, 1877-10-16
Another Continuance Of the Otis
Application for an In
junction
Restraining Depositors from 8uing the
Stockholders In the State ct Al.
4 Ncw Idea Devised by Mr. Myers and d
Prominent Lawyer.
When the Tirat Raid Wns Made on the
hanks Funds.

Commissioners trial has made tt impossible f0r |
him to hear the question raised In regard to tho
right Of dcpositors III the savings banks to site
instead ot letting the Receiver
bring the suits against said stockholders and
place the proceeds Of such suits In common
fund for tho bcncHt OF the lcpostturs. Tho |
matter came up before Judge Williams Tester.
day morning In tho shape Of q request by
sicasfs. yonney, High, and Sherman that
tnastnuch as Judge Farwcl would he kept over |
at the County building for ut lcnst week |
longer, the question be heard by Judge Moores |
or some ottcr Ut the Circuit Judges. Nfr. High |
remarked that Judge Moore had expressed n |
willingness 10 hear tho question, and they wcro
anxious to lave the matter disposed Of before
pussIble that the other side might then seek to
takc default. lie did not nIsl, The matter to |
tc complicated By any, steps u that Kind.
Tne Court rcna,ksd tllat Jqd9g M19rn hs,' A., had
behalf u the Receiver, Of the Fidelity.
Mr.. Bonney eail hc understood TINT bill
had been fled against Judge Moore himself rs
n missed s by Judae @ wiliaint, and now Judge
M.orc Ind no objection to hearing aud deciding
the question.
Tie Court replied that that was 50.
delay until Judge Farwcll could hear the gucs-
tIom would prejudice the comtAatnauts There
was strong feeling among the Ccntlencn
assoc3atc. with him aRaifst taking this matter
before my other Judge than thc Judge bcforc
whom II llud been taken, and In Ills opinion i
could MT bc removed without the consent Of all
tile parties.
h1r. Bonncy said that Judge Farwcll would
probably he engaged for week. |is thought
he had a right to ask the Court 70 direct that
tic case bc heard before one OF tue common
law Judges on the ground that Judge Faswe!!'s
gau sn e. couy wc s .aea to + aze t
Gu before Judge MrAtlIstcr.
Mr.. Dall said IL had l'ecn claimed, With what
BE- considered s,ow e tt'unrh. ~ tug othes
thia same question, aud hc was not di.poscd 70
take any case bc!ore Judge who had already
decided the question adversely. lie waa willing
to bc very accommodating, but not to that e1-
tcnt.
atl. n1ou DENIED
that bis side had ibauc any such claim with any
triumph whatever.
III. Sherman remarked that tha other stdo
seemed 10 be perfectly willing to iaye the mat.
ter heard by anybody who couldn't hear II, and
ayrrsc to having 1t heard bY anybody who
could hear 1t. 1t would seen, that tllctr object
was to hare default taken: l:.,.,
Mr. Nun,lry then formally moved, ns Julgn
Farwcll was engaged md mt abc to lcar the
casc, IND US the Cnnrt was Interested In the
question, that tic Court direct TINT tic upplls-
ton be transferred to Judge AeAllistcF for q
hearing.
Mr. tirnnt objected to that.
Ar. 1!onney sahl II a1l sides woull conccfic
that Judge ScAllster lad ticclsied thc question,
Ills dec!si0n VIVA obviously The law OF tlle Court,
antl Judge Williams could make dec.s,on III
tic matter without further delay.
Sam Ashton replied that they were not pre-
pared to conccdr ai,y such thing. This court
was lust Us niuc! cnurt us the Circuit Court
Itself. The caae iad Gccn commenced before
Judge Farwcll, anu could not he takcu clse-
wIsere without common consent. ..
MIR. Grant objected to having tho case heard
before Judge McAillstcr On the gratlnd that he
hnl already dccde1 such a question, anu atso
teaase Jpgs @ McAllster was a, ~" to 20 On ts
fruakly, Jutlfc McAllister's nplions on these
matters were hot quito reliable.
The Court suIi l.c had st,c confidence In
sonaiIy, l!e would Ike g pavc tle cnsc referred
| tu Hin. II Judge AicAlistcr hui a1yancea nn
opinion on tlir subject, Judge Williams believed
he would retract. II he taw tic was wrong. but
to transfer tlac question TO aty onc. It wns il,
| Judge Earwrll's laItls, an1 should not be re-
lnurrd without universal agreement Nobody
gould ask its ren"sal except a. matter Of
any tArtIc1l1ar complication by letting 1t 20 over
| lew days. The ]iarttcs who werc sued woull
III tiuuht put III pleas " dclnur7crs, but no fur
ther aston eo ls taken IN ,xa tc eass nl'
nhly be by next MoAiAy nt the tarthesl. ln the
court's oplltus. he certainly had no power to
trut.sct it to Judge Moore, n4.nl,,st thy protest
OF tic parties. and no strongly dtsked to trans
fer II iv my other Judge.
air. sherman pleaded for temporary stay Of
! proceedings.
Atr. Th0inas IIoync wantel the matter sattiel
spce.iily, III justice 10 a't parties. III his
op!utoti, II WIS one u tho most In
,s,rtant Questions lefors tho COURTS. whether
coulil cbnlc ~ aud sue thu stockhoh!srt,
or whcthrr tho Receiver alunr enl,lt sue them,
nn,1 tt,,St,t tita fr.tattE Of the suits kXGffHY
The asseth for tho
l. aouu or TIN pEroslroxs.
I AIr. Dall quietly remarked tint tt WAS ono OF
tho privileges Ut III American cit!zen IL usc.
Alr. lluyue rctoFtrl by saying that was uIlo Of
tl,c privileges which ought u 10 eurtailed tu
sums extent.
Sir. Hill claimed that Judge ,FarWcll had al-
| rcaly tlesiAc1 adversely OIL tue question Ut u
! stny uniesa sufficient bonA wcre differed.
Mr.. High didn't understand It that way. Al
he viewed II, Judge Farwctl had nut it on tho
ground that tlIe w!ule lnAktcr would be decided
| before default duy.
tk.rt1 IT. l-n~ Il