Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1911-10-02
CONTINUED from Page one)


been materially reduced There is
owing to the depositors of the Nye
a. Ormsby County bank the sum
of 100000, according to the re-
ports submitted to me by Mr.. Lock-
hart and the sum of $4,000
been collected, out of which quite
an expense of legal expenses, trav-
cling expenses and court expenses
has been paid, aggregating the sum
of $17, 906.7S, that includes the
preferred claims The surplus over
the amount expended is $14,S6924,
over all the disbursements the sur
plus amounts to but $2794.07
The receiver, Mr.. Lockhart, re-
ceived from Mr.. Hall, his predeces-
sor the sum of $10S7.19 in cash,
leaving on the 18th day of Septem-
Der of this year the sum of $38S1.26.
in the hands of Mr.. Lockhart. AS
said before, if your services were
simply to be measured by the time
you gentlemen have put in and
devoted to this receivership estate,
unquestionably your services would
be worth $4,000; but there are
other matters to be considered by
the court in fixing your fee, that
is, when | say ether matters, |
refer to what you have accomplish
ed in the way of collections, what
you have accomplished for the re-
ceiver. You are about now, at this
time to leave the receivership, and
leave it in a somewhat chaotic con-
dition. ! mean by chaotic condi-
ton, number of law suits are
pending. a issue undetermined. Re-
Gently you had quite time trying
case in Goldfeld, the case of
Douglass against Thompson, Moore
house and Thompson and the re-
ceiver, Mr.. Lockhart. Now the
main issue in this case, the title
to the bank building, supposed to
be owned by the Nye and Orms-
by County bank is undetermined. All
of this litigation now pending and
at issue or on demurrer is to be
taken hold of by the next receiver
to be appointed by the court
through his attorneys. | have trieC
to be fair with you gentlemen
and ! believe | am, when I fiji
YOUR fee at the sum of $4,000. Yor
have asked me for a fee of $715(
and ! can assure you, if the Nyt
and Ormsby County bank was in
better condition financially than i
is, would have no hesitancy il
fixing your fee at $Pl50. | be
lieye you have earned it, but il
the condition | find the Nye an,
Ormsby County bank, / believe i
would be an injustice on my part
to allow you larger fee thai
$4,000. You may refer me to tn
fee | allowed James T. Boyd, i
there was not an Indebtedness be
tween Mr.. Boyd and the bank,
would not have allowed him tina
fee.
| am disallowing you certain tray
cling expenses Mr. Van Dyck wa
informed of my determination O
the first report, but notwithstandin
that, in Mr.. Lockhart's second re
pert he presented quite a humble
OF items for travelling expenses, an
| told him | was not responsible
for Mr.. Lockhart hiring an attol
ney who didn't live in Carson
and if he lived in Goldfield, | coul
not allow travelling expenses fror
Goldtield here, Therefore, ! hav
disallowed travelling expenses aggre
eating the sum of $1029S0, thos
are the specific items / disallowet
those are the different items | hav
disallowed and which | have spec
fically enumerated to the clerk, an
which he has in his record Yo
will have to verify this when yo
come to draw the order In vie,
of the announcement made in ope
court to Mr.. Van Dyck of my att
tude in this matter, it was his dut
to live here and lock after the re
ownership. | did not approve G
his living in Goldfield, and he di
so at his peril, and | cannot an
will not stultify myself in that re
gard. In the State Bank and Trus
case | refused to allow Judge Mac
or any member of that firm an
travelling expenses from Reno herr
and in the same manner refuse
to allow Mr.. Boyd his travelling e,
penses. | have refused the follow
ing items: $1,000 for clerical hir
of Mr.. Van Dyck; $1029S0 tray
cling expenses and Van Dyck an
Danforth fees, $3.50, amounting t
the sum of $3179S0.
see at this time no objectio
to accepting the resignation of M
Lockhart, conditioned upon his pre-