November 25, 1940 (4 pages)

Thinking Out Loud Nevada City Nugget From the Californian, March 15, 1848: The Liberty of the Press consists in the right to publish the Truth, with good motives and for jusiifiable ends. —Aiexander Hamiiton. By H. M. 1. COVERS RICHEST GOLD AREA IN CALIFORNIA ee Ae ASAI aa lee . < WORE No BE. The County Seat Paper. . NEVADACITY, CALIFORNIA, ‘The Gold Center. MONDAY. NOVEMBER 25, 1940. bodes no good for Whether we have war or not, it is a safe bet that every citizen ‘will be called upon for sacrafices without precedent in our history. When we entered World War No. 1, we were ,so to speak, fat. But after the war was done, and prodigious sacrifices had been made, for our own. war effort plus loans to our associates in the conflict. we came out lean. Loans to foreign*countries soured on us in course of, time, so that as of 1928, our national debt was approximately 20 billions. often remarked, this country. On the road to recovery in the early 1920’s we developed such speed that we ran into a boom. When that collapsed in 1929 we nose-dived into a.depression from whieh the New Deal attempted to lift us by more than doubling the national debt. Now in 1940, financially speaking, assuming’ thait up till now we have been living on surplusses stored away in_ the good years, we scrape the bottom of the barrel. sidered the last eight years have reduced our corpulent Uncle Samuel to a living skeleton, but sperhaps those years have been providentially conditioning us for worse times to come. In the last eight years our taxes have been a little more than doubled. On a-‘pay-as-you-go plan they should have been quadrupled but for any administration to attempt that would have been suicide. Income taxes have now been hiked to reach down to the $2,000 income of married folks and $800 for the single. (Corporations also will have to pay a larger proportion of their earnings into the U. S. treasury. Congress-on opening the new session in January is expected to. bear down even more heavily, ‘perhaps enacting some sort of, sales tax or even a transaction tax, Now we are rapidly ing another crescendo in nationa industry and agriculture. Preparations for defense, for ‘which some of the wasted billions of the last eight years might have been spent with a good effect upon tthe national econoiny, now iproceed with more wasteful haste. approach~ The need for extraordinary defense measures did not dawn on the American people until. last June when the German army over‘ran France. But we can. hardly excuse the administration in Washington for lack of preparation up to that time, because 'with all the special avenues’ of information open, and with ‘a big majority in Congress, it would have been comparatively easy for the president “to have ‘prepared the ground by a ffire-side chat, and to have made a good beginning in national ‘pre‘paredness by appropriaite measures in congress. The hatreds ‘which for political punposes the New 'Deal assiduously fostered for eight years now rise up to plague our preparations for defense. The dire need of quick and adequate defense has_ not brought cooperation: between the workers and employers, as witness the strike at the Vultee airplane factories, nor ‘between labor groups, as witness the annual conventions of 'the CIO and AFL. It would seem we are about to reap the crop that springs from the dragon‘s teath the New Deal has sown. There is one jway, of course, of compelling peace among all —-faetions and unity in the defense effort. That way is through the enlargement of federal power. ‘The president can ask congress to increase his authority, already far greater than that of any head of a democracy ‘in peace time, so ithat he’ can force an agreement among Economically -con-!' 19 Letters To 3,000 Residents In County Placed ‘In Mail “Just how muchijcan be done next i year depends on the 1940 Sale of . Christmas Seals. We must be able to ' continue: our campaign to discover hidden cases of tuberculosis and to prevent the spread of the disease in Nevada County.” With that appeal, the Nevada ‘County Tuberculosis Association today launched its 34th annual sale of Christmas Seals. Envelopes Mailed Envelopes containing Christmas Seal sheets and return envolepes for the convenience of the. purchasers were mailed today to 3,000. persons in Nevada ‘County. More will be placed in the mail later in the week. Beatrice Bonner is the Seal Sale chairman. She desires especially to remind the purchasers of the seals to use them on their Christmas cards . CHRISTMAS SEAL SALE OPENS TODAY and packages, It not only advertises Nevada County but it shows an interest is taken in the prevention of tuberculosis. Mrs. Bonner who does not receive in the mail can obtain them by not-. ifying her. E Hundreds of people received a betThe Christmas Seals will be On. ter’ knowledge of and sale throughout the’ city during De-. Renetits Derived From Sale . vr Seals Are Listed also states anyone . Christmas Seals . ang aavics were given to parents of . reactors. tuberculosis cember for those who desire more. leads disease. The filling of the 3,000 Seo Mann Is President which were mailed today was done} John Mann, general manager of by members of the Elementary Paks the Empire-Star Mines, Ltd. ent ‘Teachers Associations of this . ident of the Nevada (County city and Grass Valley. culosis Association. Superior Judge . Benefits of . Seals George L. Jones of this city is vice The letter s®nt with the Christmas president; Bernice Glasson of Grass Seals points out the following was Valley, secretary; BE. L. Dudley of made possible in Nevada County by. Nevada City, treasurer; Dr. Harry . the sale of seals. N. March of Grass Valley, medica! 