|
It is often supposed that one can secure a divorce in Reno without having to present grounds or causes for it. Let me hasten to disillusion such "idealists." As mentioned above, there are seven causes for divorce in this State, any one of which in the eyes of the liberal Nevada law, is sufficient justification for a dissolution of marriage.
A fact which perhaps is not generally known is that one may leave the state temporarily any time after establishing a residence, provided, however, that the time during which one has been absent, is eventually "made up," that is; the actual presence in the state and county must amount to six months.
In one divorce case at which I was present,—Mrs. Jones versus Mr. Jones—, the questions to a six months' resident were as follows:
Q. Are you the plaintiff in this action?
Q. What relation does Mr. Jones bear to you?
Q. When were you married?
Q. Where were you married? Q. Are there any children of this marriage?
Q. It is stated in the complaint that since your marriage to Mr. Jones he has been guilty of habitual gross drunkenness, which he has contracted since the marriage. Will you please state to the court the circumstances in regard to his acts of habitual drunkenness?
Q. Have his acts of habitual gross drunkenness incapacitated him from contributing his support to the family?
Q. What effect have his habits of gross habitual drunkenness had upon his performing his part of the marital relations?
Q. Please refer to page 5 paragraph—of your complaint and read it as to your reasons for coming to Reno, Nevada.
Q. When did you come to the Count; of Washoe, State of Nevada?
Q. Where have you been residing since you came to Reno, Nevada?
Q. Have you been engaged in any occupation or profession during your residence in Reno, Nevada?
Q. What is your intention in regard to your continuing your residence in the State of Nevada?
Q. What was your former name?
Q. Do you desire to be restored to your former name for business and property reasons?
Q. It is stated in the complaint as a second cause of action that Mr. Jones for more than one year last past has failed, neglected and refused to provide you with the common necessities of life. Please state, if any, what provisions he has made for your support and how he has supported you, if at all. Q. It is stated in the complaint that he has been during all the said time and is now an able-bodied, talented man, and has been and is now in receipt of liberal salaries for his services. Please state to the court what the facts are in regard to this.
Q. Has his failure to provide you with the common necessities of life been the result of poverty or sickness and could he have avoided such failure by ordinary industry?
Q. Please state how you have supported yourself.
Q. It is stated in the complaint as a third cause of action that Mr. Jones has been guilty of extreme cruelty to you in the State of Texas and in the State of New York. Please state to the court what his treatment has been to you in the way of using vulgar language to you and calling you vile names.
Q. What occurred at New York City on or about May, 1919, in regard to the conduct of the defendant, in regard to his father and his coming to the hotel in a condition of intoxication.
Q. It is stated that at Waco, Texas, the defendant would drink and keep you awake until a late hour in the morning. Please state to the court the circumstances of his conduct.
Q. What occurred during the winter of 1919 at New York City in regard to Mr. Jones flourishing a loaded revolver and threatening to kill you?
Q. What effect did his treatment of you have upon your being compelled to leave him?
Q. What have you done in regard to endeavoring to persuade Mr. Jones to cease his excessive use of intoxicating liquors, his exhibition of ugly conduct, his vile language, to induce him to resume a normal condition of conduct and treat you with kindness?
Q. What effect, if any, has his habitual gross drunkenness and extreme cruelty—to you had upon your happiness and health, and how has it affected you mentally and physically?
Q. What effect has it had upon the intent and purposes of intermarriage and rendering your life with your husband unendurable, miserable and unbearable?
In this case the charges were non-support and drunkenness and extreme cruelty.
The plaintiff in a divorce case need not become seriously concerned because a defendant has refused to sign papers at the time he or she has been served. Personal service upon the defendant—the mere fact that the papers are handed to the defendant is sufficient, whether he has accepted them or not—or service by publication and mailing in Nevada will accomplish the same purpose; except that there will be a delay of forty days in the first case and eighty-two in the latter; however, if the defendant is not represented, or does not appear, there may arise the question as to the legality of the divorce in some States, especially in New York State.
It will obviate considerable delay and inconvenience, if the defendant will sign and file his personal answer, admitting the plaintiff's allegations of residence, marriage, children, etc., but denying the cause of action. This answer should also contain an express waiver of notice of all proceedings. An answer cannot be signed, however, until the complaint is filed: the complaint cannot be—filed until six months have elapsed: therefore the divorce is not granted in six months, as is the impression which so many have, but the suit may be started at the termination of the six months' period.
An expeditious and simple method of facilitating proceedings is to have the defendant appoint a lawyer in Nevada, granting him the power of attorney to accept service of the complaint. Since this can be provided for in advance the delay after the case has been filed can be reduced to a minimum.
Below is the form of the Power of Attorney:
"KNOW ALL MEN BY THESE PRESENTS, That I, John Jones, of the Town of Waco, County of....... State of Texas, hereby constitute and appoint........ of the city of Reno, County of Washoe, State of Nevada, as my true and lawful attorney, in fact and at law for me and in my name to act for me and appear for me as my attorney in any action that may or shall be instituted by Mary Jones, my wife, against me for the dissolution of the bonds of matrimony existing between us, in the second Judicial District Court of the State of Nevada, in and for the County of Washoe; and in any such action to accept service of summons thereon and to plead to or demur to, or to answer any verified complaint or other pleading that may or shall be filed by said Mary Jones in any action in said court; and to do and perform any other act or acts or to take any other proceeding or proceedings he shall deem proper in said action.
"GIVING AND GRANTING unto my said attorney or his substitute full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and out of said action, as fully and to all intents and purposes as I might or could do if personally present with full power of substitution, hereby ratifying and confirming all that my said attorney or his substitute may do or shall cause to be done by virtue of these presents.
"IN WITNESS WHEREOF, I have hereunto set my hand and seal this...... day of July A. D., 1917.
"STATE OF TEXAS, COUNTY OF....... ss.:
"On this.... day of July, A. D., 1917, personally appeared before me, a Notary Public, in and for the County of......... State of Texas, John Jones, known to me to be the person described in and who executed the foregoing instrument and who acknowledged to me that he executed the same freely and voluntarily and for the uses and purposes therein mentioned.
"IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
"Notary Public in and for the County of ......... State of Texas.
Many people are under the impression that it is absolutely essential to engage a lawyer before reaching Reno, or immediately upon arrival. Both of these conceptions are erroneous. It is considerably wiser to make one's selection after taking up a residence, when one has had an opportunity to discuss the matter with the local people who "know the ropes," and who are thus in a position to advise one right. No legal action is necessary until some months have elapsed, unless of course the case be exceptional, as the one below for instance.
The Nevada law provides that a suit for divorce may be immediately commenced in the county "where the defendant may be found." From this it will be seen that a plaintiff who has been a resident of Nevada for ten days or even one day, may sue at once if the defendant can be found in Nevada for service. That is, no six months period of residence is necessary at all, if the defendant happens to be there, or comes there for a reconciliation, to regain custody of children, to obtain a satisfactory property settlement, or for any other legitimate purpose, free from collusion.
A celebrated case of this kind was tried at Minden, Nevada, in 1920. Below is a list of questions asked the plaintiff by the lawyer:
Q. When did you first come here?
A. The 15th day of February.
Q. Have you any other residence?
A. No, sir.
Q. Is it your intention to make Nevada your residence?
A. Yes, sir.
Q. Did you by any means know of the coming of your husband into this state?
A. No, sir.
Q. Did you make any arrangements whereby he was to come into this state?
A. No, sir.
Q. When did you first learn that he was in this State?
A. A friend told me he was coming to Nevada on business to look for a coal mine.
Q. Did he mention any place your husband might be going to?
A. Yes, he said something about Gold Hill.
Question by the Judge: Answer by Plaintiff:
Q. Do you know where there are coal mines in Gold Hills? You mean gold mines.
A. Yes, gold mines.
Questions by lawyer: Answers by Plaintiff:
Q. What if anything did you do on hearing that he might come into this state?
A. Why, I telephoned you and informed you.
Q. Did you see your husband?
A. No, sir.
Questions by Judge: Answers by Plaintiff:
Q. Did you have anything to do with the appearance of your husband in this vicinity?
A. No, sir.
Q. I want to have you very clear on this. No arrangements were made between yourself and your husband whereby he was to come into this state?
