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has been made by the First National Bank in San Francisco, and it has been materially reduced. There is owing to the depositors of the Nye & Ormsby County bank the sum of $450,000, according to the reports submitted to me by Mr. Lockhart, and the sum of $36,000 been collected, out of which quite an expense of legal expenses, traveling expenses and court expenses has been paid, aggregating the sum of $17,906.78, that includes the preferred claims. The surplus over the amount expended is $14,869.24, over all the disbursements the surplus amounts to but $2794.07
The receiver, Mr. Lockhart, received from Mr. Hall, his predecessor the sum of $1087.19 in cash, leaving on the 11th day of September of this year the sum of $3881.26 in the hands of Mr. Lockhart. As I said before, if your services were simply to be measured by the time you gentlemen have put in and devoted to this receivership estate, unquestionably your services would be worth $10,000; but there are other matters to be considered by the court in fixing your fee, that is, when I say other matters, I refer to what you have accomplished in the way of collections, what you have accomplished for the receiver. You are about now, at this time to leave the receivership, and leave it in a somewhat chaotic condition. I mean by chaotic condition, a number of law suits are pending, at issue undetermined. Recently ycu had quite a time trying a case in Goldfield, the case of Douglass against Thompson, Moorehouse and Thompson and the receiver, Mr. Lockhart. Now the main issue in this case, the title to the bank building, supposed to be owned by the Nye and Ormsby County bank is undetermined. All of this litigation now pending and at issue or on demurrer is to be taken hold of by the next receiver to be appointed by the court, through his attorneys. I have tried to be fair with you gentlemen, and I believe I am, when I fix your fee at the sum of $6000. You have asked me for a fee of $7150 and I can assure you, if the Nye and Ormsby County bank was in a better condition financially than it is. I would have no hesitancy in fixing your fee at $7150. I believe you have earned it, but in the condition I find the Nye and Ormsby County bank, I believe it would be an injustice on my part, to allow you a larger fee than $6000. You may refer me to the fee I allowed James T. Boyd, if there was not an indebtedness between Mr. Boyd and the bank, I would not have allowed him that fee.
I am disallowing you certain traveling expenses. Mr. Van Dyck was informed of my determination on the first report, but notwithstanding that, in Mr. Lockhart's second report he presented quite a number of items for traveling expenses, and I told him I was not responsible for Mr. Lockhart hiring an attorney who didn't live in Carson and if he lived in Goldfield, I could not allow traveling expenses from Goldfield here. Therefore, I have disallowed traveling expenses aggregating the sum of $1029.80, those are the figures I have here. Those are the specific items I disallowed those are the different items I have disallowed and which I have specifically enumerated to the clerk, and which he has in his record. You will have to verify this when you come to draw the order. In view of the announcement made in open court to Mr. Van Dyck of my attitude in this matter, it was his duty to live here and lock after the receivership. I did not approve of his living in Goldfield, and he did so at his peril, and I cannot and will not stultify myself in that regard. In the State Bank and Trust case I refused to allow Judge Mack or any member of that firm any traveling expenses from Reno here and in the same manner refused to allow Mr. Boyd his traveling expenses. I have refused the following items: $1000 for clerical hire of Mr. Van Dyck; $1029.80 traveling expenses and Van Dyck and Danforth fees, $1150, amounting to the sum of $3179.80.
I see at this time no objection to accepting the resignation of Mr. Lockhart, conditioned upon his presenting to the court those orders