1,340 girls and boys and contacts were tested. advisor and Mrs. Vera Ingram of Grass Valley publicity chairman. 500 chest X-rays were taken of . On the board of directors from positive reactors. ; _ . this city are Mrs. Ella M. Austin, 600 home calls on families of! Mrs. Richard Goyne, Mrs. Isabel Hefpositive reactors were made to track elfinger, down the source of infection. Help H. E. Kjorlie, Mrs. Leland Smith and Dr. A. H. Tickelf. Nevada rity s four volunteers with the well wishes and cheers of hu roodbye ceremonies for Lee wie eae a ges Clyde Merril MR 6, JULIA COLE OF WASHINGTON CALLED BY DEATH Punessl Held This Afternoon . For Native Of This City the young men, were held in front of the National Hotel here and at the Bret Harte The Nevada County young men leaving for training 1m'D Adams. With Cheers And Well Wishes Of Hundreds Ringing In Their Ears, Nevada County’s Four Volunteers Leave For Year’s Military Training’ for miliitary trai ndreds of Nevada City in their ears. two communities, and Grass Valley residents ringing participated in by prominent citizens of the in Grass Valley. Ned Stewart, Harold Ray Christian, were Wilmot The Sierra Co inty youth is Arthur Shelton of Loyalton. % The farewell program in honor of the men here was opened with the piaying of the Star Spangled Banner by the Nevada City High School band under the direction-of Ralph Smith. Commander W. W. Esterly of the Hague-Thomas-Hegarty Post of the American Legion, which sponsored the farewell ceremonies, then introduced the five volunteers. Also introduced were Dr. Walter Hawkins, jR. . ; how to safeguard themselves against ! . ATTORNEYS IN WEST , is pres. Tuber-. ing and one from Sierra County left Saturday afternoon . Funeral services were held this afternoon at the Holmes’ Funeral Home here for Mrs, Julia A. Cole, The Bosworth Store team of this city and the Pepsi Cola’ squad, also of Nevada City, will tangle tonight on the Grass Valley High ‘School 60, ‘beloved resident of the town of Washington for the past 20 years, Valley Hardware five. A large crowd is expected to see the two games, ushering in the basketball season. Thursday in the Grass Valley gym city on March 28, 1880. Prior to her, moving to Washington, she took an active part in the social life of the city and’ was a member of Laurel . Parlor, Native Daughters of the Golden West of this city. Mrs. Cole leaves her husbané, . ‘Grass Valley Elks and tlie Gothard Clyde Cole of Washington, a son, . autntet will battle the Nevada City: (Clyde, Jr., three sisters Mrs, Mary Elks. ' rd of Sermon a ir CAMPAICN FOR CARNIVAL QUEEN BECOMING HOT three brothers John and Tom Curry Plans are nearing completion for of this city and Morris Curry of Taft. the annual high school carnival, which will be held Saturday in the ROSS PIERCE TO BE ROTARY CLUB a : of Sirouanta at the high school these} Fish and Game — A Community days as the campaign for the honor} Asset, will be the topic of the Rotary haaek A olona: Club program at Thursday’s meeting he suse candidates are: in the National Hotel here. ivasiiak olen: The talk will be made by Ross E. ! Patricia Dougherty. Pierce, owner of the Inter-County} Sophomore clase: Title Company. Through frequent Jackie Landry. visits here Pierce has become well. Junior olan: known in this city and his friends . 4 . a . Gladys Williams, x s E spe 0 ~ : are anxious to hear him spea Ai Senior slaea! who died Saturday at her home there. gymnasium in the first game of the Father Patrick O'Reilly of the 1940-41 Inter ‘City Basketbatl (Catholic Church officiated at the League. el services. Interment followed in the The second game of the evening Pine Grove cemetery. ' will be between the Feather MerThe deceased was born in this Chants of Nevada City and Grass , the CCC team will tangle with the! and@ ‘Merle Morrison, clerk of the board. aud commander of ATTLE V with many.