Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1893-09-08
STATEMENT CONCERNING THE
PERSONAL LIBERTY CLAUSE.
Mitchell Willing to Face Legal Music,
but Is Determined to Have John
Johnston Face 1t With Eim-Hear-
ing in the Milwaukee City Money
Case.

| Milwaukee, Sept. 2-Receiver Becker
1 WAS asked what knowledge if any he
! nau that Mr.. Mitchell was preparing
to question the constitutionality of the
! frW making him liable for all claims
against the bank. Mr. Becker said:
50 far as the conStitutionality OF
the law is concerned, l do not think
Mr.. Mitchell has the least idea of or
disposition to fight the claims against
nm by raising any question. In my
mind there is no ground for any claims
against 1t and l believe the law is
perfectly constitutional. SO far as the
notes given by Johnston and Ferguson
and Mitchell to secure the bank are
concerned, there is 4 good conSidera-
uon Tor them, and there is no escape.
They must be paid and they cannot
get out of it
1t is said by those i'll Il position to
know that the sole object of Sena tor
Mitchell in denying service in certain
suits on the grounds that he was at the
time on his way to Washington in
his capacity as Il senator was to avoid
being forced into trials before the same
steps have been taken against John
Johnston, that is to say, Mr.. Mitchell
proposes to stand up to the rack, but
that he proposes to have company
milwaukee,, Sept I'm Judge John
sons court this morning, when the mo-
ton was reached i'll reference to the
claim of Il preferred creditor by the
y y Il NJ a..
court to postpone the hearing for two
weeks.
lie said that within the past few
days Il conference of creditors of the
Mitchell bank, representing over 81
100000 Of deposits had been held, and
1t was resolved to ask the court for an
extension OF two weeks in order that
the attorneys representing them could
fully post themselves in the matter.
lie said 1t was a matter of great con-
Germ to the rest of the creditors if the
claim of the city was sustained.
Judge johnson extended the time
for the hearing of the motion by the
city until one week from today, but he
decided to go on with the hearing of
the motion by Alex D. McDougall ask
ing Tor more definite statement of
the city funds deposited in the bank.
City Attorney krez opened the argu-
ment by reading an affidavit by him
self as to the amount Of the different
city funds and their character depos-
tied in the bank.
City Attorney Krez in his affidavit
alleges that the total liabilities
amount to $6,71O,374O4, and the as
sets to $7O0O,OO0, and that the re-
ceiver has now on hand over 100000
in cash. He says that when the bank
failed, $4,000 only was at the DISPOSE
ton of the city treasurer, and that the
current expenses of the city amount to
about 100000 Il month, that there is
now due to owners Of property con
demned for the Sixteenth street via
duct about $4,000, and to the different
persons for work, labor and materials
about S177,OOO and that in addition to
the current expenses about 100000
more will be required for each month
until December, and that the city has
received about $4,000 by advance pay
ment of taxes and about $4,000 by
loans on notes
The security required of the bank
consists of a bond for ST 100000 exc
cuted by the bank as principal and
John l.. Mitchell, John Johnston and
David Ferguson as suretics.
John Johnston and David Ferguson
are declared insolvent and John L.
Mitchell is thus personally liable for
all the debts of the bank to the full
extent of his property, and as senator
of the United States has claimed and
may claim his immunity from process
for a number of years. That in the
amount claimed as due the city is
S2O,69S.25 as interest from March 1,
1893, to the time of the failure.
Arguments on the petition were con-
Guided late this afternoon and Judge
Johnson took the matter under advise
mont