Page 5 - Traverse 50.3

The location. The considerations made before accepting or rejecting
local control and the accompanying documentation of the deci-
sion are discussed.
Editor’s 1993 v2:

Corner A great article by the always insightful readings of Donal A. Wil-
son, PLS, titled: Do Monuments Always Control Other Description
Elements? This is a multiple Reprint article from multiple asso-
ciations, but it is still a great read. As one of the first rules of law
By: Trent J. Keenan, PLS learned by surveyors is the order of conflicting elements. Simply
this set of rules and its supporting case law states….. Give this one
a read; you will not be disappointed!
We continue with our Nevada Association of Land Surveyors’ 50
th
Anniversary Year and another Living Legends Edition! 1993 v3:
Bell v. Jones: A Case of Negligent Certification and Standards. This
Welcome to Fall 2023 and another Living Legend Edition! I love is an article by Wendy Lathrop, and it provides a little history of
putting these editions together! It allows me to look back at some the case. The story of Bell V. Jones took place in the District of
of the true legends of our profession and within our State! And Columbia, but its outcome affected every practicing Surveyor in
again, this one is no exception. Carl R. C.de Baca, PLS, a Nevada the United States. The final court opinion addresses standards,
Living Legend, has made significant contributions to the land sur- certifications, and reliance upon the work of a professional.
veying profession in Northern Nevada and Northen California for The case also stands as an excellent argument for the establish-
many years through his extensive writing, expertise, and dedica- ment of careful business practices, including the use of contracts
tion. Over nearly three decades, Carl has helped NALS become a and clear communication with clients.
strong association. Through our years together on the board, we
both were challenged with running the association with no execu- 1993 v4:
tive director, just the board working together to make things hap- Just as the last article above talked about the reliance upon the
pen during those down years in the economy. Carl was the first to work of a professional. Look at this edition and read the article by
step up in 2015 when Terry McHenry retired after 24 years as the Ron Burgess titled: A Surveyor Does Not Insure the Correctness of
editor and continued the award-winning publication that NALS His Works. This article is a must-read for any surveyor confronted
has been none for all these years. Carl’s passion and dedication to by litigation. Be sure to also read Yellowstone Basin Properties,
Great Basin College will be hard to match, as you will read later in Inc. V. Burgess (Montana 1992) - Did the District Court correctly
this edition. determine that defendants did not breach the standard of care
they owed as Registered Land Surveyors?
Carl is exceptionally well-loved within our profession and has
given back so much through his teachings, leadership, and pas- 1993 v3:
sion! THANK YOU, Carl, for everything you have done for NALS! There is a very interesting read on Surveyors and the Sherman
(There is a lot more to read coming up!) Antitrust Act! The article briefly overviews the events leading to a
plea by the Northwest Chapter of the Arkansas Society of Profes-
Historical information of note from the 1993 Publications: (NALS sional Surveyors pleading guilty in the United States District Court
20 Anniversary year) of Arkansas to one count of violating the Sherman Antitrust Act,
th
i.e. Price Fixing.
1993 Officers
President: Richard A. Stinchfield (Charter Member) That article is then followed up by an Article by Kund E. Herman-
Vice President: Jerry Sligar sen (who also has a couple of new articles in this edition 30 years
Secretary: Michael D. Bushelman later) about: Beware of Price Fixing! It provides several lessons
Treasurer: Brett N. Lane learned from the indictment and subsequent plea agreement in
the Arkansas case.
State Directors
Bill Coleman, Jack Holmes, Michael D. Bushelman, James Stacy, 1993 v2:
Steven L. Youngberg, Stephen Gurlides. Here is one of my favorite Letters to the Editor I have read in all of
First off, I highly recommend going back and reading all four of the the Traverses! I sure do love reading all those words that Walter L.
1993 Nevada Traverse Editions. There is so much GOLD in these 4 Neitz put on paper for us over all these years! So insightful!
editions it is really hard to pick only one thing from them. How-
ever, here are a couple of topics I think are worth reading! Dear Terry:
Secondly, as the Nevada State Board of Professional Engineers Many memories and recollections are going through my mind on
and Land Surveyors is working on some proposed changes to NAC this 20th Anniversary of the first formation meetings of NALS.
(to be released at a later date), there are some great articles to go Through the years a great many changes have taken place in the
back and read about local corners and evidence acceptance. surveying profession, and a lot has been accomplished by the
membership of NALS. Those of us who remember the days of the
1993 v1: transit and steel tape, the days of the pencil, peg book, function
Article by Dale C. Wilson published as a Reprint from the ACSM tables and the Curta calculator marvel at the technological ad-
Vol 51 No. 4, December 1991 titled: Does It Fit? This is a great vances. While techniques have changed immensely, the role of the
read about during a resurvey, the Surveyor must often rely on a Surveyor has not. He (or she) is still a “finder of facts and an expert
wide variety of evidence before determining the original corner in measurement’. The role the Surveyor CONTINUED ON NEXT PAGE u

The Nevada Traverse Vol.50, No.2, 2023 3