-others--from-— Nevada B ON ¢ C) were headed for actual conflict. entuality their services may be needJudge George-L. Jones, who in 1917 . tingent. forward to the defense of their lL. Bigelow and H. M. Leete of the Nevada County Selective Service Board ———$—$__—_—___—. * Howard Bennetts, the Banner Mountain Post of the TWO N C FIVES , Veterans of Foreign Wars. ‘was call; ed upon for comment. He said along County he left under almost similar circumstances in 1917, only they COURT TONIGHT He praised the volunteers for théir . willingness to be trained in the eyed in the defense of this country. Esterly then introduced Superior made the farewell address in this city to the first departing draft conJudge Jones praised the young men for their unhesitancy in coming country and hoped that those staying at home will be as willing to assist in the government’s defense program as the’ departing volunteers. Judge Jones caHed upon (Commander Esterly, one of the men who fought in the World War, for a few : words. Esterly expressed the need _ for preparedness but stated he hoped those now being trained will never be called to actual warfare. County Recorder John Nettell played the Call to Colors on his bugle. important Mine Suit Commences In Superior Court COUNSEL IN EMPIRE-STAR VS. BUTLER ACTION INCLUDES MOST FAMOUS MINING The trial of the Empire-Star Mines, Ltd., suit against'Cooley Butler and Wallace Butler, owner arid general man‘ager, respectively, of the Golden Center Mine in Grass Valley, opened in the superior court here today. The trial, most important mine litigation in this county ‘since the samous Champion Mine suit of. 35 years ago, is beCASE E ADIUDGED ie ON ITS MERITS . ‘Many Noted Attorneys Jones. of this ike was aie Counsel for both the plaintiff and . defendants are among the most noied mining attorneys in the country. Robert M. Searls of San Francisco, formerly of this city, William Colby of San Francisco, who has participated in the most important mining cases in the West during the past 30 years, and Frank Finnegan, local attorney, represent the plaintiffs. The defense counsel includes Pierce Butler, son of the late Justice . Butler of the United States Supreme /!: Court and nephew of Cooley Butler; G. Allen Bisbee of Los Angeles and H. Ward Sheldon of this city. Nevada City, Nov. 25. Editor, the Nugget: Without any intent’ of adverse criticism but. with the desire to clarify the report in your good paper %of my written decision in the case of The People vs. Fitzpatrick, I think itwould be explanatory to add the following portions of the decision re‘lating. to the charge of “speeding,” to that reported in the Nugget of November 21st: “In these so-called ‘speeding’ es, the court must and does consider in each individual case,-where a plea of ‘not guilty’ is entered, the several factors prescribed by the legislature as constituting the elements Of a violation of the basie speed law. “If a person was driving on Zion Street between Sacramento. Street and the city limits when school children were using the streets at crossings and if cars were parked closely casBuwalda Will Testify . The expert witnesses scheduled to testify for the Empire-Star Mines in the action, which involves a dispute over the undergound workings of the Golden Center and adjoining Pénnsylvania, property of the plaintiff, in-clude Dr. Duwalda, professor of geology for the California Institute of Technology and Roy Hardy, . noted on each side of the street or if traf~°°" ; N fic was heavy, he might properly be eee caer oft eapieei. gt een found guilty under Section 510 Raperts elened Wily t05 =o include Harold F. Lynn, mining engineer and former superintendent of’ the Idaho-Maryland Mines in Grass Valley. In the suit the Empire-Star accuses the defendants with deliberately using the Pennsylvania Mine facilities to dewater the Golden Center workings. The plaintiffs seek both an injunction against the Golden Center operators and damages. though he was traveling fifteen miles per hour or even less. “There are places in this city where, according to the signs, a 25mile an hour speed limit—is—applicable; yet, if the street is narrow, if pedestrian use of the street is obscured, if unusually heavy traffic is on the road or if any other element is present which makes a speed of 25 miles an hour dangerous to the safety of persons or property, such driver might well be found guilty of violation of Section 510, even if he was traveling less than 25 miles per KaHenborn Action Dropped Attorney Searls in his opening statement asked that the action hour. ‘against Fred Kallenborn, employee “Conversely, under the present f the Golden (Center, who was namlaw, there are times and conditions ed a defendant in the original comwhen a speed of more than 25 miles an hour is lawful and an understanding of the basic principles of Sections 510 and 511 must be had and ap-! 