Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1909-11-20
CHARTZ HAS
HIS SAY
Attorney Chartz Desires to Have
Something to Say About
the Bank Case

Editor Appeal:-The proceeding
going on between the Receiver of
the Nye & Ormsby County Bank and
the Directors of the First National
Bank OF Carson is a proceeding to
ascertain what interest has the Nye
& Ormsby in and to the First Ma
tional. Mr.. Boyd stated to tae Court
yesterday hat he could prove that
fact by the books alone. He has
been and still is in the possession
OF the books of the Nye 4 Ormsby
for many months, and about six
weeks ago or longer, while Receiver
Hall was tesifying withreference to
the report he last flied. I offered him
every opportunity. during office hours
to examine all books and papers be-
longing to the First National relat-
ing to its affairs with the Nye 4
Ormsby. Nearly every day during
the examination going on and some,
times several times a day. | have
repeated the offer, and Mr.. Boyd,
representing the Receiver, stands
mute. although he claims that he
must prove everything from the
books.
I have objected to the entire pro-
ceeding because it will entail an eX-
pense of a bout $1,000. which the de-
positors of the Nye e Ormsby may
have to pay. although | have given
notice that I will object to its pay
ment upon the ground that every
fact sought to BE elected must be
obtained from the books. and | have
repeatedly welcomed the Receiver to
investigate the books. hav eobjected
to the Introduction of hearsay test
monv and mere street, m or
tentative agreements which were
never executed. 7 have objected to
the Introduction of any testimony
| except the testimony that relates to
the affairs of the Nye & Ormsby as
may he revealed by the books of the
First National or any paper in It's
possession, and | have objected TO
giving the names in open Court OF
merchants and citizens of Carson
who have borrowed money from the
First National. because the same
would be incorporated in the record,
. subject TO inapccti>A by anyone ask
ing to see the record. whether tae
/ same Woo published in the news
papers or not. Suppose yourself or
any business mar in Carson were
to publish the act that a certain
merchant had o paid his last
months bill. How long could such
person continue business? A bank
occupies exactly a similar position.
1t must protect everyone with whom
II deals a nd protect their accounts
from the view OF their ~neighbors'
and particularly from the view OF
lawyers. was attorney Tor the
| State Bank and Trust Company Tor
a long time, and | have never looked
into such accounts in my life, ana
I have never asked to look. and II
had asked | am satisfied that Mr..
Davis, the cashier. would have per-
emptorily refused, and | would have
! been trsunced, as | should have been.
It is not a sacred matter-it is a pure
I business proposition. No merchant
balls out or advertises the names OF
those who are indebted to him. and
no bank wants such matter made
public whether in court or out OF
court.
The interest of the Nye & Ormsby
in and to the First National Is
! easily ascertained. All there is to do
is to look at the debit and credi
accounts of the two banks as they