The morning call., 1893-10-17
His Bond as Receiver Is
Approved.
AND HE TAKES POSSESSION.
A Day Full of Developments In the
Contest Over Matters in the
Pacific Bank.

receiver.
At that hour the newly appointed re-
ceiver, accompanied by his attorneys and
c. o. Swanberg, 81. w. Westphal and Max
Pepper, the latter three as bondsmen,
went before the Judge and filed the bond,
which was at once approved.
Swanberg and WeStphal are sureties for
$4,000 each, and Pepper for $4,000. and
each ope qualified for double the amount
assumed.
AS soon as the bond was ap-
proved General Wiley sent to
Morse's Agency for a man to take
charge Of the bank for him, and about l
o'clock this morning the officer took up
his vigil in the bank. Thus the Bank
Commissioners and their nominee for re-
ceiver are in full and absolute possession
of the Pacific Bank.
II. l. Wiley is again in charge of the
Pacific Bank, this time as receiver. He
was appointed by Judge Hebbard yester-
Gay afterno oon on the application of the
attorney for the Bank Commissioners. and
at once set about getting his bond pre-
pared SO that he could qualify for the posi-
ton.
There is good deal Of conjecture as to
who has been in actual possession of the
Pacific Bank during the past forty-eight
hours. The action of the Supreme Court
effectually reversed Sheriff McDade's con-
nection with the tuition in any capa-
city, and while that decision empowered
the Bank Commissioners to wind up the
banks affairs yet when they called at the
bank yesterday morning they were given
to understand that they were not in pos
session and that they could do nothing
except to examine the books Of the bank.
This was virtual assumption on the
part of the bank officials that they were
again in full control, and the Commis-
sioners thought they were forced to take
immediate action to insure the safety of
the banks assets. As long as they had no
representative there 10 look after their
Interests, and to whom the officials were
RESPONSIBLE. there was nothing TO hinder
the earting away of all the securities if
any one wished to do so.
Accordingly the Commits sioners went
before Judge Hebbard yesterday after
noon, and by Attorneys Stone and Bag
gett asked for the appointment of a re-
ceiver
The affidavit on which the appointment
was asked is as follows, aDd the complaint
mentioned in the first paragraph is the one
taken before Judge Hebbard on Saturday
night:
In the Superior Court of the City and County
of San Francisco. State of California-The peO-
pie OF he State of California, upon the COM
plant of a. Gerberding, w. b. Knight and G.
II. DunSmoo!, constituting, and as the Board
of Bank Commissioners OF the State of Califor-
mia, and upon the Information of W. Fl. II.
Hart, as AftOrney-Generai of said State, plainl.
if. VS.. Pacific Bank, a corporation, X. H. Nc
Donald, r. h. Mcdonald Jr., Frank V. Nc
Donald. W lillian a. Grade. A. X. Stevens. j. j.
Bower, Columbus Warehouse and f. A Ijams.
Individually and as constituting the board Of
directors Of The said CORPORATION, defendants.
STATE OF CALIFORNIA.
CITY AND COUNTY OF San FRANCISCO
w. H. Knight beng first duly sworn. de-
poses and saws that lie is and at all the times
hereinafter mentioned was one of the Ba ak
Commissioners of the Slate of California; that
the complaint in The abOve-enti led cause, No.
42863, now on file IN the abOve-entitled court,
IS attS ched hereto. marked Exhibit a" and
made part OF TINS afhdaYlt; that ali the.mat-
tiers and things therein contained are true, ac-
cording 10 the inf0rmatiOn'and belief of affiaBt;
that your afiiant is informed and believes and
upon such belief alleges that The directors Of
the Pacific Bank, a corporation, defendant here
in. intend 10 retain chaTgeiOt tie assets OF said
Pacific Bank, corporation, f9ndanl herein.
and have refused and still refuse to allow af1i-
ant, or any other member of the Board OF Bank
Commissioners OF the State OF California, to
take charge of said bank, Or 10 In any manner
control the management of said bank, or to in
any manner regulate any OF The matters and
things of said bank, excepting 10 examine the
books OF said bank; that said direcl ors of said
bank refuse TO allow any representative OF
said Bank Commissioners TO remain IN said
bank for the purpose of asceItaining what is
being done with the assets of the bank, or re-
fuse 10 allow any representative of said Board
OF Bank Commissioners TO have a representa-
tive in said bank for any purpose whatsoever;
that said corporation, through its directors,
refuses II recognize any authority as existing IN
said Board of Bank Commissioners other than
TO visit and inspect the books of said bank;
that your afiant is Informed and believes,
and upon such information and belief
alleges, the truth 10 be that the assets
OF said bank are liable 10 be deprecated
aud the general interests OF th- creditors OF
said bank injured by various attachments
which are threatened TO be levied against the
assets OF said bank; according to the informa-
ton and belief OF your aflant, il Is unsafe for
the creditors OF said bank that SAID creditors ef
said bank should remain in possession and
charge OF the assets OF said bank; hat The
Board OF Bank Commissioners. having been re-
fused admission to said bank excepting as here
in before set forth, are powerless To protect the
interest OF the creditors OF said bank; that an
order to show cause why permanent injunc-
ton should not issue IN the above-entited ac-
tiOn has been issued by this court, Ielufnable
at 10 o'clock In the forenoon of that
day, and ln the meantime the officers
and directors OF SAID banE, corporation.
defendant herein, have been restrained from
the transaction of any business appertalning TO
said bank, but In the meantime your affant
alleges upon information and belief that the
and the interests of the general creditors of
said bank affected unless this court appoints
temporary receiver 10 take charge OF said bank
and its assets, aDd to protect the assets OF said
bank for the general good Of all the creditors
ana stockholders of said bank; and affiant fur
ther alleges that unless his court shall lend its
assistance by so appointing temporary receiV-
er until the above entitled cause can be heard
upon its merits great and irreparabe In
Jury to the creditors OF said bank will ensue !;
that affiant has be n informed by the directors
of said corporation defendant the Pa
ciic Bank, that they claim a right
10 marshal The assets of said banlT and attend
TO ali the business OF said bank in the matter Of
collecting assets and, In general, managing the
affairs of said bank. excepting as 10 the pay
ment of the claims against said bank; that, ac-
cording to the information and belief of your
afhant il is unsafe for the general interests Of
tile creditors OF SAID bank that the affairs Of
said bank shall remain under the control and in
the custody OF said directors, and In that behalf
afiant M axes special reference herein TO the al.
legation in the complaint on file herein and at
tached hereto regarding the acts OF the direct
ors Of SAID bank, which upon the information
and belief OF your afant are true; that Ia the
opinion OF your affiant as one of the Board of
Bank Commissioners of the State of California
it is necessary for some competent person TO
be placed in charge of The affairs Of said bank
uGtil the decision upon the final hearing In
this case, and until the Board OF Bank
Commissio OF the State of California shall
be placed by law in charge OF the affairs of said
bank. And af1iant further states according TO