The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-09-25
Attorney for National Bankers
Struck Quickly.
His Counter to Attorney Gen.
eraI JackfOn's Move.
FEDERAL COURT FIRST
Guaranty Laws Fate Decided
Today by Judge Pollock.
Injunction Argued at Kasnas
City, HANS, Today.

1t is evident that the enemies of
the state bank guaranty law have
slipped another one over on Attor-
ney General Jackson, and there is
danger that before this day closes.
the administration of the bank guar
anty law will be temporarily sewed up
by federal injunction.
The hearing of the injunction pro-
ceedings against the enforcement of
the law was set for next Tuesday,
September 2S, before Judge Pollock
in the federal court. To evade the
possibilities of this hearing, and es-
tablish jurisdiction by precedence, in
the state courts, the Jackson-DoIIey
forces planned a coup, which looked
all right on its face, but mas proven a
boomerang. At $3.50 Friday after
noon the Jackson masterpiece was put
in motion, by setting the hearing in
the supreme court for Monday, Sep
tember 27, one day ahead of the date
set for the federal court hearing, and
asking for a supreme court injunc-
ton to prevent the opposing attorneys
from taking any further action in the
federal court. 1t is apparent that the
action of Attorney General jackson
federal court date, and stop the ac-
tion by Injunction, did not appeal to
Judge Pollock as the good thing il
was considered by the jackson crowd,
for as soon as Bale Waggener, Ches-
ter I.Long and others concerned in the
opposition were served with the no
tice to appear in supreme court Mon
day and be enjoined, they hastened
to Judge Pollock, and secured an ad-
vancement of the federal court hear
ing to 1890 o'clock this morning.
The rest OF the night was spent by
the u. 5. marshalS office in running
down Jackson, Buchanan and Mitch
ell, attorneys for the square deal, with
the federal order to appear at the
federal court in Kansas City, Kan,
this morning
In Judge Pollock's court today. At
torneys Gleed, Waggener and Long
for the restraint, are pitted against
Jackson, Buckman ana Mitchell
against it. Judge Buckman stated al
noon today, that he expected Judge
POLLOCK to make some finding today
Judge Buckman admitted that in its
present status, the entire controversy
was undoubtedly in FEDERAL court.
Judge Buckman said:
THE case is undoubtedly in federal
court now, but we hope to show Judge
Pollock that he has no jurisdiction in
the case, and that it should be heard in
the state supreme court as a state
case"
Should Judge PolIock's decision be
against you, what will you do next, and
what will be the condition in which the
pank guaranty law is left?" was asked.
AS to our plans in case of such
emergency, I have nothing to say at
present" replied Judge Buckmtn.
Having failed in the attempt to arbi-
trarfly yank the case away from the
federal court and get it established in
the supreme court, the only hone Of
attorneys jackson, Buckman and
Mitchell is in the hearing TODAY is To
persuade Judge Pollock that he has no
jurisdiction in the case and induce him
to pass it back to the supreme court
The opposition will fight with equal
Vigor to keep the case in federal court
on the alleged grounds that the Kansas
supreme court is openly friendIv wifi
the Jackson faction. and that Jsclrso,,
ana his supporters have predicted the
outcome of any hearing in the s1lprer,a
court with great deal of assurance
me injunction asked for by AttoSSey
General Jackson in the supreme court
is TO prevent the national bankers from
interfering with the administrator ~
one states bank guaranty law and to
compel Bank Commissioner DoIIev ara
state Treasurer TuIly to enforce 4ho
law in It's entirity NS
The injunction asked for in the Fad
erai court by the attorneys for the
forcer,a, pankers .I is to prevent the en-
Iorcement Of the guaranty law until IFS
constitut1onality has been decided
me side that can first get re-
sCrainlng order from a court will have
a temporary advantage Attornev
GeneraI Jackson took the fnitiafive
When he applied to the supreme court
TO pass on the merits of the case
Ine national bankers applied to the
FEDERAL court for an injunction against
the enforcement of the guaranty law
and mad the hearing set for nest Tues
day In order to anticipate any supreme
court decision. Then Mr. jackson an
piled to the supreme court for a hear
ing for next Monday on his decisfon
The national bankers ATTORNEYS
went the attorney general one better
by getting the guaranty hearing ad-
vanced in the federal court to this
Judge Pollock's decision TODAY will
nave a most important bearing on the
future of the guaranty law. If he
issues a temporary injunction against
the enforcement of the law this will
be body blow to its supporters. as
the case is now in federal court. and
would have to stay there until settled
and in the meantime the guaranty law
would have been hung on a limb to
dry.
If Judge Pollock denies the injunc-
ton then the worst of the troubles of
the guaranty crowd would be passed.
as they count on the supreme court as
a friendly body in this political con-
troversy.