9 plied to this type of case. This ain<' Plies to all prima facie speed limits but we are only concerned with, ,plaint, be dismissed, ‘This motion , was granted by Judge Steel. . The presiding judge also granted motion by the defense for the amendment of the defendant’s answer to the complaint. The case will be watched with inThis was followed by the playing of the Star Spangled Banner again by. the high school band. The contingent then was taken .o, Grass Valley for almost initia . ceremonies. M. Henry Argall was the . speaker at the Grass Valley services. Approximately 200 gathered in front of the National Hotel and along Broad Street for the farewell ceremonies here. Several hundred , took part in the goodbye ceremonies in Grass Valley. . The five then left by bus for Colfax, where they took a train to Sacramento. . GOLF EXHIBITION . BENEFITTED LOCAL . RED CROSS CHAPTER !ecommitting an apparent violation it . to issue a citation to appear to such those within a residence district in this case. “Tf a driver of an automobile is terest in mining circles throughout the world. Well known mining figures present when the trial opened this morning, besides the attorneys, included Cooley Butler, John R. (Mann, general manager of the Empire-Star ‘Mines, Harold F. Lynn, Fred Nobs, executive vice president of the Empire-Star Mines and William Simkins, Newmont ‘mining corporation official. MASS MEETING OF AFL DRAWS 150 WORKERS The American Federation of Labor is within the discretion of the Police officer whether to admonish him or driver. The law provides a source of legal advice for all officers. Even af-! ter a citation is issued, unless it is proper, a complaint need not be filed. No criminal action can be commenced except by the filing of a comPlaint which is duly sworn to and of which the defendant is entitled to a copy on his arraignment. Without a complaint ‘being filed, a defendant should not be arraigned nor enter a plea nor should any adjudication be attempted. If complaints are filed their allegations must be SUS-. tained to warrant a conviction. “In this decision this court is . . ‘Approsiaaiele $25 was obtained those his administration formerly . the subject closest to his heart. . Seam Sides. b in their quarrels. Curran Heath manager. of ; . aa . ; : ; a title office here, is the program’ . 0° ‘8% school gym is being’ through the sale of tickets for the; er courts in this state that have ans Memorial Building in Grass Val. Since the election we have read . ohairman : . elaborately decorated for the car-' exhibition at the Nevada County Golf heretofore interpreted the law on ley yesterday, its first step in an atand heard many w=wprofessions of unity. But in the fortnight that has elapsed we have witnessed a re-opening of old wounds: Employers are still fearful of the administration’s tax vagaries, and _ restrictive regulations. If contracts for munitions are written, for instance, to suit conditions regarding wages and taxes as of today, they wish ‘to be sure they can complete these contracts with conditions unchanged, On the other hand labor, vigilantly watching the billions alloted to munition mak(Continued on Page Two) the . nival. Many entertainment features . are being worked out and there will BIG GAME DINNER SET FOR WEDNESDAY IN GRASS VALLEY STATE FIRE. MARSHALL . BROADCASTS TONIGHT = Respryations can be made ae eee Superior Judge George L. Jones here ivaet Peck, state fire marshall, for the Big Game dinner, to be held) wi] speak over KFPBK and KSAN this Wednesday night at the Bramble evening between 7:30 and 7:45 p. Bush in Grass Valley. ; m. All those interested in mune Both Stanford and University of ,fire hazards and all firemen are urg(California graduates as well as the, ed to listen at that time. alumni of other colleges and univer-. ee ek sities are invited to the dinner but Walter St. John of thin: city will ibe in early. a short business trip. it was pointed out reservations ee motor. to San Francisco tomorrow on . be many fun provoking concessions. . ifor the local Red Cross chapter; guided by the adjudications of highthis subject. “The theory and effect of the present ‘speed’ law was discussed by the each. Appellate Court of this state in the shot a 70 for the course. icase of In Re Johnson, 6 Cal, App. The exact amount raised at the} 2d Series. in a consideration of Sec. benefit, which was held for both the . tion 113 of the Vehicle Code in 1935. Red Cross chapter here and the chap-. } That section was substantially the ter in.Grass Valley will not be. same as the present Sections 510 and known until all the ticket sale re-. 511. turns are in, “In a case decided in March, 1940, by the Appellate Division of the Superior Court of Los Angeles County, interpreting the present Sections 510-511 of the Vehicle Code, especCourse yesterday, given by Tom Le . , Presti and Frank (Minch, Sacramento golf professionals. Both LePresti and Minch Miss Bentiow Nodinea. The Rebekah Silver Tea-club will meet Wednesday afternoon att two o’clock at the home of Miss sunnte Sandow. (Continued on Pee Four) . ize the district. held a mass meeting at the Vetertempt to organize the miners and” ~ laborers of the Nevada City-Grass Valley area, © : Organizer Charles Daley of San Francisco told the approximately 150 attending the meeting the AFL was in Phis district‘‘to stay.”’ He said he h&d@ received many requests from workers in the area to organAttempts will be made, it was announced at the meeting, to also. organize the retail clerks in Nevada County. Organizer Dale said adi tional mass meetings will be held acquaint the workers with the son fits of the AIL. ' ~

