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CLASH OVER CUSTODY NYE AND ORMSBY BANK Receivers Appointed by the Court Ignore Command of State Bank Commission who Desire to Place C. H. Phillips in Charge of Bank. That a clash is eminent between matters relating thereto,' I hereby make demand upon you that you surthe district court and the receivers of render into my custody and control the Nye and Ormsby County bank on all property and effects of the Nye one side and on the other the state and Ormsby County bank, including board of bank commissioners and the all real, personal and mixed property, bank examiner was revealed yesternow in your custody or under your day when Bank Examiner T. R. Hocontrol. fer, acting under instructions of the "Dated, Tonopah, Nevada, this bank commission, telegraphed C. D. 17th day of March, 1909. Phillips, former cashier of the closed "Respectfully, institution, to take full charge of the "C. H. Phillips." affairs of the bank in this city. The receivers upon receipts of the In conformity with the telegram order refused to turn over the propMr. Phillips served the following noerty and effects of the bank to Mr. tice upon the receivers appointed by Phillips and are still in control of the Judge M. R. Averill in the fifth juinstitution and state they will remain dicial court: there until excused by the court that "To John J. Mullin and Gilbert C. appointed them. Ross, acting as receivers under an A warrant was issued several days order of the fifth judicial district ago for Frank Golden, who is cited to court of the state of Nevada, in a appear to show cause why he should matter entitled 'In the matter of not be charged with contempt of the application for the dissolution court. of the Nye and Ormsby County This was served on Mr. Golden last bank, a corporaion, and the apnight at Carson. There is also a probpointment of a receiver thereof to ability that a contempt charge will wind up its affairs:' be placed against T. R. Hofer, the "You and each of you will please bank examiner, for attempting to intake notice that I am this day in reterfere with the duties of the bank ceipt of a telegram as follows: receivers. Mr. Phillips has already 'Carson, Nev., Mar. 17, 1909. been found guilty of contempt for re'C. H. Phillips, Tonopah, Nev. fusing to turn over the combination am directed by board of bank of the vaults, but the sentence has commissioners to take immediate been postponed. charge and control of the Nye and What action the bank commission Ormsby County bank, and its several will take now is problematical, but it branches. I appoint you to take is thought that they will endeavor to charge in my name of the bank and have their orders carried out, which its property at Tonopah. Answer and will result in the attorney general report. taking action for them in one of the 'T. R. Hofer, district courts in this state. 'Bank Examiner.' A prominent attorney of this city "Pursuant to the instructions conlast evening stated it was his opinion tained in said telegram, and pursuant that the bank commission was evito the authority conferred upon said dently pursuing the same tactics they bank examiner by the provisions of did when they were confronted with section 10 of the act of March 26th, the State Bank failure. That is to 1907, (statutes of Nevada, 1907) enpractically throw the handling of the titled, 'An act creating a board of bank back into Mr. Golden's hands. bank commissioners, defining their He further stated that as all the row duties, providing for the appointment has been caused by Golden it is evident that he is afraid to have the of a bank examiner, prescribing his duties, fixing his compensation, proreceivers proceed with their investividing penalties for the violation of gation and is doing all in his power the provisions of this act, and other to delay them.