White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-02-25
M'FAOOEN, CHANDLER
LEAVE FOR CARSON
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Continued from Page One.)
dicates that the seriousness OF the
charges will of itself furnish the mo-
tive power to force an investigation
and that a failure to investigate
would operate to embarrass men,
bers responsible for them in the po-
litical hereafter.
One local feature that Jurich's
friends say was TO have been expect
ed is that some of the persons and
interests named in the complaint as
being unfavorably affected by the al
legged discourtesies and preiudices
attributed in it to Judge McFadden
have beer the first to go to him and
declare their innocence of participa-
ton in the Zurich movement, and to
tender their support in the judges
behalf. On the other hand. some of
the ones mentioned. these being at
torneys have said that they We're
with Zurich and would go the route
to help MIN cause the Judges re-
mova1.
One OF the latter class in discuss
ing the matter last evening with a
representative of The White Pine
News made these remarks:
Ordinarily one would think that
the legislature could not afford to
drop the investigation on the report
ed te%ehnieality of pleading that the
alleged offsnses occurred III n preyi-
term, or of pleading the statute
what will happen. For one thing the
Judge cannot afford to adort such a
course If he pleads the statute of
limitations for instance, 1t would
be a confession of having committed
the acts charged, and while he might
through such 4 course retain the
Office he would be done for POLITICAL
ly. The only thing the judge can do
is to demand a complete investiga-
ton and come out of 1t with a clean
slate. Any other course will lie sui
eidal."
Throughout the week, since the
charges were published and prior to
1t, when it was rumored that they
were to be filed, Judge M%cFadGen re-
fused to talk for publication. Pri-
vate talks with him have been fire.
quent and this subject has beer
discussed. 1t would not be fair to
the Judge to divulge what was said
or how he feels thereon, but as pub
lished in the White Pine News last
week 1t may be repeated that he says
he Is innocent and that he will fight.
Other than that 1T is believed that
he carries with him to Carson City
documents which are to De used to
e%ontrovert the allegations on certain
material points.
The senate committee as appoint
ed by Lieutenant Governor Sullivan
to work with the assembly judiciary
committee in investigating the
charges is composed of Senators Z.
E. Smith Of Clark county, G. A.
Fletcher of Eureka and NJ. r. Pen
rose of Lyon. the last named being !
president pro tempore of the senate.
Mr.. Zurich is a member of the iu-
dietary committee and it is still a
mooted question as to whether or not
he may be qualified to sit thereon In
hearing his own charges. 1t is GUS
tomary in all legislative bodies to
refer bills introduced by a member
TO the committee to which he be-
longs, IL he is able to bring 1t about,
or of other matters where an inyes-
tigation Is demanded, and whether
or not this committee is considered
TO be clothed with certain judicial
powers. and therefore the complain
ant disqualified from acting az a
member thereof Is a matter fer tho
Legislators themselves to determine
IL. indeed. they have not already done
so. 1t might be done one way one
time and another way another time.
The point would hinge upon whether
or not this committee investigation
is any different from any other COM
mittee investigation. Such reports
as have come from Carson City in
dictate that Mr.. Zurich is acting as a
member of the committee.
First of all, the procedure will re-
quire that the committee investigate