Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-02-06
THE BANK MuDp11.
The --latest Phase Of q Complicated
Affair.

Last week the INrER-OCEAH gave the
details of the proceedings before Judge
Mcconnell which resulted in the ap-
pointment of receiver for the defuuet
Bank Of Devils Lake. In order that our
readers may fully understand the legal
movements made in the case since the
last issue of this journal, It will hs uec-
essary to give brief resume Of ita pre-
liminary features. An order, based upon
| afiidavits made by certain Of the banks
creditors, was issued out Of Judge Nc.
Connells court at Fargo at the instance
of the attorney Of those creditors provid-
ing for the appointment of receiver.
and requiring tho sheriff to turn the
properly over to the said receiver. J. F..
MCGEE, the attorney of certain other
creditors holding early attachnents
against the bank property, went before
tho court and claimed that the order ap-
pointing the receiver had been obtained
through false representations and false
affidavits. Judge Mcconnell said he
would give Messrs. MCGEE s. Morgan
sufficient opportunity to substantiate
their statement. and if it was substanti-
ated he would take such action as the
exegencies of the case and the dignity of
the court demanded.
Mr.. MCGEE appeared before the court
last Saturday with the af'tlavits Of vari.
Gus interested persons in Devils Lake,
among them tho aftidavit Of T. G.. Saun-
ders. clerk ofthe court for Ramsey coun-
ty, setting forth that the affldsvits OF
Jas. B. Eaton and J. F. Carruthsrs ,rscit-
ing that Sheriff Wagness was one of the
attaching creditors Of the bank, were
false, as shown by tho records Of the
court in this city. Whereupon Judge
Mcconnell issued an order removing the
receiver and replacing the bank property
In the hands OF the sheriff.
| The court also directed Mr.. McGee To
frame an order citing John w. Maher to
show cause on the 18th day Of April, 1886,
at the court house in this city, why he
should not be disbarred and his license
as an officer and attorney Cancelled. This
latter order is based upon the following
gounds:
First, for presenting to Judge McCon.
nell 20 complaint signed by Maher at
attorney setting forth facts which, II
true, would authorize the appointmen,
of receiver" and on which complaint
tho Judge was induced to mako an order
appointing the said receiver. "when he
| (Maher) knew, or could have learned by
inspecting the records Of the Office Of the
clerk Of tho district court Of Ramsey
county, that tho material allegations iu
said complaint were false and withou,
any foundation in truth or fact"
Second, for repeating orally to the
judge "the false statements contained In
tho said complaint and In tho affldavits
Of the said Eaton and Carruthcrs; and
further, for imposing upon and decciv.
Ing the court in the matter Of the ap.
pointment Of a receiver"
The order relieving the receiver and
turning over the property to the sheriff
was executed Monday evening, the sheriff
taking charge.
FIGURES.
The News-Democrat, which last week
declared that the bank 8 assets are worth.
less, charges the INTEn-OcEAN with
having inflated the assets. The INTER.
OCEAN simply gave the statement made
by Mr.. Corsett and verified by Rocoiver
Noble. We did not indorso the state.
mept editorially or misquote Mr.. Noble,
but 1t will require better affidavit than
tho kind which are manufactured In
the News-Delnocrat Office to convince
the public that the statement Is not true,
or approximately 80.