Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1893-09-28

gumentS on the Questions In
VOlyed.
Milwaukee, Sept. 23.-The motions of
Patrick Donnelly and -exander Nc
Dougal, both asking for a co-receiver
Tor the Marine bank, We're argued be-
fore Judge Johnson. The end was not
reached, but Judge Johnson indicated
that he would appoint two more re-
ceivers if he made any change at all
Mr., Becker formally denied being per-
Sonally responsible for the debts of
the bank under the individual liability
act.
The petition Of Patrick Donnelly was
first read by Charles Quarles. W. J.
Turner then read the McDougau pc
itiOn. Mr.. Turner said that he had
given notice to the interested parties
that Turner, BloodgO0d & Kemper had
been retained by 220 depositors, with
claims ranging from 800 to $4,000
each and aggregating from 1928. 900 to
$215,OOO and that these creditors join
with Alexander AcDOugalrs petition.
b. X. Miller, Jr., representing Re
ceiver Becker, opposed the motion for
4 cO-receiver. He said that an ad-
ditiOnal receiver would be unnecessary
and embarrassing, and might require
the employment of additional attOr-
neys. All this would be expensive
Mr.. Miller then described Mr.. Beck
er>s connection with the Marine bank
An affidavit of Mr.. Miller stated that
the deponent never saw the personal
liability clause advertised except once
and tnen in the Bankers directory
When he became connected with the
bank Mr.. Becker directed that this
line be taken out of the advertisement
in the Bankers directory published by
Rand McNally & Co. A letter written
June ID, 1898, to the publishers directed
this change, but it was not made
through some misunderstanding.
Upon the advice Of the mayor and
other city officers City Attorney Krez
opposed the motion for a co-receiver.
d. S. Rose, representing George Wiler,
a $225,OO0 depositor, opposed the motion
for another receiver. The receiver
really represented Judge Johnson and
could do little without his order, said
Mr.. Rose.
Attorney Samuel Howard asked to
be heard in opposition to the motion
Judge Dyer of the Northwestern
Mutual Life Insurance company, said
he would regret the multiplication of
receivers.
Charles Quarts opened the argument
in favor of the motion. He did not like
the veil of obscurity which surrounded
the affairs of the bank, he said. Re
ceiver Becker would not close
Up the affairs of the Marine bank, Mr.
Quarles said, because he was both a
plaintiff and a defendant in the case.
To-Day for the first time, Mr.. Quarles
said, Becker had denied his individual
liability.
w. J. Turner said that long before
the failure of the Marine bank the
officers knew of it's bad conultOn and
that Senator Mitchell called on his
brother-in-laW for the express purpose
of trying to get the bank out of its
approaching difficulty. Mr.. Turner OBJ
jected to him on that account as d
receiver. Washington Becker knew
that the bank was insOlvent a week be-
fore it failed, Mr.. Turner charged, and
should not be allowed to become its
receiver.
brought against John l.. Mitchell and
John Johnston to recover on their per
sonal notes to the Marine bank have
come to naught
At the opening of court in the after
noon Judge Johnson announced his de
ciSiOn granting the motion to direct
Receiver Becker to stop the prosecu-
ton of the suit against John Johnston
to recover on his note for $4,000. The
suit against Senator Mitchell falls
through because there was no service
Of the three suits so commenced the
one against David Ferguson is the only
one on which Judgment was secured.
These suits were brought in the SUI
perior court. The attorneys for Mr.
Johnston were about to appeal to the
supreme court from an order by Judge
Austin. Alexander McDOugalI then
stepped in and brought the matter to
CAIC dCIClIlIO1I VI Tic CIICIbL tOuIL anu
succeeded in having the suit stopped
altogether.
Judge Johnson did not render de-
cisions today in any Of the Marine bank
matters which he had under consider
alton.
The Homestead Land company wish
eS to make Receiver Becker a party
defendant to a suit which it has brought
to foreclOse a mortgage given by the
Milwaukee Tack and Nail company
Private opinions have been secured
by some of the large creditors of the
Marine bank as to the cOnstitutionality
Of the law making the owners of the
bank personally respOnsl.ue for the en-
tire debts of the institutional law the
bank quoted constantly in its adver-
tisements and in other ways while in
ducing patronage. The lawyers asked
for these opinions are among the lead
Ing ones in the state and they are
unit in the declaration that the owners
can be held, individually and collective
ly, under the