The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-09-30
Pollock Postpenes Decision in
Guaranty Case.
Briefs Will Ee Filed and 30
Days Taken for Consideration.
LAWYERS S'ARGUEMENT
Webster's Mastery Arraign-
ment of the Law.
Judge Buckman Made Good
Defense for Administration.

Inc nearing OF the Ddnk
controversy before Judge Pollock in
federal court last evening, was closed
rather abruptly on account of the
courts desire to catch a train for Kan
sas City, where he had cases set for to-
day. Upon resuming the case at 1:3O
Wednesday afternoon, Judge Pollock
warned the attorneys that he expected
them to get through with their argu-
ments and close the hearing before
o'clock. For this reason, some of the
attorneys were confined to brief state
ments. AT the close of the hearing all
hopes of either side for immediate de-
cision were dashed by Judge Pollock S
observation:
"A careful decision is of more inn
pOrtance than a few days time. I will
not reach a decision in this case in less
than twenty days, and therefore extend
the ten days allowance for the filing
of additional briefs to twenty days"
Judge Pollock stated that he would
carefully investigate the points of law
involved, and pay particular attention
to the supreme court decisions offered
in argument.
Webster's Mastery Speech.
Col. John L. Webster, the Omaha at
torney associated with Messrs. Wag-
gener, Long and Gleed for the national
banks, opened the afternoon session. A
number of prominent Topeka attorneys
were in attendance to hear the man
who won a similar case in Nebraska.
His argument was rapid, mastery, and
covered the entire case like a blanket.
No phase of the case escaped him in his
high speed arraignment of the guar
anty law, its effect on all banks, upon
the Exchange bank of Hutchinson in
particular. 1t was agreed in the early
stages of the hearing, that the Larabee
case should be argued with the entire
case, and not made separate bill of
complaint. To this end Col. Webster
applied his efforts to a showing that
Mr.. Larabee, the stockholder in the
Hutchinson bank, by bringing suit to
prevent his bank from entering the
guaranty scheme, had not only filed
complaint against the action of his own
bank, but against the entire guaranty
law.
Judge Pollock had pointed out, that
on the face of it, Larabee's complaint
would seem to be satisfied. should a re-
straining order against that particular
bank preventing it from entering into
the guaranty scheme, be issued. The
court did not give this as an opinion,
however, but as a lead to draw the
argument of attorneys to the principal
points in doubt.
Col. Webster's argument lasted over
an hour, and covered the entire field.
Along his trail he left a string of de-
cisions which will require several days
of the courts time to examine.
Col Webster was followed by Judge
Buckman for the defense of the guar
anty law. Judge Buckman's argument
was along the line that the state took
no arbitrary action in enforcing the
law His ground was that no COM
plant by depositors would lie u.-less
such depositor was an actual loser. A
depositor has no right to complain he
argued, unless he goes to the bank and
finds it inso1vent. The assertion that
i'm nR oil Ctarl
guaranty law, might bring the bank to
insolvency, he declared was no cause
for complaint.
when 1 put my money in the bank"
feet that the bank will keep all its
so that it will be in the same
condition of solvency in year from
that time" He argued that the state
guaranty law was simply a bank regu-
lation.
THE state of Kansas is building up
what it thinks is the best banking reg
ulation, and the legislature is the sole
Judge of its provisions. so long as they
do not interfere with the federal con-
ST tuition he said.
The same line of argument was pur-
sued by Attorney Mitchell, for the state,
who followed. He contends that the law
was made only for the protection of
depositors, and not to work hardship
en- any one
Attorney Generals Argument.
Attorney General Jackson, who closed
for the state, argued that the bank
guaranty law was simply an additional
added to the old bank regu-
lation laws, and didn't take money from
depositors without their permission, as
charged by the plaintiffs.
"a bank must be permitted to buy
what it thinks it needs in its business"
he argued. THE argument that this
scheme takes the money of one person
to pay the debts of a third party, is
weak If a bank is not permitted to
purchase what it sees fit, how could
hank purchase fire insurance on its
building? If there was no fire, the
money they paid for the insurance
would be taken from them and given
10 a third party
BY the time Mr.. Jackson closed his
argument, he had crowded Senator
Long down to scant five minutes of
the time set for Judge Pollock to make
a run for his train. The ex-senator
made the best of the five minutes left
him, and ripped up the argument of
Attorney General Jackson. He promised
the court that his brief would not be
as brief as the time for argument al
lowed him. Then Judge Pollock grabbed
his grip ard started for Kansas City.