The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-01-05
MAKES REPLY
Strikes Back at Soap King
Thomas and at Bank
Agent Stateler.
An Old Resolution of the California
National Bank Directors
Put on Record.

Special Trustee John Chetwood Jr. OF
the California National Bank has replied
by atfidavits to the structures made upon
him in the United States Circuit Court
some time ago by Attorney Robert B
Mitchell on behalf of himself and Thomas
X. StateIe-
In his answer to Mr.. Chetwood's bill Of
complaint in the Injunction suit against
Stateler the latter made statements re.
tiecting on the integrity of the com pla in
ant, and charging him with having
practically misappropriated $4,000 of the
$27,5G0 Judgment obtained fir. m Bank
Directors Wilson and Thompson. At
torney Mitchell also informed Judge Nc.
Kenna that Mr.. Chetwood was insolvent
and IAN unfit man" to have the bushes.
of the bank in charge.
One allegation in particular made by
Agent StateIer in his affidavit and Attor.
ney Mitchell was that Chetwood was carry.
ing on the litigation for the benefit of his
own personal interests, so as to absorb al
the funds in sight and this they tried to
support by specific charge that he had
secured $4,000 as attorneys fees.
To meet these statements Mr.. Chetwood
has filed reply atfidavits with Clerk COST
gan. From these documents it would
appear as though Mr.. Chetwood had the
corporation and bona-fide stockholders
with him. He sets forth in one of the
documents the following resolution passed
by the directors after Soap King Thomas
voted Stateler in as ent:
WHEREAS, R. P. Thomas, late president Of
this corporation is indebted to il in the sum
of 100000, or thereabou for damages sui
fered by the corporation owing 10 his gross
negligence and misconduct in administering
Its affairs, and is trying to evade payment Of
said Indebtedness, and is conducting or in.
spring litigation hostile to the corporation
and, whereas, one I. K. Stateler claims to be
agent of the stockholders of the corporation
but, whereas, said Stateler was unduly and
illegally elected, and has no valid right to the
office of agent, and is aiding said TIL omas in
his said litigation against the corporation
now, therefore, be it
Resolved, That this corporation do oppose the
schemes, suits and proceedings of said Thomas
and Ststeler and those connected with them
and in particular, be it
ReSoIUed, That the corporation endeavor to
Gust and remove Stateler, and the president OF
the corporation is hereby directed to institute
such legal measures to carry out the object OF
this resolution as may be desirable in the
premises
In answer to the charge that Chetwood' s
motives are selfish, and that he has not
taken the stockholders into his confidence
and is not Endorsed by them, il is alleged
that all the steps and purposes of the lit
igation have been explained to them, so
far as practica bic, and that they have all
expressed their hearty sympathy with the
litigation and some of them have offered
their assistance. The charge of insolvency
is utterly denied.
Stockholders Holt, Noyes and Niggle
have appended affidavits to that of Mr..
Chetwood. They state that they are ac-
qualnted with the various suits against
Thomas Stateler, are convinced that
therein Chetwood has acted for ''the best
interests of the stockholders, and with an
eye TO their welfare in every re-
spect," and adj that he deserves
the gratitude and good will of
all the stockholders. especially in
the efforts to collect the original Judgment
against Thomas, in face of the bitter oppo-
sition of T. K. Stateler, who claims TO be
agent of the stockholders" but whom.
atlantis say, they believe 10 be faithless
to their interests and acting wholly con-
trary 10 their wishes" Atlantis further
aver that they are advised of the com pen
sation which Chetwood expects, and that