A. No, sir.
Q. When was it that you determined to stay in Nevada?
A. When the doctor told me I needed a change.
Q. And when was that?
A. That was at Christmas, about two weeks after.
Q. Have you ever, directly or indirectly, had any understanding with your husband that you should come into the State of Nevada and later— being here—that he should come into this state, that you should institute divorce proceedings and have him served with papers?
A. No, sir.
Q. Is it your purpose and intention to [remainder of question and answer missing in original]
Q. Did you have anything to do with the appearance of your husband in this vicinity?
A. No, sir.
Q. I want to have you very clear on this. No arrangements were made between yourself and your husband whereby he was to come into this state?
A. No, sir.
Q. When was it that you determined to stay in Nevada?
A. When the doctor told me I needed a change.
Q. And when was that?
A. That was at Christmas, about two weeks after.
Q. Have you ever, directly or indirectly, had any understanding with your husband that you should come into the State of Nevada and later— being here—that he should come into this state, that you should institute divorce proceedings and have him served with papers?
A. No, sir.
Q. Is it your purpose and intention to remain in the State of Nevada as a resident and particularly in the County of Douglas?
A. Yes, sir.
Q. Is it your purpose to build here?
A. Well, if I can find a place to suit me I will.
Q. And have you given up Los Angeles as your residence, and your permanent residence is Genoa, Douglas County, Nevada?
A. Until I regain my health, but this will be my home.
Q. Do I understand that you have come into this state in good faith, seeking health and nothing else?
A. Yes, sir.
Q. That you have not come into the State of Nevada for the purpose of instituting divorce proceedings?
A. No, sir.
Q. That is absolutely so?
A. Absolutely.
By the Judge:
"I think I have gone into this question pretty thoroughly. I feel that I should do so in all these matters in view of the fact that our statute requires a six months' residence. Therefore we should look into these matters thoroughly. That is all."
Because of various newspaper items recently published the public has got the idea that the Reno divorce law has been changed. The following article, clipped from the Nevada State Journal of February 2nd, 1921, will explain the change in the laws as amended on that date:
SCOTT DIVORCE BILL PASSES UNAN- IMOUSLY-SENATE BILL PROVIDES THAT PARTY MUST HAVE LIVED IN STATE SIX MONTHS.
"Carson City, Feb. 1.—The Senate today passed the measure introduced by Senator Scott to amend the present divorce law. The bill as drawn re-enacts the law now in force, with the added provision, that at least one of the parties to an action for divorce must have resided in the State of Nevada not less than six months prior to commencement of the suit.
"On recommendation of the judiciary committee, the bill was amended, to make the beginning of a suit possible in cases where "the cause of action shall have occurred within the county while plaintiff and defendant were actually 'domiciled' therein." In a talk urging passage of the bill as amended, Senator Scott declared that at least 90 per cent, of the odium attached to Nevada because of its divorce law was due to the fact that a few unscrupulous persons and attorneys-by means of collusion-so arrange matters as to take advantage of the "Where the defendant may be found" clause. He stated that he feared that unless some change as he proposed was made that people might soon go to that extreme and demand an enactment of legislation much more severe in its requirements. He presented the bill, "not as an attorney, but as a citizen of Nevada to cure what as a citizen he believed to be an evil." The amendments were adopted, and the bill passed, Senator Ducey answering "No," on roll call.
"At the afternoon session of the Senate, Senator Ducey rose to ask a question of privilege, and proceeded to explain his vote by stating that he had failed to get the gist of the amendment. He thereupon requested that the Senate grant him the courtesy of a reconsideration of the vote taken at the morning session. Under the unanimous consent rule, a motion for reconsideration carried, after which the bill was passed with sixteen senators voting in its favor."
Following is a letter from H. Walter Huskey, one of Reno's prominent lawyers, in which at my request he answers some very important questions. Much of the information I have already given you in the foregoing pages, but I think it a good idea to give you the questions exactly as answered by him. This information really consists of most valuable legal advice to anyone anticipating a visit to Reno.
Twenty-second October,1920.
"Dear Mrs. Stratton:
"I am very happy to have your letter of the 11th instant, and to note that you are making such splendid progress with your book.
"My time and services are always at your command, even though you have asked me some questions that are not strictly in the horizon of a lawyer's work.
"The advantages of Nevada's divorce laws are as follows:
"The residence is only six months, but requires actual presence in the county where the action is to be filed. We have six causes of action for the husband, and—by adding neglect of the husband to provide the plaintiff with the common necessities of life—seven for the wife.
"In most states corroborative evidence is required, that is, testimony of evidence tending to corroborate the allegation and testimony of the plaintiff. In Nevada no corroborative evidence is required in the absence of a contest, that is, testimony of the plaintiff alone in a non-contested case is sufficient.
"In most or many of the states, the decree of divorce when granted is not final and absolute, that is, in some states it is interlocutory, requiring another appearance in court at the end of six months or a year. In other states, either one or both parties are forbidden the right to marry for six months or one year or longer, or the defendant is given six months in which to appeal, or one or both parties are placed under disabilities preventing immediate marriage. In Nevada the decree is absolute the moment granted and the minister, if desired, may be waiting at the court house door to perform the new marriage ceremony.....
"With these few remarks I shall take up your questions by number:
"1. Where to go upon arrival?
"There are three good hotels in Reno; the Riverside Hotel, Hotel Golden and the Overland Hotel. Besides the hotels we have two or three good apartment houses. Many people go directly to the private boarding houses where room and board can be had at more reasonable figures.
"2. What attitude to take up with the local people: what to do: what to avoid?
"In the great West strangers are taken to be alright, until they prove themselves otherwise. It is unlike the East or South, where one must prove oneself as to character and standing, before one can hope to be admitted into the better circles of society. Fully ninety per cent, of the people who come to Nevada to become bona fide residents with the expectation of taking advantage of Nevada's lenient divorce laws, are people of high character and standing. It is naturally well to mix with Reno's people, to keep oneself as straight and restricted as one would do at home, and to avoid the tendency to throw off all restraint when one passes west of the Rocky Mountains.
"3. Are there any crook lawyers?
"There are crook lawyers, but not in Reno. There were one or two who have been indicted and disbarred. Sometimes it is possible-when the address can be found-to communicate with the defendant spouse and stir up trouble by offering to defend him or her free of charge, hoping by such action to be placed in position to squeeze a few hundred dollars out of the plaintiff. The best way to avoid this is to go to Reno and look over the field before selecting an attorney.
"4. The possibility of blackmail?
"The only possibility in the nature of blackmail comes from unprofessional practitioners like those mentioned in the preceding paragraph, who, in some way having the address of the defendant, communicate with him or her in the hope of stirring up trouble and representing the defendant in the contest. When relations are thus taken up with the proposed defendant, these lawyers usually notify the plaintiff that if the plaintiff will come to him or to a lawyer of his selection—someone closely associated with him—the matters can be adjusted and the divorce granted. The position taken by our County Clerk, under our law, in refusing absolutely to allow anyone, other than the parties and attorneys for the parties in a divorce suit, to have access to the papers greatly reduces the field of this blackmail and protects many innocent people.
"5. How do you proceed with the case?
"Upon arrival in Reno a new resident ought to find a reputable lawyer, consult him, retain him by paying him possibly one-third of the fee, and state to him the entire cause of action. The lawyer will take down the facts, given a receipt or contract showing the total fee to be paid; will make a record of the beginning of the residence period and will talk to the client generally about his or her cause of action, and the steps necessary to be taken toward establishing a bona fide residence that will hold water against all attack. Many persons have failed in contested cases, because of statements they have placed in letters to friends and relatives. These statements often show that the plaintiff is only serving time in Nevada, and, if brought to the attention of the court, will defeat one's allegation of residence upon which the jurisdiction of the court depends. Without jurisdiction no divorce can be granted.
"6. What is the first step?
"7. What if you cannot serve?
