Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1913-05-09
Attorney General Charges WiIdes With Fraud
Asks to Set Aside Court Order Granting Salary
MOTION IS ALSO MADE ASKING
TO SET ASIDE ORDER GRANTING
SALARY RECEIVERS ATTORNEYS


Bank and Trust company, perpetrated
fraud upon Judge Frank Langan OF
the Carson District court in obtain.
ing an allowance for salary, Attorney
General George B. Thatcher and At
torney william Forman. who have
been conducting an investigation into
the affairs Of Wides. have filed
motion in the Carson district court
10 set aside the order allowing at
torneys fees to the receiver The
motion was filed late yesterday
A second motion was filed asking
that the order OF Judge Langan allow
ing attorneys fees to the extent OF
$4,000 to Mack, Green and Heer
also be set aside for the reason thar
the attorney generals office was not
notified by service OF any action filed
or instituted by the bank receiver
Ii " asserted that such notice should
have been given as the receiver was
appointed to his position through le
gal action
The motion TO set aside the order
allowing salary for Wildes viii prove
Of general interest and is herewith
included in full:
Now comes the above named plain
tlff by its attorney general and moves
the court to set aside. annul and va
cate order heretofore made on the
eth day OF March. 1913, allowing and
fixing the compensation OF II. L..
Mildes, as receiver OF the State Bank
and Trust company for the following
reasons and upon the following
grounds;
/. That notice OF the presentation
OF the petition or notice of motion
Tor order fixing the compensation OF
the receiver was ever given or served
upon the plaintiff herein or upon the
attorney general OF the state Of Ne.
yada, nor was there any appearance
therein on behalf OF the plaintiff
herein, the state Of Nevada.
?. That IL appears from the petition
OF the receiver for said order fixing
said compensation and from the order
made By the court In pursuance there
OF that the entire time, attention and
energy OF said receiver was consumed
and given TO the duties of said re-
ceivership since the appointment Of
said receiver on May Is, 1908; when
in truth and In fact for period OF
nineteen months from and after the
18th day OF May, 1908, said Frank l..
Wildes receiver herein, was also dep
uty state treasurer of the state Of
Nevada, and during said nineteen
months was allowed and received
from the state OF Nevada salary at
the rate OF $4,000 per year ms such
deputy treasurer, or total for said
nineteen months OF $316665.
3. That the court upon the hearing
OF said petition for an order fixing
the compensation OF said receiver
and upon the evidence adduced there
at, found that as a matter of fact "the
income from the real estate of the
bank has practically paid all expen'
ses of the receiyership. When this
real estate came into the hands of
the receiver, Including the Tonopah
and Goldfield banks buildings, II was
largely vacant and untenanted, With
careful attention and effort these
ing tenants, and have been made not
only self sustaining. but show a prof
II equal to if not greater than the
expenses OF the receivership;" when
in truth and in fact it is shown on
the reports OF the receiver on file
herein that the gross income from
all the real estate up to February
Is, 1913. is and was over S93,4b2. 5
and that the maintenance and eX
pense paid out on behalf Of said rea
estate is and was $62 2,056.05, exclus
i've OF taxes, leaving net income
from all of said real estate the sun
OF $3l, l,396.40. from which said ne
income the taxes paid on said rea
estate should be deducted. said re
ports showing that the sum Of $12
57456 has been paid for taxes, bu
not showing what amount was pai'
upon the real estate. Whereas it Il
shown and appears from the repor
Of the receiver on file herein tina
the total expense Of the receivership
exclusive of expense chargeable t
maintenance and expense on real es
tate is and was the sum Of $l45
O49.S1, leaving balance Of eXpens
OF said receivership over and aboy
the net income from said real es
tate the sum of $114,653.21, and bein
nearly four times the net amount
the income from said real estate.
4. That the court upon the hearin
OF said petition and in its decisio
and order based upon the evidenc
adduced at said hearing found tina
Notwithstanding the fact that tn
original assets coming into the hand
OF the receiver are practically intaC
ana OF far greater value than whe
lie received them, he has paid owe
TWO hundred thousand dollars in div
uends over and above all expenses;
When in truth and in fact, as show
oy the reports of the receiver on III
herein, only $3.50, ,46O.34 In dividend
nave been paid; that there remain
9ne and owing depositors declare
ulVldends amounting to $32 1861
mat there are allowed outstandin
ana unpaid preferred claims and iud
ments amounting to the sum of $40
4ol.ss or total liability of $63,22S.1
ana by his reports II is shown thI
oh the 18th day Of February, 1871