Thinking Out Loud Nevada City Nugget From the Californian, March 15, 1848: The Liberty of the Press consists in the right to publish the Truth, with good motives and for jusiifiable ends. —Aiexander Hamiiton. By H. M. 1. COVERS RICHEST GOLD AREA IN CALIFORNIA ee Ae ASAI aa lee . < WORE No BE. The County Seat Paper. . NEVADACITY, CALIFORNIA, ‘The Gold Center. MONDAY. NOVEMBER 25, 1940. bodes no good for Whether we have war or not, it is a safe bet that every citizen ‘will be called upon for sacrafices without precedent in our history. When we entered World War No. 1, we were ,so to speak, fat. But after the war was done, and prodigious sacrifices had been made, for our own. war effort plus loans to our associates in the conflict. we came out lean. Loans to foreign*countries soured on us in course of, time, so that as of 1928, our national debt was approximately 20 billions. often remarked, this country. On the road to recovery in the early 1920’s we developed such speed that we ran into a boom. When that collapsed in 1929 we nose-dived into a.depression from whieh the New Deal attempted to lift us by more than doubling the national debt. Now in 1940, financially speaking, assuming’ thait up till now we have been living on surplusses stored away in_ the good years, we scrape the bottom of the barrel. sidered the last eight years have reduced our corpulent Uncle Samuel to a living skeleton, but sperhaps those years have been providentially conditioning us for worse times to come. In the last eight years our taxes have been a little more than doubled. On a-‘pay-as-you-go plan they should have been quadrupled but for any administration to attempt that would have been suicide. Income taxes have now been hiked to reach down to the $2,000 income of married folks and $800 for the single. (Corporations also will have to pay a larger proportion of their earnings into the U. S. treasury. Congress-on opening the new session in January is expected to. bear down even more heavily, ‘perhaps enacting some sort of, sales tax or even a transaction tax, Now we are rapidly ing another crescendo in nationa industry and agriculture. Preparations for defense, for ‘which some of the wasted billions of the last eight years might have been spent with a good effect upon tthe national econoiny, now iproceed with more wasteful haste. approach~ The need for extraordinary defense measures did not dawn on the American people until. last June when the German army over‘ran France. But we can. hardly excuse the administration in Washington for lack of preparation up to that time, because 'with all the special avenues’ of information open, and with ‘a big majority in Congress, it would have been comparatively easy for the president “to have ‘prepared the ground by a ffire-side chat, and to have made a good beginning in national ‘pre‘paredness by appropriaite measures in congress. The hatreds ‘which for political punposes the New 'Deal assiduously fostered for eight years now rise up to plague our preparations for defense. The dire need of quick and adequate defense has_ not brought cooperation: between the workers and employers, as witness the strike at the Vultee airplane factories, nor ‘between labor groups, as witness the annual conventions of 'the CIO and AFL. It would seem we are about to reap the crop that springs from the dragon‘s teath the New Deal has sown. There is one jway, of course, of compelling peace among all —-faetions and unity in the defense effort. That way is through the enlargement of federal power. ‘The president can ask congress to increase his authority, already far greater than that of any head of a democracy ‘in peace time, so ithat he’ can force an agreement among Economically -con-!' 19 Letters To 3,000 Residents In County Placed ‘In Mail “Just how muchijcan be done next i year depends on the 1940 Sale of . Christmas Seals. We must be able to ' continue: our campaign to discover hidden cases of tuberculosis and to prevent the spread of the disease in Nevada County.” With that appeal, the Nevada ‘County Tuberculosis Association today launched its 34th annual sale of Christmas Seals. Envelopes Mailed Envelopes containing Christmas Seal sheets and return envolepes for the convenience of the. purchasers were mailed today to 3,000. persons in Nevada ‘County. More will be placed in the mail later in the week. Beatrice Bonner is the Seal Sale chairman. She desires especially to remind the purchasers of the seals to use them on their Christmas cards . CHRISTMAS SEAL SALE OPENS TODAY and packages, It not only advertises Nevada County but it shows an interest is taken in the prevention of tuberculosis. Mrs. Bonner who does not receive in the mail can obtain them by not-. ifying her. E Hundreds of people received a betThe Christmas Seals will be On. ter’ knowledge of and sale throughout the’ city during De-. Renetits Derived From Sale . vr Seals Are Listed also states anyone . Christmas Seals . ang aavics were given to parents of . reactors. tuberculosis cember for those who desire more. leads disease. The filling of the 3,000 Seo Mann Is President which were mailed today was done} John Mann, general manager of by members of the Elementary Paks the Empire-Star Mines, Ltd. ent ‘Teachers Associations of this . ident of the Nevada (County city and Grass Valley. culosis Association. Superior Judge . Benefits of . Seals George L. Jones of this city is vice The letter s®nt with the Christmas president; Bernice Glasson of Grass Seals points out the following was Valley, secretary; BE. L. Dudley of made possible in Nevada County by. Nevada City, treasurer; Dr. Harry . the sale of seals. N. March of Grass Valley, medica! 