Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1913-08-04
Langan Replies to Thatcher
Maintaining His Integrity

Judge Langan has filed with Gov
ernor eddie his answer to the report
of Attorney General Thatcher.
BY way Of introduction Judge Ian.
gan disclaims all responsibility for
the affairs OF the bank prior to the
appointment Of receiver in the fol.
lowing language:
Il was in no way responsible
for the unfortunate failure OF the
State Bank and Trust company nor
for the public passion or prejudice
arising therefrom Neither directly
nor indirectly can any blame be
charged to me for the conduct of
that Institution prior to the existence
of the reeeiyership.
No Direct Accusation.
Nowhere in the report have
been directly accused of having TAX
en- or shared in any of the assets,
emoluments, properties or effects Of
the receivership estate or in any
salaries, fees. moneys or benefits de-
! rived by any one else, nor is there
single direct statement therein that
/ dishonesty or otherwise benefited
directly or indirectly from said es-
tate or the administration thereof"
. Judge Langan asserts that he re
fused to vacate the order complained
? Of by the attorney general, namely
an order allowing the salary of Frank
Wildes as receiver and an order al
I lowing the compensation of the at
! torneys for the receiver, on purely
] legal grounds. He quotes the records
7 of his court to show that the attor
! ney general refused to present an!
! evidence bearing on the issue RAISED
! by motion until the legal objections
of counsel for the receiver to hearing
! the motion had been argued II
! connection with this phase of tn
] controversy Judge Langan saws
: THE attorney general filed a pc
+ tition or motion for an order of tn
court to set aside the allowance mad
\ to the receiver for his services a
such A reference to this is foun
on pages Is and l6 Of the report I
denying the motion | stated as TO
lows q quote from my opinion.l
ID Holding the views as herein e,
10 pressed that this court is withor
nd power to entertain the motions to Vi
cate the orders fixing compensate
for the receiver and his attorneys
- FOR THAT REASON AND UPo
THAT GROUND ALONE, the m
- lions are denied
1T does not seem necessary
urge that a fraud may only be {
ldullsutu III a Guull VI low VI tq'
ma ty by competent and convinci
proof by way of evidence No cou
in the world will set aside an ord
upon a mere assertion; and for l
to have in effect declared the
ceiver guilty of fraud upon II
from the mere statement of the
torney general without any eyideT
Tue submitted in court in support of
statement would have been unit
Illegal, unprecedented and an
. worthy usurpation of judicial pow
The receivers attorneys vigorou
urged the taking of evidence in 5
port of the attorney generals mot
setting up fraud, in order that
tate might have been considered with
law points submitted They as
IDA the attorney general in open &C
. to submit his evidence of fraud T
requested and insisted that he
duce his evidence that the wi
matter be submitted to the court
a its consideration. BUT THE
u TORNEY GENERAL REFUSED
q TO DO. HE OBJECTED TO I
m COURT HEARING EVIDENCE
b FORE THE LAW POINTS WI
x DISPOSED OF. HE DECLINED
; SUBMIT ANY PROOF OF HIS
). SERTlON OF FRAUD AND ]
- COURT WAS LEFT WITHOUT
EVIDENCE WHATEVER VI
% WHICH TO BASE ANY SUNNI
pr ORDER"
Is Ready for Hearing.
that Further discussing the proceed
: re in which the attorney general ref
-. to present evidence before hea
the legal phases argued, Judge
sineh gan declares he is willing to g
. So the supreme court on the pointi
out volved in his decision
d 70 Judge Langan brands as q;
lutely and unqualifiedly false tn
torney generals statement that