"After the six months' residence period is completed, the first step is to prepare, verify and file the complaint. This complaint is a clear statement of the plaintiff's cause or causes of action. At the time of filing this complaint the summons is issued and handed to the attorney for the plaintiff. Where the defendant is not willing to file an answer or demurrer, and thus submit to the jurisdiction of the court, an "Affidavit for Publication" is sworn to by the plaintiff, and an "Order for Publication" is prepared for the signature of the judge, and being signed by him, is filed with the Clerk of the Court. After publication is ordered service may be made by publication once a week for six weeks in a Reno paper and by mailing a copy of the complaint attached to a copy of the summons to the defendant at his or her last known residence.
"After publishing for six weeks, it is necessary to wait for a period of forty days during which time the defendant may answer. Service is complete only at the end of publication, and a defendant living outside of Nevada is entitled to the full period of forty days after service.
"Below is a facsimile of different forms of 'Service by Publication':
SUMMONS
No. 16447 Dept. No. 2.
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE. L.M.M., plaintiff vs. A.M.M., defendant.
The state of Nevada sends greeting to said defendant:
You are hereby summoned to appear within ten days after the service upon you of this summons if served in said county, or within twenty days if served out of said county but within said judicial district and in all other cases within forty days (exclusive of the day of service), and defend the above-entitled action. This action is brought to recover a judgment and decree of this court forever severing and dissolving the bonds of matrimony now and heretofore existing between the parties hereto upon the grounds of desertion, adultery and extreme cruelty as described in the complaint.
Dated this 15th day of December, A. D., 1920 E.H.BEEMER,
Clerk of the Second Judicial District Court of the State of Nevada, in and for the County of Washoe.
By G. R. ELLITHORPE, Leroy F. Pike, Deputy. Attorney for Plaintiff.
SUMMONS IN THE SECOND JUDICIAL DISTRICT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE. I.M.G., plaintiff, vs. S.L.G., defendant.
The State of Nevada sends greeting to said defendant:
You are hereby summoned to appear within ten days after the service upon you of this summons if served in said county, or within twenty days if served out of said county but within said judicial district and in all other cases within forty days (exclusive of the day of service), and defend the above-entitled action. This action is brought to recover and decree dissolving the bonds of matrimony existing between you and said plaintiff, upon the ground that you wilfully failed, neglected and refused to provide for said plaintiff the common necessaries of life for a period of more than two years next preceding the commencement of this action, although having the ability so to do; awarding to said plaintiff the care, custody and control of the two minor children, the issue of the marriage between you and said plaintiff, to wit: G.L.G. and R.O.G.; and for general relief, as alleged and described in the complaint of said plaintiff now on file in said action in the office of the Clerk of the above named court, and to which said complaint reference is thereby made and said complaint made a part hereof.
Dated this 8th day of January, A. D., 1921.
E. H. BEEMER,
Clerk of the Second Judicial District Court of the State of Nevada, in and for the County of Washoe.
A. A. SMITH, Attorney for Plaintiff,
312 Clay Peters Bldg., Reno, Nevada. Jl5-22-29;F5-l2-l9-2e
"8. What if you can serve?
"Six weeks of time may be saved if the defendant can be served with complaint and summons. This personal service outside the state of Nevada is equivalent to completed service by publication, and the defendant has forty days in which to answer.
"9. What if the defendant does not fight?
"In cases where the defendant is willing that a decree should be granted, much time and some expense may be saved by defendant signing and filing a short formal answer, admitting plaintiff's allegations of residence, marriage, children, etc., but denying the causes of action. By filing this answer personally, or by retaining a Reno lawyer to accept services and file it for the defendant, the defendant need not visit Nevada at all. The case can then be closed up, and the decree granted within ten days after the expiration of the six months. By the filing of this short answer the defendant submits to the jurisdiction of the court, and any decree of divorce granted is valid and effective for plaintiff and defendant alike beyond any question, the world over.
"10. What if the defendant fights?
"If the defendant fights the case, evidence and testimony must be introduced and the case tried as other contested causes in other states. If the defendant be the wife, she can by filing affidavits showing her position financially compel the plaintiff husband, before proceeding with his case, to advance such sums of money as may be necessary to cover costs, attorney's fees, alimony pending the suit and traveling expenses to and from Reno.
"11. What about the chances for losing?
"In the absence of a contest, if a divorce case in Nevada be prepared by a lawyer who knows his business, there is no real reason for losing. If the cause be contested, then it all depends upon the allegations and proofs of the plaintiff as compared with the allegations and proofs of the defendant. Probably three cases out of four (contested cases) are won by the plaintiff.
"12. How is the case called?
"When the case has been filed and the time during which the defendant is permitted to answer has passed, a default is prepared by the attorney for the plaintiff, and signed and filed by the county clerk. In cases where the defendant has appeared personally or by counsel and an answer has been filed, they are ready for trial. On calendar day,— which comes each Monday—either the default case or the case in which an answer has been filed is called to the attention of the court by the plaintiff's counsel and is set down for trial by the court— usually some day that week.
"13. Procedure of an actual case? Witnesses: Questions?
"The trial of undefended divorce suits usually takes about fifteen or twenty minutes. The only witnesses necessary are those to Prove "residence in Reno" for the period of six months. Room rent receipts are not sufficient. Usually it is necessary to call the landlady of the rooming house, or the clerk of the hotel where the plaintiff has resided to show a continued residence in the County of Washoe. Where the plaintiff moves about frequently from one rooming house to another, it is more difficult to prove continuous residence. A residence in the county is all that is needed and all that has to be proved, however, and often plaintiffs in the summer time spend a month or two on that portion of Lake Tahoe which is in Washoe County.
"14. Is this case treated publicly or privately?
"All cases are tried in a court room which is open to the general public, unless the allegations are of such immorality in the complaint that the proof should not be heard by the general public. Divorce cases are so common in Reno, however, that the public rarely attend.
"15 Does the decree allow you to take back your own name?
"If the plaintiff be a woman and if there be no children the issue of the marriage, she will be allowed, if requested in the complaint, to take back her maiden name. The decree signed by the court simply orders that the plaintiff's maiden name be restored to her. If there be children the issue of the marriage, the maiden name of the mother will not be restored to her for the reason that it is thought that the mother should retain the name of her children.
"16. What is the entire cost?
"The entire cost of a non-contested case ranges from $22 to $30. If the case be contested there is no telling how high the cost may run. The cost of taking numerous depositions might amount to $50 or $100 or more. If the question is intended to cover the fees for lawyers' services, I would say that they run from nothing up to several thousand dollars. The usual fee for a person of ordinary means is about $250, which is probably the average fee in such cases in Reno, but persons of wealth often pay from $1,000 to $5,000.
"17. In what sense are witnesses used, and how do they strengthen the case; is it the same as in the East?
"In all non-contested cases, either where they go by default or where the defendant voluntarily files his answer after the residence for six months is proved, the plaintiff's testimony is sufficient to prove his or her cause of action, that is, no testimony beyond that of the plaintiff is needed where the case is not contested. In the event of a contest, the more witnesses and depositions one can procure the more likely they are to win.
"18. Can the divorce be obtained at once if the defendant can be served in the state?
"The statutes of Nevada expressly provide that, if the cause of action occurred in Nevada, that is, if the last acts of the defendant took place in Nevada, or if the plaintiff and defendant last cohabited in Nevada, or if the defendant without collusion can be served with papers in Nevada, the plaintiff need not reside there six months or for any other definite period. In line with this express provision of Nevada's laws, if a plaintiff comes to Nevada to begin a residence, and if the defendant comes here for any other purpose than to submit to service of the papers, which would be collusion, but bona-fide to secure the custody of children, to procure a settlement of property matters and alimony, to bring about a reconciliation, etc., service of the summons and complaint may forthwith be made upon him in Reno, and the case may proceed to trial at the end of ten days without the six months' residence period by either party.
"19. How is the fee paid, and when?
"As to fees for legal services, some attorneys require the entire fee in advance; some allow the fee to wait until some adjustment or settlement is made, or until the case is ready for trial, but the better method for both client and attorney is for the client to pay down one-third of the fee as a retainer, one-third at the time of filing the complaint, and the balance of one-third on the day set for the final trial of the case.
