Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-08-16
ANOTHER WARRANT is ISSUED
AGAINST CASHIER H. w.
Herring
FETzER IN A FIGHT
Question as to Legality of His Appoint.
ment as Receiver-Judge Gibbons
Names Another Man-settIe 1t in
the Courts.

against Henry W. Herring, cashier Of
the Milwaukee Avenue State bank,
charging him with forging note for
$4,000 in the name of Marius S. Kirk.
eby, was issued today
The financial and criminal tangle
arising out of the collapse Of the Mil
waukee Avenue State bank and the
Hight of its president, Paul o. Stems
land, assumed three new phrases yes
terday.
OF most. startling interest was the
sudden appointment of a new and rival
receiver for the bank Upon the con-
tentton of Attorney S. o. Levison that
Judge Brentano's naming of John G.
Fetzer as receiver last week was IL
legal, Judge Gibbons late in the after
noon named the Chicago Title and
Trust company to the same place
This, the third receivership created
including the federal action ION the
personal estate Of the bank-has arous-
ed deep indignation and alarm among
the thosands of depositors who fear
the complication will consume much
of the remnant of assets The Gibbons
receivership will be subject to legal
test.
Attack on Fetzer Is Surprise
The attempt ofnew interests to
GUST Mr. Fetzer as receiver came as
surprise to everybody connected with
the present receivership and to Judge
Brentano.
The application for the change Of
receivers was made to Judge Gibbons
of the Circuit court on petition by T..
T. Eide, depositor, who has secured
s,,I q
Judge Gibbons set the bond Of the
Chicago Title and Trust company at
100000
Mr.. Eide, the complainant, lives in
Leo, ILL.,, where he has a general mer-
chandise store. He started his pro-
ceedings by fling suit against the bank
in the Circuit court. Attorney John
Wage Immediately filed an appear
ance on behalf of the bank
Eide was placed on the witness
stand. He testified that at the time Of
the failure he had 1925 in the bank
Attorney Wage then entered into a
stipulation in which the bank admitted
the debt. Judge Gibbons entered judg-
ment for the amount named and a
second suit was filed with the clerk
OF the Circuit court.
Tenure VIII Come to an Issue.
The second suit included bill in
which the appointment Of receiver
was asked. The document did not in
form the court of the appointment of
Mr.. Fetzer by a Judge of the Superior
court. but Attorney Levinson said the
matter will become an issue if Mr..
Fetzer refuses to abdicate
There will be some interesting
legal questions to settle before the
matter is through with" said Mr.. Fet-
ger, "but do not anticipate any I'M
seenly clashes. There are enough
courts to settle such matters"
Judge Would Test Question.
Judge Gibbons IL the evening ex.
planned his appointment by saying it
was made to test the question whether
the original appointment of John G.
Fetzer by Judge Brentano was in &C
cordance with legal requirements.
There is no conflict of jurisdiction
between Judge Brentano and myself
over this matter at ALL" he said. ut
Is simply procedure to test the legal.
ity Of the appointment of Mr. Fetzer
If that appointment is held to be legal
then my appointment fails.
81 made the appointment on the re.
presentation that the proceedings be
fore Judge Brentano we're not in due
form of law and it was necessary tc
test the question. The attorney foI
the bank, | do not know his name
represented the defense.
"Tne next proceedings will be foI
the trust company to make demand on
Mr. Fetzer for possession of the pro
perty now in his hands. This, it is
presumed, Mr.. Fetzer will refuse and
thus the issue will be raised If it is
decided Mr.. Fetzer's appointment was
properly made then that is the end
of the claims Of the trust company"
"Who is to decide this, you or Judge
Brentano . was asked.
81 do not know. Probably Judge
Brentano"