1,340 girls and boys and contacts were tested. advisor and Mrs. Vera Ingram of Grass Valley publicity chairman. 500 chest X-rays were taken of . On the board of directors from positive reactors. ; _ . this city are Mrs. Ella M. Austin, 600 home calls on families of! Mrs. Richard Goyne, Mrs. Isabel Hefpositive reactors were made to track elfinger, down the source of infection. Help H. E. Kjorlie, Mrs. Leland Smith and Dr. A. H. Tickelf. Nevada rity s four volunteers with the well wishes and cheers of hu roodbye ceremonies for Lee wie eae a ges Clyde Merril MR 6, JULIA COLE OF WASHINGTON CALLED BY DEATH Punessl Held This Afternoon . For Native Of This City the young men, were held in front of the National Hotel here and at the Bret Harte The Nevada County young men leaving for training 1m'D Adams. With Cheers And Well Wishes Of Hundreds Ringing In Their Ears, Nevada County’s Four Volunteers Leave For Year’s Military Training’ for miliitary trai ndreds of Nevada City in their ears. two communities, and Grass Valley residents ringing participated in by prominent citizens of the in Grass Valley. Ned Stewart, Harold Ray Christian, were Wilmot The Sierra Co inty youth is Arthur Shelton of Loyalton. % The farewell program in honor of the men here was opened with the piaying of the Star Spangled Banner by the Nevada City High School band under the direction-of Ralph Smith. Commander W. W. Esterly of the Hague-Thomas-Hegarty Post of the American Legion, which sponsored the farewell ceremonies, then introduced the five volunteers. Also introduced were Dr. Walter Hawkins, jR. . ; how to safeguard themselves against ! . ATTORNEYS IN WEST , is pres. Tuber-. ing and one from Sierra County left Saturday afternoon . Funeral services were held this afternoon at the Holmes’ Funeral Home here for Mrs, Julia A. Cole, The Bosworth Store team of this city and the Pepsi Cola’ squad, also of Nevada City, will tangle tonight on the Grass Valley High ‘School 60, ‘beloved resident of the town of Washington for the past 20 years, Valley Hardware five. A large crowd is expected to see the two games, ushering in the basketball season. Thursday in the Grass Valley gym city on March 28, 1880. Prior to her, moving to Washington, she took an active part in the social life of the city and’ was a member of Laurel . Parlor, Native Daughters of the Golden West of this city. Mrs. Cole leaves her husbané, . ‘Grass Valley Elks and tlie Gothard Clyde Cole of Washington, a son, . autntet will battle the Nevada City: (Clyde, Jr., three sisters Mrs, Mary Elks. ' rd of Sermon a ir CAMPAICN FOR CARNIVAL QUEEN BECOMING HOT three brothers John and Tom Curry Plans are nearing completion for of this city and Morris Curry of Taft. the annual high school carnival, which will be held Saturday in the ROSS PIERCE TO BE ROTARY CLUB a : of Sirouanta at the high school these} Fish and Game — A Community days as the campaign for the honor} Asset, will be the topic of the Rotary haaek A olona: Club program at Thursday’s meeting he suse candidates are: in the National Hotel here. ivasiiak olen: The talk will be made by Ross E. ! Patricia Dougherty. Pierce, owner of the Inter-County} Sophomore clase: Title Company. Through frequent Jackie Landry. visits here Pierce has become well. Junior olan: known in this city and his friends . 4 . a . Gladys Williams, x s E spe 0 ~ : are anxious to hear him spea Ai Senior slaea! who died Saturday at her home there. gymnasium in the first game of the

Father Patrick O'Reilly of the 1940-41 Inter ‘City Basketbatl (Catholic Church officiated at the League. el services. Interment followed in the The second game of the evening Pine Grove cemetery. ' will be between the Feather MerThe deceased was born in this Chants of Nevada City and Grass , the CCC team will tangle with the! and@ ‘Merle Morrison, clerk of the board. aud commander of ATTLE V with many.