"20. Please state the effect the Nevada divorce has in different states. For instance, I know a woman who got her divorce in Nevada and married again in New York; her first husband sued her for divorce in New York and accused her of adultery and got a divorce. Please state if the divorce is absolutely legal when the defendant is not represented, because I am very anxious that my book shall state only facts. I don't want to lead anyone astray on that subject. I am quite sure the divorce is not legal if it is simply obtained by advertising, as I myself was about to be handed back my divorce papers, and refused a marriage license in New York, when I explained that my husband had been personally represented. If that had not been the case I would not be the happy lady I am today.
"Nevada divorces, exactly like the divorces granted in other states, are valid as follows: if the defendant be served in Nevada, in the event he appears in the cause either for contest or voluntarily, for the purpose of submitting to the jurisdiction of the court, the decree is absolute and valid the world over, freeing both parties from the moment it is granted.
"If the defendant be served outside of the state of Nevada, either personally or by publication and mailing, and should not make an appearance in the case, the case goes by default and the decree, which is held valid in most cases as a matter of comity, is seriously questioned in the states of New York, Massachusetts and Illinois. Its validity is questioned, however, only in favor of a defendant who is a resident and citizen of the state where its validity is brought into court, that is, a resident of Illinois obtaining a divorce in Nevada by default against a defendant who resides in Illinois, will find that his decree of divorce is valid beyond a question in New York and Massachusetts and all other states except Illinois. Likewise, a resident of New York may depart from his home, take up his abode in Nevada, obtain a default decree against a spouse domiciled in New York and may marry again and live in any other state, except in the state of New York. It might be noted here, however, that many hundreds of plaintiffs have obtained default decrees under such circumstances and have married again, returned to New York state and have lived there without difficulty. Most foreign countries give validity to a Nevada decree.
"Respectfully submitted,
"H. WALTER HUSKEY."
In considering a divorce in Nevada, the traveling expenses are quite an item; therefore I have written to the Traffic Department of the Pennsylvania Railroad System, and in a letter under date of February 6th, 1921, from the Traffic Manager of that company, I am indebted for the following information:
"Regarding tickets, etc., to Reno, Nevada; round-trip tickets are not sold to Reno, but it is possible to purchase a round-trip ticket from New York to San Francisco or Los Angeles, and use it only as far as Reno. (I found that the greatest advantage of this ticket was that one could have a peep at San Francisco and Southern California without any extra cost, as one returns to the East.—Author). This ticket has no validation feature.
"The round-trip ticket bears a limit of nine months and it costs $201.06, plus tax of $16.08, to either San Francisco or Los Angeles. The one-way fare from New York to Reno is $111.63, plus tax of $8.98."
The roads used in the trip are The Pennsylvania Railroad, Chicago and Northwestern, Union Pacific and Southern Pacific.
Below are suggestions for the best through trains quoted from 1921 time tables:
Daily Service.
Leave New York (Pennsylvania Station) 6:05 P. M., Saturday
Arrive Chicago 3:00 P. M., Sunday
Leave Chicago (Union Pacific) 7:10 P. M. Sunday, Overland Express.
Arrive Omaha 9:00 A. M. Monday
Arrive Ogden 1:00 P. M. Tuesday
Leave Ogden (Southern Pacific) 12:30 P. M., Pacific time, Tuesday.
Arrive Reno 3:25 A. M. Wednesday
In conclusion I would desire to express the sincerest heart-felt hope that none of my readers be placed in a position where the only road to follow is: "the Great Divide." However, when there is no way out, no means of reconciliation, no tangible reason for submission to penal servitude for life, the only solution left is to face the truth; to turn one's back upon the past, and face the future!
We revere our ancestors, but the inheritance handed down to us dissolves itself into obligations to the present: our principal obligation to the World today is our duty to the World tomorrow! To posterity: to those to whom "from failing hands we throw the torch...."
As Virgil said: "Nati natorum et qui nascentur ab illis:" our children's children and those who will be born from them.
And in assuming our duty to the World tomorrow, we must start by doing our duty to the World today: ourselves; by righting what is wrong; by blasting the trail through life's mountainous obstacles; and purifying the atmosphere around us and leading the World on to the light that beacons us from beyond.
[ Reprint from Reno Freming Gazzette ] [ Aug. 7 1917 ]
PART 7
SONS OF THE SAGEBRUSH
To write of the "Sons of the Sagebrush" does not necessarily mean that they were born in the Sagebrush, or in the West. I was surprised to find that about seventy-five per cent, of the prominent citizens of Nevada had hailed from almost every State in the Union, from Carolina to California. The Good Book says that the wise men came from the East. From personal observation I should say that many of them settled in the West.
I am told that there are numerous cases in which mothers worry for fear their sons may be led astray by some fascinating "divorcee"; that he may be caught in her "selfish snare" and left with a smashed heart and lost youthful ideals, while the fair lady laughs and leaves; but if you will pardon a bit of slang, I should say that the Western youth is a "pretty wise guy," and that mother need not worry because he can look out for himself! However, "mother's advice" may not always have held good after a mint julep, or a stroll in the moonlight..... Hence the experience.
I do not mean that if a beautiful lady should whisper gently to one of the youthful sons of the Sagebrush: "I am afraid to go home in the dark," the gentleman would ring for a messenger boy as an escort, or call a taxi; and if she sighed for sympathy and a stroll by the Truckee, he would think that she needed a doctor, or a nerve specialist. .... The sons of the Sagebrush are not cold-hearted, nor are they lacking in courtesy of any sort, but to use a Western expression, they possess a large percentage of "horse sense!" Meaning, that they are not wearing their hearts on their sleeves these days....
One of the most interesting and unassuming gentlemen I met in the "big little city" was Mr. George Wingfield. I had made up my mind to that effect long before he was introduced to me because I had seen his beautiful home on the banks of the Truckee, and his beautiful bank building on the corner of Second and Virginia streets (the Reno National Bank, which I have described in Part 5), and had visited his ranch, and admired his string of thoroughbred horses and high-class stock. I had also been told how this gentleman had made his fortune almost over night, so to speak, during the big gold boom, and I liked him for staying right there and spending the gold in the State whence it came. He did not take his riches and go away, as so many of them have done, but he helped to build a beautiful city, and there it is that he made his home.
I was rather surprised to find that Mr. Wingfield was not a native son, but hailed from Arkansas: also, I was disappointed in this gentleman's appearance, having been told that he was a resident of the West, when the West was really "wild and woolly," and full of gold and other things.... I expected him to be a much older man, and have not quite forgiven him for not being at least six feet six, with cold steel-blue piercing eyes, gray hair at the temples and a face furrowed with strong character lines.
That was the sort of mental picture I had made of him when a friend told me of his experiences in the mining camp during a big strike of the miners. They were shooting up the town in real Western style, and many of them had been heard to swear that they would have Wingfield's life. He might well have taken his departure, but he did not: he was strong and relentless and knew no fear, though I am told he ate his meals in a restaurant where the walls were covered with mirrors, with his back to the wall, and a six-shooter on each side of his plate. Rather thrilling, to say the least.
So far, Mr. Wingfield has not found it necessary to take advantage of the liberal divorce laws of the State: his beautiful home, charming and accomplished wife, and lovely children account for that.
Somehow Mr. Wingfield's experience in Nevada and the gold mines brings to my mind a poem from Robert W. Service's "Spell of the Yukon," of which I am very fond:
"This is the law of the Yukon, and ever she makes it plain; Send not your foolish and feeble; send me your strong and your sane— Strong for the red rage of battle; sane, for I harry them sore; Send me men grit for the combat; men who are grit to the core...."
It would be difficult to name a citizen of Nevada more popular with his fellow-men or enjoying to a greater degree the confidence and trust of those with whom he is associated than H. J. Gosse, proprietor and manager of the Riverside Hotel of Reno.
The colony has a real friend in H. J. Gosse, who is certainly an exponent of joy, giving optimism to the lonely wanderer who may find himself domiciled under the roof of the Riverside Hotel where the splendid personality of this old pioneer reigns supreme.
Mr. Gosse's parents crossed the plains with an ox-team from New Orleans to California way back in '49. In 1862 the family moved to Silver City, then a lively mining town.
The subject of this sketch went to school in Virginia City and later attended the Golden Gate Academy in Oakland, California. Like other young men, he followed various vocations and in 1896 he purchased the Riverside Hotel, which he has successfully conducted ever since. Under his management the hotel has continued to be the leading hotel in the city, and in 1901 the present large brick structure was erected.
