Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1909-01-09

brought against the directors of the
bank. If the supreme court should
hold that the trial judge had no jur-
isdietional right to appoint a receiver
the suit which he has brought will
fall of its own weight. In fact, every
suit already commenced by the re-
ceiver would meet the same fate and
his every act become invalid in case
it should be finally determined that
the receiver was without legal au-
thority to act.
Cheney, Massey and Price, Judge
Downer and ~Summerfeld and Curler
are appellants attorneys. represent
ing former Directors George H. Mey-
ers, p. H. Peterson, George w.
Mapes, Charles T. Bender. James P.
Woodbury. and s. l.. Lee.
This action is the most far reach
ing and vital move made in the af-
fairs Of the defunct bank since the
appointment of Receiver Frank l..
Wildes. Though it is impossible to
predict the outcome of such an ac-
ton, it is reasonable to suppose that
it was not brought without good rea-
son, On the part of the eminent and
experienced counsel associated, to an
ticipate either a successful issue or
to secure a delay. In either event
the interests of depositors is grossly
concerned. The purpose of the ap
peal is manifestly a step in the de-
Tense outlined, in view of the receiv-
ers suit filed in the first judicial dis
trict on the tenth day of November,
1908. That this suit would be
fought, in view of the breadth and
force of its prayer and the enormous
extent of the charges and losses
sought to be recovered from the for
mer directorate of the bank was ex-
pected as a matter of course. The
probable action of the parties at in
terest has been a subject of general
and wide spread comment with the
public in general and the depositors
in particular since it was filed. A
wide diversity of opinion has existed
as to the relative responsibility of
the directors and the former presi-
dent of the bank, for the acts result
ing in its suspension in October of
1907. The receiver and his attorneys
have been sharply criticized for not
taking into account this relative re-
sponsibility, since the complaint it.
self makes the distinction in no un-
certain terms. But the receiver has
brought many other suits in which
the depositors are vitality interested
He has paid a dividend and consum
mated business drafts involving the
securities and accounts of the bank
! without number. Brief contempla.
tion of the confusion COMPOUNDED
that would result from a granting OF
this appeal makes 1t an issue of para.
mount interest to the entire state oil
Nevada and to business interests faI
beyond its borders. Receiver Wildes
has been made the subject of the
states wide discussion, and his
every act has been subjected to criti.
cisim. His legal advisers have like.
wise fallen heir to widespread com
ment. Denunciation and praise, con.
fidence and suspicion are naturally
the lot of a man in his position and
those associated with him. Yet he
has been the instrument of a court.
the peoples last resort for an ac-
counting of moneys lost through the
instrumentality of a great and trust
ed bank-as such he was safeguard
ed by the strongest course known to
modern business methods. He was
under bonds passed upon and APP
proved by the courts. His acts and
his administration of the banks af-
fairs were and are matters that
might be easily checked and verified
by a competent authority. The peo-
pie are going to ask why this appeal.
Because he appeared before Judge
Langan, as legal representative OF
the State Bank and Trust company
when the state OF Nevada asked for
a receiver, the News asked Mr.. Sam
Plat of this city for a statement OF
his views on the extraordinary situa.
ton now presented. His statement
revealed a lack of unanimous action
on the part of the directors.