-others--from-— Nevada B ON ¢ C) were headed for actual conflict. entuality their services may be needJudge George-L. Jones, who in 1917 . tingent. forward to the defense of their lL. Bigelow and H. M. Leete of the Nevada County Selective Service Board ———$—$__—_—___—. * Howard Bennetts, the Banner Mountain Post of the TWO N C FIVES , Veterans of Foreign Wars. ‘was call; ed upon for comment. He said along County he left under almost similar circumstances in 1917, only they COURT TONIGHT He praised the volunteers for théir . willingness to be trained in the eyed in the defense of this country. Esterly then introduced Superior made the farewell address in this city to the first departing draft conJudge Jones praised the young men for their unhesitancy in coming country and hoped that those staying at home will be as willing to assist in the government’s defense program as the’ departing volunteers. Judge Jones caHed upon (Commander Esterly, one of the men who fought in the World War, for a few : words. Esterly expressed the need _ for preparedness but stated he hoped those now being trained will never be called to actual warfare. County Recorder John Nettell played the Call to Colors on his bugle. important Mine Suit Commences In Superior Court COUNSEL IN EMPIRE-STAR VS. BUTLER ACTION INCLUDES MOST FAMOUS MINING The trial of the Empire-Star Mines, Ltd., suit against'Cooley Butler and Wallace Butler, owner arid general man‘ager, respectively, of the Golden Center Mine in Grass Valley, opened in the superior court here today. The trial, most important mine litigation in this county ‘since the samous Champion Mine suit of. 35 years ago, is beCASE E ADIUDGED ie ON ITS MERITS . ‘Many Noted Attorneys Jones. of this ike was aie Counsel for both the plaintiff and . defendants are among the most noied mining attorneys in the country. Robert M. Searls of San Francisco, formerly of this city, William Colby of San Francisco, who has participated in the most important mining cases in the West during the past 30 years, and Frank Finnegan, local attorney, represent the plaintiffs. The defense counsel includes Pierce Butler, son of the late Justice . Butler of the United States Supreme /!: Court and nephew of Cooley Butler; G. Allen Bisbee of Los Angeles and H. Ward Sheldon of this city. Nevada City, Nov. 25. Editor, the Nugget: Without any intent’ of adverse criticism but. with the desire to clarify the report in your good paper %of my written decision in the case of The People vs. Fitzpatrick, I think itwould be explanatory to add the following portions of the decision re‘lating. to the charge of “speeding,” to that reported in the Nugget of November 21st: “In these so-called ‘speeding’ es, the court must and does consider in each individual case,-where a plea of ‘not guilty’ is entered, the several factors prescribed by the legislature as constituting the elements Of a violation of the basie speed law. “If a person was driving on Zion Street between Sacramento. Street and the city limits when school children were using the streets at crossings and if cars were parked closely casBuwalda Will Testify . The expert witnesses scheduled to testify for the Empire-Star Mines in the action, which involves a dispute over the undergound workings of the Golden Center and adjoining Pénnsylvania, property of the plaintiff, in-clude Dr. Duwalda, professor of geology for the California Institute of Technology and Roy Hardy, . noted on each side of the street or if traf~°°" ; N fic was heavy, he might properly be eee caer oft eapieei. gt een found guilty under Section 510 Raperts elened Wily t05 =o include Harold F. Lynn, mining engineer and former superintendent of’ the Idaho-Maryland Mines in Grass Valley. In the suit the Empire-Star accuses the defendants with deliberately using the Pennsylvania Mine facilities to dewater the Golden Center workings. The plaintiffs seek both an injunction against the Golden Center operators and damages. though he was traveling fifteen miles per hour or even less. “There are places in this city where, according to the signs, a 25mile an hour speed limit—is—applicable; yet, if the street is narrow, if pedestrian use of the street is obscured, if unusually heavy traffic is on the road or if any other element is present which makes a speed of 25 miles an hour dangerous to the safety of persons or property, such driver might well be found guilty of violation of Section 510, even if he was traveling less than 25 miles per KaHenborn Action Dropped Attorney Searls in his opening statement asked that the action hour. ‘against Fred Kallenborn, employee “Conversely, under the present f the Golden (Center, who was namlaw, there are times and conditions ed a defendant in the original comwhen a speed of more than 25 miles an hour is lawful and an understanding of the basic principles of Sections 510 and 511 must be had and ap-! 