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-02-18
IMPEACHMENT CHARGES
AGAINST c. j. MFADOEN
CONTINUED from Page One.)

tlOntinueu from rage One.l
yada, and to the due administration
of justice, has wrongfully and viii
fully committed and does now wrong
fully and wilfully commit divers and
sundry acts constituting reasonable
cause and causes in each Of the re.
spects hereinafter set forth. to be en-
tered upon the journals of your hon
orable body for his removal from of
flee, towit:
SPECIFICATION A.
That he has repeatedly and at di'
vers and sundry times in the past
and continuing down to the present
time wilfully and knowingly made
and filed with the state controller
numerous false affidayits concerning
cases, motions and other matters
submitted to him as such district
Judge which remained undecided. to
the effect that no such case, motion
or other matter so submitted re-
manned undecided at the time OF
making such affidavit. whereas in
truth and in fact numerous cases and
matters had been submitted to him
as such Judge for decision, were
taken under adyisement and at the
times of such respective affidavits re-
NAMED undecided by him, and con-
tinued and were so undecided for
more than ninety days after sub
mission thereof; in particular certain
of said cases and matters being as
follows:
The case of Kate |. Nixon ct al. VS..
Trustees of Winnemucca was submit
ted for decision in August, 1918, and
was not decided until October, 1920,
and in each and every month during
said period said Clarence j. McFad-
den drew his salary as such judge
from the state controller.
The case of Studebaker Bros. COM
pany of Utah VS.. A. B. Witcher ct al.
was submitted for decision on March
16, 1918, and was not decided until
November 80. 1918, and in each and
every month during said period said
Clarence ]. Nc Fadden drew his sal
airy as such Judge from the state con-
troller.
: The case of Schultz vs.. Big Mead
ows Investment Company was sub
mitted for decision in June, 1918,
and was not decided until January.
1919, and in each and every month
during said period Clarence j. Nc
Fadden drew his salary as such Judge
from the state controller.
The ease of the state of Nevada ex
rel. Fowler VS.. Hugh Wilson ct al.
was submitted for decision on de-
murrer and taken under advisement
on June IL. 1922, and no decision
has been rendered up to the present
time, but in each and every month
during said period said Clarence j.
McFadden has drawn his salary as
Judge from the state controller. That
in said last named cause said Clar-'
ence ]. McFadden as such Judge.
without stipulation or consent OF
counsel in the case, but arbitrarily
and in violation of the statute in
such case made and provided, made
an order on November IS, 1922. di-
recting a resubmission Of said cause
upon briefs.
That said false affidavits were so
made by said Clarence j.. McFadden
for the purpose of procuring from
said state controller his, said McFad-
denis, monthly salary as judge and
through and by means of the same
he procured the payment to him by
said state controller Of such monthly
salaries, as aforesaid.
SPECIFICATION Il.
That on or about the first day oil
March, 1919, said Clarence j. Nc
Fadden, while acting as such judge,
made and filed with the state con-
troller a certain false and fraudu-
lent claim against the state OF Ne
vada. purporting to be a claim for
his necessary expenses as such judge
in going to and returning from n
place of holding court, towit, Phoebe,
Nevada, the items of which said
claim were and are as follows. towit.
1919.
February 20 to 27-For room
No. $40 at Hotel Utah. In :
Salt Lake City, Utah------s24.50
For room at Hotel Utah. in
Salt Lake City. Utah, on
February 81. 1919----- $50
For mealS at Vienna cafe, in
Salt Lake City, Utah, during
said period 1880
Railroad and Pullman fare,
etc. 27.94
Meals en- route ogden to Ely $50
s7S.44
That said claim bore and bears
upon its face the words ITO Phoebe
in the handwriting Of said Clarence
]. McFadden. made for the purpose
of conveying the impression to said
state controller and causing him to
believe that said Clarence J McFad-
den, while acting as such judge, had