The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-10-15
JUDGE WILLIS ORDER
STRICTLY IN CONFORMITY TO THE
COURTS ESTABLISHED
PROCEEDINGS
HISTORY OF THE MATTER
an Order Which Judge Willis
Made Pursuant to- n Written Slip
ulatiOn Signed by All the Parties
Participating in the ReOr@aniza-
ton Proceedings.

ton Proceedings.
The Dispatch, in It's issue Of yester-
day, attempts to criticise Judge Willis
In relation to the proceedings had be-
fore him for the reorganization Of the
Allemannia bank The Globe has
made thorough investigation of these
proceedings, and finds that there is alb
solutely no foundation for such criti-
clsm, and that the orders made by
Judge Willis We're strictly in conformity
to law and the established proceedings
Of the court.
The Allemannia bank suspended in
January, 1897, and proceedings were
soon thereafter instituted for it's re-
organizati ton by a petition presented to
the district court Of Ramsey county by
the creditors of the bank, who were
represented by Hon. Albert Scheffer
as chairman Of the reorganization COM
mittee. This petition was presented to
Judge Willis, who was In the cham
bers at that time, and, therefore, the
proper Judge to act upon 1t. He is
sued an order, as required by law, d.
recting the creditors of the bank to
appear at a time stated in the order,
and to make such objections as they
might have to the reorganization of
the bank, and in other ways to take
part in the proceedings. The hearing
on that order came up before Judge
Lewis, and that hearing was by Judge
Lewis continued for two weeks, in or
der that creditors who desired to make
objections to the reorganization Of the
bank might file their objections, and
such creditors were directed to file their
objections on or before the SIN day of
May, 1897 Thereafter several subse-
quent hearings were had on the petition
for reorganization, and on an inter-
lCcutOry motion to remove the receiver
Of the bank before Judge Kelly, and
on the 25th day of May, 1897, upon the
hearing OF the motion to remove the
receiver, Judge Kelly made an order
denying that particular motion. The
CONGRATULATIONS committee Of the bank
still continued their efforts looking to-
wards the adoption of feasible and
safe plan for reorganization, and, final
ly, in the month of August, 1897, when
plan for reorganization had been per-
! tected, the reorganization committee
! brought the matter again into court
Judge Kelly, before whom the last pro
ceedings were had, was then away on
MS summer vacation, and was not eX-
pected to return It'll the opening of the
October term of court. Judge Willis
was again in chambers, and the only
Judge before whom the matter could
at that time be brought Before Judge
Willis would make any further order
in the case, he desired to be satisfied
that the proceedings had before Judge
Kelly We're not such as to preclude any
further proceedings. The order which
Judge Kelly had made could not be
found, and an instrument was exhibited
to Judge Willis which was represented
and believed by all parties in interest
to be copy of the order made by
Judge Kelly. and which merely disposed
or and dismissed the motion to remove
the receiver.
Gen. NJ. E. Clapp and John D.
. Brlen, attorneys who represented the
bank at the hearing before judge KEEL
ly' mad made no motion and in 10 man
hef consented to the dismissal of the
petition for reorganization, and re-
lying on their statement that the pc
tltlon for reorganization had not been
dismissed and on the fact that the COPY
Of tho order in his possession was
true copy Of the one made by Judge
Kelly. Mr.. Scheffer made the reOre-
sentatioES which he did, and relying on
those representations and the state
ment that the copy Of the order of
Judge Kelly delivered to him was a
true copy, Judge Willis, on the appli-
cation of Mr.. Scheffer, made an order
directing that further proceedings be
had and that all creditors of the bank
who had before that time appeared ard
objected to the proposed plan of reor-
ganiZation should be served with notice
upon the petition for reorganization
thereafter.
After that great many hearings
were had in connection with this reOr-
ganiZatiOn in court The matter was
discussed and the newspapers COM
mented on the proceedings that were
had from time to time. No one ap-
reared to have any idea that the o.
der upon which the proceedings before
Judge Willis were based was not a
true copy of the order made by Judge
Kelly until some time in the year 1898,
when some question arose with refer
ence thereto, and the attorneys then
called upon Judge Kelly to know if he
had copy of the order which he had
made. copy WaSi found, and it was
learned that that copy did not conform
to the one which Judge Willis had act
ed on, and the attorneys for the bank
and the attorneys representing all of
the creditors who had appeared and OBJ
j. cted to the reorganization, and the
only parties who were in any way in
terested in such reorganization, entered
into stipulation for the making of
the order which Judge Willis made OH
the 29th day of April, 1898. This Stipu-
lation, after reciting the fact of the
loss of the order of Judge Kelly, reads
as follows:
Now, therefore, for the purpose Of a final
determination and settlement herein it Is
hereby stipulated and agreed by and between
the undersigned representing all Of the par
ties appearing at said hearing that the said
order herein made, dated and filed as
aforesaid, may be and the same is hereby
vacated. And it Is hereby further stipulated
end agreed that order may be made and
flied by the judge of this court in the place
of the said order hereinabove referred to
and as Of said date, and to have the same
force and effect as such order such order
to be in the words and figures as the order
hereto attached and marked Exhibit "a"
This stipulation was signed by the
attorneys for the bank ard the attor-
neys for all Of the creditors who had
appeared and objected to the plan of
reorganization. Upon that stipulation
and upon nothing else Judge Willis,
after consulting with Judge Kelly, did
the only thing which he could do,
namely: To make an order in conform
itY with that stipulation, and the order
which Judge Willis made refers to tie
stipulation, and reads as follows:
Application having this day been made to
the undersigned, of the Judges of this
court for order of this court in conformity
with the stipulation of, parties and the dis
missal OF the motions Of the objecting credi-
tors, represented by Messrs. Hubbard & Tay-
lOr in the proceedings sboxe entitled and
said application being for an order yacating a
certain order heretofore made by Hon. VIII
liam Louis KellyS one of the Judges 81 this
court In the course OF the proceedings afore-
said such order by means to this court un-
known, having disappeared from the files and
records of the court, and said William Louis
Kelly having been consulted with reference
thereto and having consented that the under
signed take such action upon said application
as he might determine to be Just and proper
in the premises, L
1t is hereby orderedi5t hat that certain order
in fho o1n nnfifln6 hroo