Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1913-06-09

Vildes rsceiver OF the state Bank /
and Trust company, Saturday denied
the motion OF the attorney general /
10 set aside the previous order Of
the court in allowing Wildes salary /
for duties supposed to be performed.
Arguments on the motion were sub
mitted several weeks ago and il was
anticipated such a decision would be
rendered. for Attorney General
Thatcher and Attorney William For
man, who are conducting the inyesti.
cation Of the affairs OF the receiver,
promptly filed bill Of exceptions
to the decision and will take the case
to the supreme court
Attorney Forman. who arrived from
Carson yesterday, declared the case
would be advanced on the calendar
By the supreme cougt and II is ex-
pected that an early decision will
result. Forman declared that suffi-
cient evidence had been unearthed
to secure the setting aside Of the
order in question, and as soon as
the matter was definitely settled the
Investigators would turn their atten,
ton to other phases Of the affair
Tonopah residents who have been
following the case expected such a
decision as was rendered by Ian
can 1t has been pointed out that
had Langan decided otherwise he
would be made to appear as having
been duped by Wildes which would
have injured the Judicial dignity
Throughout the past six months that
Wildes has been under fire, Langan
has constantly declared all actions Of
the receiver to have been regular
and on account Of these repeated
assertions 1t could not be expected
that the decision would be otherwise
than in favor OF Wildes
The decision as rendered by Ian
gan reads as follows:
In the above entitled proceeding
two motions have been addressed to
this court-one motion by the
paintiff to set aside the order here
tofore made by the court on the 9TH
day Of March, 1913, allowing and fix
ing the compensation of Frank l.
tWildes. as receiver Of the state
Bank 4 Trust company-the other
.moiion by the plaintiff, to set aside
aud Haeate the order heretofore made
81 the court on the 9th day of No
@mber, 1912, fixing and ALLOWING
q unpensation of the attorneys fol
IN. receiver of the State Bank &
Tn @ company.
N Amerous grounds are assigned
whv tle order fixing the compensa
tlon q { the receiver should be yaeat
ed as NEewn by the notice Of motio
to sat tside the order.
Couns. I representing the receive
has into, posed number of lega
obiactions 60 the hearing Of the mt
lion ~ so aside the orders fixn
the reoaty., = compensation and a
tornav,s fees The principal objectio
being mot n ere IL no moving part
in tbis coao :, " the reason that whe
final judgment was enlsleu p'"o''
the state Bank 4 .! Trust company int
liquidation, and receiver appointt
the attorney gen, sra Il ceased 10
attorney in this CT lse, that the luu
ment ordering the ban X INTO hqn'u
ton being final !, ldgn. eht' the sta
was thereafter boun d to take hot''
of all proceedings a, nd heA ice no ~
ther notice was requ ired to De s'N'
to the state.
Il cannot take tn 2 posith III III
no notice of the hear ing of tn pe
tion to fix receivers and atto 'he!
fees was necessary.
Nor do | adhere to the staten
OF counsel that when the court q
clared the State Bank and Trui
company as bank unsafe to co
inue business and is sued an in1un
ton preventing it from carrying
any further business that the sta
and its attorney gene raj had no Ion
er anything to do with the liquid
ton of the bank and had no interf
therein.
am of the opinion. howev
when the final Judgment placing
bank into liquidation and appointi
receiver was made, that the ST
no longer had such an interest in
proceedings Of liquidation as wo
entitle It or its attorn ey general
personal and written notice Of all