In 1888 Mr. Gosse was united in marriage with Miss Josephine M. Mudd, a native of California. In politics Mr. Gosse is a Republican. He is a member of the Improved Order of Red Men, and has filled all the chairs in the local Tribe and is Past Grand Sachem of the State of Nevada. He is also a Mason, being a member of the lodge chapter, commandery and the shrine. He is an active member of the B.P.O.E. No. 597, of Reno, and was instrumental in organizing the Lodge. In recognition of his services, he has been made an honorary life member and is a member of the Grand Lodge of the United States.
Mr. Gosse's only son was among the first to answer his country's call when the United States entered into the World War in 1917; he died in his country's service a few months later....
No pictures of the picturesque West would be complete which did not depict in the foreground the fine, handsome figure of Nevada's erstwhile "Sentinel in Chief": former State Police Superintendent, Captain J. P. Donnelley.
The Captain and his wife were among the very first friends I made when I arrived in Reno. Since then we have become more and more intimate, and my admiration and appreciation of them both grow keener, if such is possible, the longer I know them.
Almost as interesting as the history of Nevada itself is the excited checkered career of this man, who at an early date left his native State of California where he had risen from the ranks of private to Adjutant of the 10th Battalion Infantry Guards and had sought in preference the dangers and hardships of rugged Nevada. Here he became deputy sheriff and chairman of the Republican Central Committee of Esmeralda County, to succeed Captain Cox as Superintendent of the State Police in 1911.
In the same year there was a spurt of unusual liveliness from the Indian quarter. Several white men were killed, and it was Captain Donnelley who was selected to head one of the posses and risk the brunt of the battle. The Captain's scrapbook, which he was kind enough to let me look over, revealed many an interesting incident, and one would never think when talking to him that this genial, humorous, kind faced man was every inch a soldier and a hero. The combination strikes me as wonderfully illustrative of what real culture and civilization can do for a man. He fights, not for the love of fighting, from a savage hankering after blood, but because it is for the good of humanity in general that he should fight, and therefore that he does well.
A large reward had been offered for the capture of those Indian desperadoes and of the several posses that had been sent out Captain Donnelley and his brave band were the only "lucky devils," and escaped with their scalps.
In appreciation of his fine work the citizens passed a resolution to send the following letter to the Captain:
"To the Nevada State Police and to Captain Donnelley, Privates Buck and Stone, and Sergeant Newgard: "Gentlemen:-
"As a Committee of One I am directed by the citizens of Surprise Valley, this county, by a resolution passed by the citizens last week, to express to you gentlemen the thanks we so deeply owe you for your efficient and loyal services rendered in the interest of public justice in the running down of the Indian renegade murderers of our citizens in Nevada.
"We cannot begin to express the same by words of tongue or pen and our feelings coming from the heart must be left to better speakers and writers than myself.
"Be assured of our great thanks, and should occasion require we will endeavor to make good in payment.
"Very sincerely yours,
"(Signed) H. E. SMITH, Sheriff."
In 1912 there were some very serious disturbances in the copper mines in Ely. Martial law was declared; Captain Donnelley was delegated to go down to quell the disorder, and in a remarkably short time peace and order were restored. His success was due in a great measure to his magnetic personality, for the Captain is very popular and makes staunch friends wherever he goes.
One of the greatest assets a man can have is the right sort of a wife. Mrs. Donnelley, once a divorcee, is both charming and interesting. She is a woman of culture, has traveled extensively and is interested in all the social problems of the day. When the Red Cross Chapter was organized in Reno she was asked to take charge of the workroom, which originally started with two and now boasts of a working force of between thirty to forty ladies. Without her efficient aid, little progress would have been made.
Both the Captain and his wife are exceptionally fond of children and animals, and they tell the following amusing incident about one of the Captain's birthdays. One fine afternoon, out of a clear sky, seventeen youngsters of every conceivable size and shape, marched in upon Mrs. Donnelley, and announced the fact that they had come to celebrate Captain Donnelley's birthday. Thereupon they held aloft three monster cakes which they had brought along to demolish in case the Captain did not have birthday cakes any more. After the rather surprised lady of the house had ransacked the neighborhood for some fruit and ice cream to help the cake along and practically no vestige of the feast remained, the unsuspecting Captain came upon the scene. There was a rush and a scamper and a babel of voices shouted out, "Oh, Captain Donnelley, we're having such a good time at your birthday party!"
Orpheus and his lute, David and his harp, Donnelley and his dog! These are inseparable associations, and so fine and historic an animal is "Brownie" that the newspapers devote write-ups to him just as if he were a regular celebrity or something like that. He is now guarding the chicks on a ranch and is making a dandy truant officer, so the Captain tells me.
The Captain is a thinker, too. A short time ago he wrote a series of articles for the Reno Gazette, dealing with psychology. I was particularly impressed with a fact which he made to stand out clearly above all others and which would vitally affect society as a whole if it were to be universally carried out. It is the substitution of an indeterminate sentence for the definite one which now prevails. "No judge can determine in advance when a prisoner is fit to return to the community," he says; and in the same way we release the inmates of an insane hospital as soon as we think them sufficiently recovered, he believes we should release the criminal as soon as experts pronounce him fit to resume his relations with society.
The following is a copy of the verses which the Captain thought would help his co-workers to do things right:
"Did you tackle the trouble that came your way With a resolute heart and cheerful, Or hide your face from the light of day With a craven heart and fearful? Oh, a trouble's a ton, or a trouble's an ounce, Or a trouble is what you make it; And it isn't the fact that you're hurt that counts, But only how did you take it.
"You're beaten to earth; well, well, what's that? Come up with a smiling face, It's nothing against you to fall down flat, But to lie there-that's disgrace. The harder you're thrown, why the higher you bounce; Be proud of your blackened eye. It isn't the fact that you're licked that counts, It's how did you fight, and why.
"And though you be done to death, what then? If you battled the best you could; If you've played your part in the world of men, Why, the critic will call it good. Death comes with a crawl, or comes with a pounce, And whether he's slow or spry, It isn't the fact that you're dead that counts, But only, how did you die?"
And now we come to a pure Sagebrush Son who first announced himself into the family midst only a few miles away from Virginia City, Judge Langdon. His father had been a true pioneer of the Comstock Lodge, and so Frank was born with a "golden" spoon in his mouth.
However that may be, he went to school at Gold Hill, thence to St. Mary's College and finally passed the bar examination in 1886. Then he came back to Nevada, post haste, and established a law office in Virginia City and there he is to this day. Not for long, however, did he remain a private practitioner. He soon became a member of the Assembly, and District Attorney of his home County and subsequently was elected Judge of the County of Storey. And thereby hangs a "story."
While the Judge was on the bench a felonious murder was committed. Preston and Smith were the criminals arraigned before the courts, and Frank P. Langdon their Judge. Originally the trial had come up in Hawthorne, Seat of Esmeralda County, and when in the midst of the case the County Seat was changed the case was naturally transferred. Feeling ran very high, for the prisoners had many friends, and several anonymous letters, bearing a fear-inspiring skull and cross-bones sketched in blood-red ink, did the young Judge handle: needless to say without any fear or trepidation! A son of the sagebrush knows no fear!
At last the day for the final decision came. Some of those I have met who were present in the court room tell me that the atmosphere was highly charged and that many expected to see the Judge get a rough deal. But calmly, in clear ringing tones, he boldly stated his convictions, irrespective of the direst results that might follow; yet nothing happened. The men were condemned and the Judge is still residing in Virginia City, happy with his wife and six lively children.
Not only through the popular ditty have the Blue Ridge Mountains of Virginia become famous: their own natural beauty is sufficient to render them beloved by all those who have had the opportunity to see them or live amongst them. But it is also under the blue shadows of those Virginia peaks that many a good man was born and it is therefore a great tribute to Nevada, I think, that Judge Sanders has permanently made his home under the purple and gray shadows of the Sagebrush slopes.