9 plied to this type of case. This ain<' Plies to all prima facie speed limits but we are only concerned with, ,plaint, be dismissed, ‘This motion , was granted by Judge Steel. . The presiding judge also granted motion by the defense for the amendment of the defendant’s answer to the complaint. The case will be watched with inThis was followed by the playing of the Star Spangled Banner again by. the high school band. The contingent then was taken .o, Grass Valley for almost initia . ceremonies. M. Henry Argall was the . speaker at the Grass Valley services. Approximately 200 gathered in front of the National Hotel and along Broad Street for the farewell ceremonies here. Several hundred , took part in the goodbye ceremonies in Grass Valley. . The five then left by bus for Colfax, where they took a train to Sacramento. . GOLF EXHIBITION . BENEFITTED LOCAL . RED CROSS CHAPTER !ecommitting an apparent violation it . to issue a citation to appear to such those within a residence district in this case. “Tf a driver of an automobile is terest in mining circles throughout the world. Well known mining figures present when the trial opened this morning, besides the attorneys, included Cooley Butler, John R. (Mann, general manager of the Empire-Star ‘Mines, Harold F. Lynn, Fred Nobs, executive vice president of the Empire-Star Mines and William Simkins, Newmont ‘mining corporation official. MASS MEETING OF AFL DRAWS 150 WORKERS The American Federation of Labor is within the discretion of the Police officer whether to admonish him or driver. The law provides a source of legal advice for all officers. Even af-! ter a citation is issued, unless it is proper, a complaint need not be filed. No criminal action can be commenced except by the filing of a comPlaint which is duly sworn to and of which the defendant is entitled to a copy on his arraignment. Without a complaint ‘being filed, a defendant should not be arraigned nor enter a plea nor should any adjudication be attempted. If complaints are filed their allegations must be SUS-. tained to warrant a conviction. “In this decision this court is . . ‘Approsiaaiele $25 was obtained those his administration formerly . the subject closest to his heart. . Seam Sides. b in their quarrels. Curran Heath manager. of ; . aa . ; : ; a title office here, is the program’ . 0° ‘8% school gym is being’ through the sale of tickets for the; er courts in this state that have ans Memorial Building in Grass Val. Since the election we have read . ohairman : . elaborately decorated for the car-' exhibition at the Nevada County Golf heretofore interpreted the law on ley yesterday, its first step in an atand heard many w=wprofessions of unity. But in the fortnight that has elapsed we have witnessed a re-opening of old wounds: Employers are still fearful of the administration’s tax vagaries, and _ restrictive regulations. If contracts for munitions are written, for instance, to suit conditions regarding wages and taxes as of today, they wish ‘to be sure they can complete these contracts with conditions unchanged, On the other hand labor, vigilantly watching the billions alloted to munition mak(Continued on Page Two) the . nival. Many entertainment features . are being worked out and there will BIG GAME DINNER SET FOR WEDNESDAY IN GRASS VALLEY STATE FIRE. MARSHALL . BROADCASTS TONIGHT = Respryations can be made ae eee Superior Judge George L. Jones here ivaet Peck, state fire marshall, for the Big Game dinner, to be held) wi] speak over KFPBK and KSAN this Wednesday night at the Bramble evening between 7:30 and 7:45 p. Bush in Grass Valley. ; m. All those interested in mune Both Stanford and University of ,fire hazards and all firemen are urg(California graduates as well as the, ed to listen at that time. alumni of other colleges and univer-. ee ek sities are invited to the dinner but Walter St. John of thin: city will ibe in early. a short business trip. it was pointed out reservations ee motor. to San Francisco tomorrow on . be many fun provoking concessions. . ifor the local Red Cross chapter; guided by the adjudications of highthis subject. “The theory and effect of the present ‘speed’ law was discussed by the each. Appellate Court of this state in the shot a 70 for the course. icase of In Re Johnson, 6 Cal, App. The exact amount raised at the} 2d Series. in a consideration of Sec. benefit, which was held for both the . tion 113 of the Vehicle Code in 1935. Red Cross chapter here and the chap-. } That section was substantially the ter in.Grass Valley will not be. same as the present Sections 510 and known until all the ticket sale re-. 511. turns are in, “In a case decided in March, 1940, by the Appellate Division of the Superior Court of Los Angeles County, interpreting the present Sections 510-511 of the Vehicle Code, especCourse yesterday, given by Tom Le . , Presti and Frank (Minch, Sacramento golf professionals. Both LePresti and Minch Miss Bentiow Nodinea. The Rebekah Silver Tea-club will meet Wednesday afternoon att two o’clock at the home of Miss sunnte Sandow. (Continued on Pee Four) . ize the district. held a mass meeting at the Vetertempt to organize the miners and” ~ laborers of the Nevada City-Grass Valley area, © : Organizer Charles Daley of San Francisco told the approximately 150 attending the meeting the AFL was in Phis district‘‘to stay.”’ He said he h&d@ received many requests from workers in the area to organAttempts will be made, it was announced at the meeting, to also. organize the retail clerks in Nevada County. Organizer Dale said adi tional mass meetings will be held acquaint the workers with the son fits of the AIL. ' ~