The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-12
Receiver Bradley Decides to Re-
turn Them to Depositors.
This If Bank Has No Claim
Against Depositor.
WILL KEEP THE CASH.
Says That Received Was Not
Kept Separate.
To Make Fight for Possession of
Securities.

Checks which were presented for de-
posit at the First National bank during
the Friday and Saturday preceding the
closing of the bank will be returned pro-
vided there are no claims of the bank
to offset the amounts represented on the
checks. This is the decision which Re-
ceiver Bradley arrived at today upon
the advice of his attorney, Judge F. S.
Oldham. The amounts represented by
those checks Mr.. Bradley was unable to
give.
SO many of those checks have gone
out, some to other banks and others
have been protested, that it is difficult
to give the exact amount. To guess
would be worse than not to make any
statement at all'' said he. 1.-The cash,
he continued. (which came in on those
days was mingled with the cash which
the bank already had on hand and in
consequence it will have to go in as part
of the assets of the bank. Otherwise
we should have to recall some of the
money we paid out on those days. And
of course that is impossible. That cash
will have to remain along with the other
assets"
This latter statement, while not new,
reveals one new fact and that is that
those amounts were not set aside as
first reported. The statement was made
at first to the effect that those deposits
received were put aside and not mingled
with the other business of the bank.
That this was untrue appears evident
from Mr.. Bradley's statement issued to-
day.
Won't Give Up Control.
The depositors will have the gratif.
cation of knowing that the $1,180O00
securities and collateral which Mr.. Dew
lin turned over to the bank a week ago
f0 Yrn the dPT0SjtOrS will
not be given up without a struggle by
Mr.. Bradley. 1.-The status is clear
enough said Mr.. Bradley today, eve
have got the securities and we won't
give them up until they make US
Judge Oldham refused to give out any
opinion about the right of the receivers
in bankruptcy to declare these assets
of the bank into the common pool of
assets of the bankruptcy proceedings
for the benefit of all of the creditors OF
the bankrupt millionaire coal operator.
There are so many things which effect
case of that character said he, that
it would not be possible for me now to
give an opinion. Cases along somewhat
similar lines have been decided but this
individual case probably presents new
features on investigation, so that 1t
would be impossible for me to give an
opinion at this time. The matter VIII
have to be fought out in the courts and
it will have to be decided there
Judge Oldham leaves today for Kan
sas City and from there will go east.
He may return later as occasion de-
fnands but for the present he isthrough.
The statement of the bank with re-
gard to its assets and its liabilities
which Receiver Bradley will issue soon
to. the creditors and depositors is rap
idly being adjusted. AS far as the
clerical work of the statement is con-
cerned, most of this has been finished.
The little legal questions which arise
| in connection with individual claims
and deposits is the only thing which
| is now hindering the issuance of such
| a statement With these cleared
away the report can be made. They
affect the accounting to the extent
that it will probably have to be cur
| tailed when finally published. A great
many of the depositors have been
endeavoring to secure preference for
| their claims at the expense of others.
Only the merits of these claims are
being considered, and upon that basis
| the preference is being made.
No DepOsitors' Committee.
Chairman S. H. Allen of the associa-
ton formed by the depositors. of the
First National bank, stated this morn
ling that the nominating committee of
five to name an advisory board of
nine would not be appointed until
| Thursday. "Some of the men we
want to use are out of the city," he
| said ST had a slate all made up, but
because of their absence I thought
| would wait another day. The men
we want will be home again tomor-
row"