He had been deputy clerk and librarian of the Supreme Court of Virginia, and during this time had taken advantage of the lore with which he came in contact to study the ways and byways of the law. Like unto hosts of others, for him too the Comstock Lode had proved a magnet, and in 1904 he hit the trail for Virginia City, Nevada. Then he trailed on, attracted by the Manhattan boom, and finally landed in Tonopah, the great silver camp. By this time he had begun to be known as a "big fighter" in the law world. His famous speech on the "Prospector" attracted considerable attention, and Nevada's sons soon found out that they had a real man in their midst. He was elected District Attorney of Nye County, and there never was a man more free from political prejudice or more ready to give every applicant to the Courts of Justice a fair and square deal. Cattle rustlers quaked and trembled at the name of Sanders as did I. W. W.'s; surrounding States never felt so very kindly disposed toward the Judge, as it was he who in a great measure was responsible for exterminating this disturbing element, or rather dumping it into other States, since it proved inexterminable.
Judge Sanders is married to a Wisconsin girl and has his home at Carson City, Nevada.
Dick Stoddard is a Reno boy through and through, and although his middle name is Cross, it certainly has nothing to do with his disposition, for he is most entertaining and genial. As a youth he attended the High School and the University, after a time taking the civil service. Then in the service of the railroad proper, he wandered around the coast for about four years.
Not content with this mission in life, he entered the law offices of a prominent firm of attorneys where he imbibed all the legal wisdom he could, supplementing his practical experience by theoretical study. In 1903, behold our Judge, a full-fledged advocate; in 1905 he was elected City Attorney for Reno. It was during his term that Reno's streets were first paved, the new City Hall built and the Truckee's banks spanned by the Virginia Street bridge.
A rather amusing story is told of how "they,"—his friends,—"put one over" on Dick, the "putting over," however, being to their mutual advantage.
The Judge, or rather Attorney, as he was then, had one of those "off" spells that all of us have at times. He had sniffed his fill of musty legal parchment for the time, and he decided that he would prefer a sniff of the sea-weed and brine; that he needed a tonic arid that no better could be found than "Ozone." So he packed his grip, gave his friends the "slip," as one might say, and skipped off to a California resort. And while this revered City Attorney was vigorously breasting the Pacific billows, and enjoying cooling breezes that brought in their wake reminiscences of Honolulu, and other lands that enchant the senses, his friends at home saw to it that Dick Stoddard got the title of "General" hitched onto his title of Attorney.
During his generalship there were several interesting "spats" between the Inter-state Commerce Commission and the railroads, but Attorney- General Stoddard was the right man at the right time, and I assure you that the State didn't have to suffer.
Judge Moran is another original son of Erin who has adopted Nevada and has been adopted by her. One could hardly say that he was born with a golden spoon in his mouth, for "Barney" Moran had anything but the "life of Riley" in his early years. Up and up he has moved along the checker-board, however, until now he has become a "knight," a real knight, for many a human being would still be in sore distress were it not for the Judge's kind heart and sympathetic understanding in the divorce court. Some have dubbed him "Papa" Moran; he is so fatherly they say. And as of course it is no sin to kiss a father, it has happened that some of the highly strung victims have ventured to embrace Papa after he pronounced those all-meaning words, "judgment for the plaintiff."
When he was only ten years of age, both his parents passed away and so about four years afterwards he crossed the "herring pond" in quest of a life of adventure. As far as variety is concerned, he had plenty of it, and some to spare, and it is all those hard knocks that have helped him to understand human nature as he does. Over in Cleveland he attended night school while working during the day as a machine-shop apprentice. Not finding this "job" quite to his liking, he tried tending the "traps" or doors underground in some of the coal mines. Soon his fancy changed again, and we find him engaged as a water boy on one of the railroads. "Tick, tick;-tick tick-tick," signaled the telegraph, and it was not long before young Moran became proficient enough to take a job as an operator.
Now why the nickname "Barney," you will ask. Thereby hangs a tale!
While working in the telegraph office, Tom Morau became infused with some of the electricity which charged the instruments, or so it seemed anyway. Now there were no less than four boys in that office who answered to the name of "Tom." So you may imagine, can't you, what, stampede there was every time the chief operator called "Tom." But don't imagine our Tom ever let anyone else get ahead of him. Although he was the youngest and probably the least in requisition, he was always "Johnny on the spot" before any of the Toms. To solve this dilemma which was first considered a joke but later developed into an unmitigated nuisance, the chief operator eventually said to Moran, "Say, Tom, in future you're Barney."
Under the tutelage of Thomas L. Bellam, who took a great interest in him, he did three years of general study. This whetted his appetite for more, and he consequently landed in Chicago and took a course at the Chicago College of Law. But not till several years later did he take his final degree and start practicing. Now our wandering little Irish boy is District Judge of Washoe County.
How seldom it is that we find anyone whose name is a real symbol of his temperament or profession. Often Mr. Stone will be a weak mollycoddle; Mr. Sharp, a phlegmatic butter-won't-melt-in-my-mouth sort of individual, or Mr. Strong, an "acute dyspeptic."
Somehow, the gentleman in question, August Frohlich, seems to have been a little more fortunate in that respect, for Frohlich in German means "merry," and I have yet to find a man who is more devil-may-care or happy-go-lucky, in spite of all his family responsibilities, than Mr. August Frohlich.
He was born in California, and at the age of seventeen found himself the sole supporter of himself and his mother. Since then he has held in turn almost every known variety of commercial position. Acting first as a fruit rancher, he then developed a passion for mining, at the same time pursuing a business course. When next we see him, he is exchanging smiles and general goods over the counter, his popularity winning for him afterwards the position of Postmaster and agent for Wells Fargo & Company at Crescent Mills. But he was young and restless, like so many of us have been, in one way or another, and two years are a long time. After running a stage line, doing a little bookkeeping and a few other odd jobs of the kind, he came to Reno and settled down for another two years to study at the University. And so on. The scene kept changing with kaleidoscopic rapidity until finally he found a congenial position in the Washoe County Bank, with the position of Receiving Teller. Political ambitions then began to take possession of this ever-progressive man, and he—was elected a Republican member of the 25th Legislature from Washoe County, receiving the highest vote of any of the twenty-seven candidates. In recognition of his ability, he was elected Speaker of the Assembly which was evenly divided, there being twenty-four Republicans and twenty-four Democrats, with one Independent. In his campaign for Speaker, the only promise he made was for a square deal. The proof that he had redeemed his promise was evidenced by his being re-elected Speaker of the Special Session which was held the following year. He was Director of the Reno Commercial Club, and surely the club spirit must be strong within him when you stop to think that he is a Mason, Elk, Moose, Druid, Woodman, and is active in the Y.M.C.A. At the present compilation, Mr. Frohlich is the owner of the Commercial Steel Company.
I have recently been told by a lady who is prominent in social affairs that his great function when a benefit of any kind is given in town, is to try to drown the unmelodious clatter of the dishwashing with his fine vibrant tenor.
Mr. Frohlich certainly enjoys popularity; his good humor and pleasing personality account for that, and thus Reno can surely be proud of such a bachelor, who all these years has defied lassoing.
"Railroad Day," the big day when Reno was put on the map, was also Norcross Day, for the day when the first Pacific train passed through this town was the one when little Frank Norcross passed into our mundane existence to take his place—with the rest of us mortals: when so to say little Frank was "put on the map." His parents had come out to California as far back as 1850, Norcross' father being engaged in mining, lumbering and farming.
Frank Norcross had his preliminary education at Huffakers, and had early evinced a literary turn of mind when as a comparative youth he received the degree of Bachelor of Arts. Twenty years later the University conferred upon him the honorary degree of Doctor of Law. He served a full term as County Surveyor of Washoe County and attended to Reno's old-fashioned lights, trimming them as he went along, no matter how severe the cold. One consolation he probably had was that unlike the other pedestrians he had an opportunity to warm those frozen finger tips. No mean advantage, I should judge, when the mercury sinks to zero and lower.
He taught in a local school for a year or so, then did some newspaper work for the Journal and Gazette and finally ended by practicing law, having graduated from the University of Georgetown in 1894. After that, promotion came easily. When he had been in succession District Attorney of Washoe County and Supreme Judge, he served for two years as Chief Justice, and so great was his popularity that he was re- elected without any opposition.
A very interesting fact about the Judge is that he won a thousand dollar cash prize offered by the "National Magazine" of Boston, for the best article in support of Colonel Roosevelt for a second elective term. But then, he was a great friend and admirer of the Colonel's and it evidently came to him easily.
