Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1913-08-02

down from Virginia City. The trip
was made in order to personally de-
liver the letter of the Judge to Gov
ernor Oddie. which explains fully the
action OF the Judge in the State Bank
matter, wherein he was accused of
wrong doing i'll the administration Of
the affairs by the Acknowledgement
and the committee which has the
matter in hand.
The Governor gave the Judge A
chance to file his letter in answer to
the charges made by the Attorney
General, that he might review the
same and also be given a chance be-
fore the public. The letter has BEEN
twenty eight pages, which carefully
reviews all phazes OF the affair since
the failure OF the bank. The letter
in part states:
The Judge first states that he was
in no way responsible for the failure
o fthe bank, nor for the conduct CT
its affairs before the reCelvershlp ap-
pointment: that if the Bank Examin
er was responsible for any malfeas-
ance that rhe Attorney-Eeneral
should have taken legal steps.
If there was any looting OF the
bank before its affairs came into my
court, | was neither directly nor in
directly responsible, declares the
Judge In commeting upon the re
port OF the AttorneyGe General and
commission the judge says:
"Nowhere in the report have |
been directly accused of having tax
en- or shared in any OF the assets,
emoluments, properties of effects OF
the receivership estate, or in any sal
aries. fees, moneys or benefits derlv-
ed by anyone lese, nor Is there SIN
gle direct statement therein that |
dishonesty or otherwise beneftte1
directly or indirectly from said es-
tate or the administration therot.
In reviewing his action denying the
motion to set aside the salary OF the
Receiver he says:
The Attorney General filed peti-
ton or motion for an order OF the
court to set aside the allowance made
to the Receiver for his services as
such \ reference to this is found
on pages Is and 10 of the report. In
denying the motion | stated as fol
lows: Il quote from my opinion)
Holding the views as herein eN-
power to entertain the motions to va
cate the order, fixing compensation
for the receiver and his attorneys
FOR TIL AT REASON AND UPON
THAT GROUND ALONE, the mo-
! tions are denied
! 1T has been urged that because the
motion among other things declared
| that fraud had been perpetrated by
the receiver that it was the duty OF
! " when it was fled by the Attorney
General OF the State. 1t would in
deed be remarkable departure from
ali rules OF law. equity, pleading and
J evidence to hold that the mere as
|. scrtion of an individual (even though
| he be as important a person as the
| Attorncy-General of Nevada) would
| l'v suttic ent to establish fraud. Any
| creditor oi the estate could have tie |
motion to set aside the orders NJ
Oh inc ground OF fraud. The in,e,
! est ii It creditor i'll the affairs Of the
| bank Is at least as great and ilupo =
| list To- him as that Of the AIT rrey
Ccrtc1ai.
| "NiH the CHIEF law officer OF ne
state Il, lawyer. contend thlt Ii i
| creditor had come into my &C .rt
chorging fraud AGAINST the receiver
that it would have been my du,v =
have entered a Judgment of frau and
So. aside orders without waiting -
| hea~ proof of this assertion? AtoulG
| any man or woman charged with d
| fraud in my court expect me to al
! judge him or her guilty without giv
ling either a chance to be heard ,