Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1913-08-02
Answers Charges Filed by Attorney
General. Report Was Asked for
by the Governor. Makes a Com
Dlete Review of the Case.

I Would the Attorney-G General HIM
self expect ME to enter judgment Of
fraud against him without giving him
! a chance to defend himself?
I II does not seem necessary to urge
! that a fraud may only be established
in court of law or equity by compe-
tent and convincing proof by way of
! evidence No court in the world will
set aside an order upon a mere asser-
ton; and for me to have in effect de-
clared the receiver guilty OF fraud
upon me, from the mere statement OF
| the Attornev-General, without any
evidence submitted in court in sup
| port Of his statement would have
! been unjust. illegal. unprecedented
cial power The receivers attorneys
vigorously urged the taking OF evi-
dence in support OF the Attorney
Generals motion setting up fraud, in
order that it might have been CON
sidered with the law points submit
ted They asked the Attorney-Gen-
eral i'll open court to submit his evi-
dence of fraud. They requested and
insisted that he produce his evidence
| that the whole matter be submitted
| to the court for its consideration,
BUT THE ATTORNEY-GENER-
Al. REFUSED SO TO DO. HE
OBJECTED TO THE COURl
HEARING EVIDENCE BEFORE
THE LAW POINTS WERE DIS
POSED OF. HE DECLINED TO
SUBMIT ANY PROOF OF HIS
ASSERTION OF FRAUD AND
THE COURT WAS LEFT WITH
OUT ANY EVIDENCE WHATEV-
Err UPON WHICH TO BASE
ANY SUMMARY ORDER"
In answer to the matter where the
receiver and the Judge are censured
Tor not accepting the $4,000, as OF
fered by Mapes and Bender, the
| judge replies:
The receiver was most anxious to
accept the $4,000 and then proceed
! against Hickey and the other direct
ors. Just as anxious were Hickey 5
| attorneys that he should: for had
! he done so, the case being one in
/ volving joint liability of defend
| ants, would have ended against Rick
| ey and the others the moment the
| $4,000 was accepted and the order
OF approval made. In other words.
in case of this character the &C
ceptance by the receiver of an offer
OF settlement by one joint defendant
and the resulting dismissal against
him would have operated in the law
as a dismissal OF the suit against ev-
cry other joint defendant.
The Judge also takes up the trad
! ing OF accounts and the complaints,
! He cites the report OF Receiver
| Wildes on this score. and then refers
the Attorney-General to the 5000
pages OF testimony taken during the
trials, which lasted l37 days. He
emphatically denies any starcham-
| Der proceedings, and deals thorough
| ly with the settlement of the direct
ors by the payment of $4,000. He
reviews the testimony taken in court
relative TO fixing the salary of the re-
| ceiver. and in fact, the report sub
mitted to the Governor roundly de-
nounces the Attorney General for the
| statements that were made in his re-
| port The concluding paragraph
| reading:
! "Concerning the recommendation
/ OF the Attorney-General as to my re
moval or impeachment. | have no
comment to make at all. a man 5
dearest possession is his character
NV vindication is dearer to me than
office | am not afraid Of the truth
Neither do | fear that accusations,
unsupported by truth or proof will
mean the undoing OF any man.
Very sincerely,