It was mainly through his efforts that the Reno Free Library was established, for he had always been interested in educational opportunities. Apparently he had some difficulty, too, in persuading Andrew Carnegie that Reno was actually an inhabited town, and habitable at that. "Andy," like so many other Easterners, was a little skeptical on that score, thinking probably that the divorcees would not want a free library, and surely according to fame or rather notoriety, there was nothing else of any note or significance in Reno but divorcees, with the exception perhaps of the lawyers, and they no doubt had all the law books they needed!
Besides being a great lawyer, the Judge is also a good patriot, for he was a captain of the National Guard and took considerable interest in the State Militia affairs.
Judge Norcross is a member of several brotherhoods and societies, among them the Nevada State Council of the National Civic Federation of which he is chairman, and the Committee of One Hundred of the New York University "Hall of Fame," the business of which it is to decide upon those who are to wake up over night and find themselves famous.
Among the prominent Nevada citizens of the early mining days, are "Lucky Baldwin," C. C. Goodwin, James G. Fair, John W. Mackay, Marcus Daly and Mark Twain. Those who have not already done so would, I am sure, enjoy reading Mark Twain's "Roughing It." In this book he tells many interesting and amusing stories of his experiences in Nevada mining camps. I quote him as follows: "I went to Humboldt District when it was new; I became largely interested in the 'Alba Neuva' and other claims with gorgeous names, and was rich again in prospect. I owned vast mining property there. I would not have sold out for less than $400,000 at that time, but I will now. Finally I walked home—200 miles—partly for exercise, and partly because stage fare was expensive."
Again he says: "Perhaps you remember that celebrated 'North Ophir.' I bought that mine. You could take it out in lumps as large as a filbert, but when it was discovered that those lumps were melted half dollars, and hardly melted at that, a painful case of 'salting' was apparent, and the undersigned journeyed to the poorhouse again."
The following is one of the tragic incidents in the mining game. I think it must have been such an instance that caused the origin of the Western slang phrase-"Out of Luck."
"I paid assessments on 'Hale and Norcross' until they sold me out, and I had to take in washing for a living, and the next month the infamous stock went up to $7- a foot.
"I own millions and millions of feet of affluent leads in Nevada, in fact the entire under crust of that country nearly, and if Congress would move that State off my property so that I could get at it, I would be wealthy yet. But no, there she squats—and here am I. Failing health persuades me to sell. If you know of anyone desiring a permanent investment I can furnish one that will have the virtue of being eternal."
I think "Roughing It" was written about 1851.
If you knew Senator Huskey as I do, you would agree with me that the Senator is indeed Huskey by name and "husky" by nature. A more complete parcel of huskiness you never did see, nor a jollier, more cordial and better hearted could you ever wish to meet, for he has never allowed the musty parchment to dry up the finer faculties of his sentiments, and he can appreciate a beautiful sunset, a fine verse, and in fact all Nature's beauties, and yet be the big man and the great lawyer he is.
Then too, the Senator is an enthusiastic sportsman and plays a splendid game of hand-ball. I have known him, for hours on end, to pound at the ball at the Y.M.C.A. as if his very life depended upon whether he had hit it a hundred or a thousand times in an afternoon; as if he would be shot at sunrise if he fell below the mark. But in college days, his strength ran to his feet. He was known as a powerful kicker, and woe betide the man who would try and act as a buffer between his feet and the ball.
And now let me tell you about the Senator's early life. He started his career on the farm, for his father was a school teacher, and you will agree that—a family of fourteen is a rather expensive kind of brood to rear. And so, some of those fourteen chicks had to hustle and fence for themselves as soon as they could. Among the little Huskeys was Walter. It is thus he graphically describes some of his reminiscences:
"I was a cracker jack at cutting corn. Father and brothers could beat me at husking, but somehow or other I was good at cutting. And some days I could cut as high as twenty-six shock in a half day. Finally I had accumulated a little fund and decided to brace myself for a talk with the college professor in charge. I was the greenest thing you ever saw, and they called me 'Lengthy,' for at that time I weighed only one hundred and thirty pounds."
The title of "Senator" has since done its historical duty, for the once "bony laddie" now turns the scales at 250 pounds.....
After that, the college professor paid young Huskey's parents a surprise visit, as a result of which we find the boy at work at a preparatory course in the Wesleyan University, Kansas. Within two years, through assiduous perseverance and keen enthusiasm for his work, he was able to teach in the country districts. For a decade he taught the younger generations how to shoot, and thus eked out a fairly moderate living, for the pay was not staggering by any means, nor was it like Huskey to forget the folks at home.
In La Porte, Texas, whither by this time he had wandered, they offered him the principalship of the High School. "They gave me," I heard him say one day, "one hundred dollars a month, and I thought it was the biggest salary in the world."
Then he realized that it was almost impossible to convert a mint of knowledge into a mint of money, even as a principal, so he struck out vigorously for law, took a special course at Stanford University and received second highest honors. Shortly after he landed in the "big little city" of Reno and entered into partnership with Charles R. Lewers, who had strangely enough been His professor at Stanford University and who evidently held his erstwhile pupil in very high esteem, in thus throwing in his lot with him.
In 1906 Huskey was elected by the Assembly of Nevada, and in 1914 by a very flattering majority was sent up as State Senator for Washoe County. As a law maker, he had proven his worth on more than one occasion, for not only is he a Senator with a brain, but also a man with a heart. The passing of the Employers' Liability Act was due directly to the Senator's spirited persistence. He lost the Southern Pacific contracts through it, but he did not care.
One of the real romances of the divorce world is the Senator's second marriage, and the present Mrs. Huskey is exceedingly charming and interesting, and a splendid horse woman.
An amusing incident is told of a little political difference of opinion between the Senator and the suffragettes about a remark which this worthy gentleman let forth in an unguarded moment. You should have seen the sparks fly and the fire flame up! In fact, it gave me considerable pleasure to be able to announce at the moment of writing that Senator Huskey's golden crop of curls was not singed beyond recognition and that his eyes were still steel blue and not black. This is how the conflagration started:
At a conference in Carson City between the City Council and the Washoe delegation, the Senator, who put in a rather tardy appearance, is reported to have said to the other members: "All the ladies who came to Carson on The Cat Special' are waiting for you upstairs. I'm going to a show. Anything you do is all right for me."
Miss Anne Martin, the president of the Women's League, did her best to put a favorable interpretation upon this very questionable term of endearment by saying that probably the Senator meant that they were as undrownable as cats, who are reputed to have nine lives, and that this persistence was getting what they wanted. That was all very well for the "mild" cats, but the spit-fiery ones were not so easily satisfied. One of them sent him a letter addressed, "Mr. H. W. Meow Huskey, Senate Chamber, Carson City." Others still more vindictive pasted a picture of a large tomcat, hunched of back and bristling of hair, right next to the Senator's campaign picture which already decorated the middle of the Truckee. Under it was written as large as life, "THE HUSKEY TOMCAT." Needless to say the whole town of Reno turned out the next day to enjoy the joke, and among them was the Senator, who enjoyed it as much as anyone.
There is a strong rumor abroad that the Senator is to be a likely candidate for Governor: I certainly wish him every success. If a comprehensive knowledge of the law, a vigorous prosecution of the principles of Justice and a big heart are attributes that count, then the Senator stands the greatest chance to win the fight.
Maurice Joseph Sullivan, Lieut.-Governor: No mining, no teaching, no law! This sketch is of a thoroughbred business man, who after graduating from the Polytechnic High School in San Francisco, joined a large wholesale hardware firm as a start in his career. Here he got some pretty "hard wear": those preliminary knocks that rub off all the rough edges and take with them some of the glamour of life..... However, Maurice Sullivan didn't have as many rough edges as most young fellows. He was good looking, popular and unspoilt—a phenomenon rarely come upon—and being ambitious it was not long before he had set up in Goldfield under the style of the Wood-Sullivan Hardware Co., selling hardware with lightning rapidity, just as if it were the easiest ware in the world to dispose of.
Then one fine day Sullivan developed into a full-blown philanthropist. Each little baby visitor born into the camp of Goldfield was donated a big silver dollar, by way of encouragement to stay. And they surely did stay, those "Dollar Babies."
In 1914 he was elected to the Lieutenant-Governorship, and an amusing anecdote is told of how he became "peeved" when he discovered that several of the house members were playing "hookey" in order to avoid voting on a bill, and sent the State police after them. How many of the culprits were collared and brought back I was not told, but I am inclined to think that it was the good round figure "nought," for the bill was scratched and the Lieut.-Governor fumed in vain.
Mr. Sullivan was Lieut.-Governor during my stay in Nevada.
Senator Morehouse.... One does not often in a lifetime meet a person born on April Fool's Day, and, usually when one happens to come across such a butt for mirth he will probably try to pass it off by telling you that the day of his birth is the last day of March, or something similar. I have known scores of people born on the 28th or even the 29th of February, but Senator Morehouse is the first one I have met who has the courage to face the world, and boldly announce the fact that he is an April Fool's child. But then, the joke is on the original April Fool, for the Senator has fooled him by being one of the brightest men of the State, and certainly its most gifted orator— the Demosthenes of Nevada, in fact. Surely a true son of April Fool should stutter and stumble, and stammer and shy in the most pitiful manner. Well, anyway, the Senator can always have the consolation that he has "put one over" on Father April Fool.
Way back, in the days of "Mobile Bay", young Harry Morehouse, then only a lad of seventeen, fought for his side until he could fight no more. Then the Sisters of Mercy had to mend the ravages of that unnatural fight, and for seven months Harry had a little holiday lying on his back. No sooner recovered, the rover spirit seized his feet and round he came to California, by way of the Isthmus, where he acted as "a sort of reporter," until he had eked out enough knowledge to teach in the grade school. Thence he started on the law path, from which he emerged most triumphantly, and after practicing in California struck out Renowards in 1913, where he was associated with the late Judge James G. Sweeney, who but recently passed away.
By nature the Senator is mild and gentle, and always ready to lend a helping hand to a fellow traveller. I have had the pleasure of meeting him in private life, and have always felt impressed with those perfect manners, that pleasant voice and those kindly words. Although one of the newer Sons of the Sagebrush, he is surely one of the most acceptable.
Governor Emmet D. Boyle has the distinction of being the youngest governor into whose hands Nevada ever thought it safe to entrust her well-being. He is none of your gray-beards, stolid of thought and sluggish of action, but a young politician (his real profession is mining engineering) with a wealth of experience, and plenty of good common "horse sense."
His mother was a literary woman, and from her he learned to find a friend in books. As for his father, he was one of the most prominent mining men of the Comstock, and as a lad the governor-to-be had already acquired an extensive knowledge of mining, surveying, assaying and milling.
At sixteen he joined the University and became a member of that most select of fraternities, with that weird-sounding name, Phi Kappa Kappa. He had specialized in mining at college, and upon graduation left the State, and engaged in several mining enterprises in British Columbia and Mexico. Then when his father passed away, he returned to Nevada and was offered a position as State Engineer.
In 1915 he was made Nevada's Tax Commissioner and he traveled the State far and wide, gaining both fame and popularity.
At college the Governor had distinguished himself considerably in the sporting arena, and he was known to be a particularly strong man when it came to kicking the ball.
"Once a sport, always a sport!" If this spirit does not have the opportunity to show itself in active practice on the field of sport, it will nevertheless make itself felt in one's relations with men on the field of life, and so we have in Emmet D. Boyle a practical man with a vast knowledge about Nevada's foremost sources of success, with a true appreciation of the booklore of our ancestors, a keen eye and the love of fair play of the true sportsman.
That he has a kind and humane heart can be judged from the fact that it was he who was responsible for the re-introducing of the six months residence law. Why should two people be forced to live together in distrust and misery any longer than was absolutely necessary? And so he worked as best he could to shorten that time, as much as the statute would permit. He succeeded, and thanks to him, several people have had their happiness given back to them.....
I had the honor to meet the Governor on a number of occasions and always found him so simple and unassuming that I could hardly realize I was conversing with the man holding the highest position in the State, as if I had known him for years.
The leading man of the State should have a charming wife! The Capitol would indeed be a desolate place without a hostess to entertain the Governor's colleagues, and apparently Governor Boyle has made a remarkably good choice in Miss Veda McClure, for she is extremely popular and takes a great interest in the Red Cross work, which is making such splendid strides all over the State.
Let me here relate to you a most amusing incident which occurred to the Governor some little time ago.
It was a State function and the dinner was scheduled for eight o'clock sharp; but it was not on time, and you shall hear why. At a quarter to eight, when his dress suit had not yet put in an appearance from the tailor's, the Governor sent a search party after it and waited, as patiently as circumstances would permit, for the delinquent "fine feathers" to blow in. By eight, he was a little more than uneasy, but it didn't help any. Suddenly, on the domestic horizon appeared a weird-looking creature! A human being, apparently in a state of frenzy over some terrible catastrophe. It was the tailor! "Here," he whispered, almost in tears, as he handed something to the outraged head of the State, "these ain't yours, but you'll have to wear 'em; yours someone else is wearing."
And he wore them.... But, the tale runs, the Governor looked——He certainly did establish a precedent at that dinner. Mockers say that Judge Pat McCarran ran a close second, because his Excellency is lean and lank, while Judge McCarran would make two of him one way, and almost half of him the other, and because what happened to Governor Boyle had also happened to Judge McCarran that very night.
Fred, de Longchamps... As a youngster, when playing amongst the rabbits and brush on the south side of the river Truckee, Fred, de Longchamps, like most youngsters, built many a castle in the air. Later, those castles descended literally from the air to the earth, for little Fred became a great architect, and now I am not surprised when I think how often I have admired those beautiful villas, which are strewn in such profusion all over Reno.
When at Reno University, de Longchamps did the pen and ink work and other illustrating for the "Artemesai," the University publication. Mining, too, seemed to have a certain fascination for him, and in addition to his course in building, he gained considerable experience in mining operations. Then came the toss-up. Mining won, but wasn't strong enough to hold out, and thereupon, behold him returned to his old love.
Do you see that fine modern looking structure over yonder? It is the Court House, without which Reno would not be Reno, and it was Mr. Fred, de Longchamps who conceived and built it. The Y. M. C. A. Building, The Nixon Bank Building, all these and more, are the splendid achievements of this brilliant young architect, who has helped in such a great measure to make the City of Reno as attractive as it is.
It might also interest you to know that the Nevada Buildings at the San Francisco Exposition were erected "on the originality" of Fred, de Longchamps, and though their cost was comparatively small, they compared favorably with any State buildings on the grounds.
Senator Nixon.... Although a native of Texas, Senator Nixon's life is essentially a Nevada Romance. He started on his career as a simple telegraph operator, and then migrated with all the Nevada immigrants in the boomy days of the goldfields. It wasn't exactly "open Sesame" and then a fortune. It was perseverance that "did the trick." But it made a mighty good job of it, for at the time of his decease in 1912, the Senator was worth several millions, and his beautiful residence situated at the top of a hill on the outskirts of Reno is said to have cost no less than $200,000. It does seem a pity, however, that as soon as a moderate sum of wealth is accumulated-with but few exceptions- there is a hankering to desert the State of Nevada in favor of some more populated, but surely not sunnier clime. And so young Nixon took his father's millions to the adjoining State of California, and Nevada knows not of them.
Often I have felt that there was an analogy to the generous, self- sacrificing Mother Earth who gives all of her life and energy to nourish her sons, and who in reward receives little but slights and neglect.
Frank Golden..... While writing of the Sons of the Sagebrush, we must not forget Frank Golden, Jr., who is a native son of Nevada, and one of the youngest hotel managers in the West, having become manager of the Golden Hotel at Reno when he was about nineteen. Mr. Golden's father built the Golden Hotel in 1901. He died in 1911, at which time the management was taken over by his son. The hotel was burned down in 1916 and reconstructed under the supervision of Frank, Jr., with the result that it is now perhaps the most beautifully equipped, best run and most modern European hotel in Reno, or in the State of Nevada, for that matter.
Apart from being one of the youngest hotel managers in the West, he is also one of the most popular.
Frank Golden was among the first to answer his country's call and served in France.
THE END |
|