The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-08-09
TO TEST The LAW
State FOrestalls Action OF the
Bankers.
Bring an Action in the Kansas
Supreme Court.
AN INJUNCTION ASKED
Attorneys and Parties to Suit
Must Answer.
missioner Dolley Says Action
is Friendly One.
B. P. Waggener Makes Sarcastic
Comment on Proceedings.

comment OH IIOCeCulHSS
A suit brought to make true tes
Of the constitutionality of the new
bank guaranty law. has been filed IL
the supreme court. The attorney
general asks for an alternative writ OF
mandamus to make it necessary foI
Bank Commissioner J. y Dollcy and
state Treasurer Mark Tulley to carry
out to the letter the guaranty law
The suit also pleads for an injunction
against Bale F. Waggener, Chester l.
Long and the Nebraska expert, John
l.. Webster. all of the national banks
In the state and the state banks which
have failed to apply for admission
under the terms of the law
The injunction asks that the above
mentioned attorneys who have or
ganized into a battle line for tnvalidat-
ing the law. be enjoined from inter-
fering in any way with the enforce
ment of the law.
To say that this is a friendly suit is
telling the stOry-the attorney gen
eral and the bank commissioner be
licve that it is better to test a law
among the friends of this law rather
than the enemies. 1t was known that
suit was about to be filed in the
federal court by the opposing fac
lions.
Inc SUI was DrDUZnL against Iile
state bank commissioner and the
treasurer simply as one of the parties
of defendants The are under de
maud TO enforce the laW-at their
own pleasure. because it is we'll
known that no one is more anxious to
enforce this law than J. y. DOlley.
The suit is brought not only to give
him more power 10 act but to place
the other defendants in line for their
negligence.
MIR. jackson Explains.
In speaking of the suit Attorney
General Jackson and Bank Commits
sioner Dollcy have given out written
statements. The attorney general
says.
The result of the suit viii be a de-
termination of our own supreme court
Of every question, constitutional and
otherwise, that can be raised over
the bank guaranty law. This can be
done in this suit more quickly and
thoroughly than in any other court,
a much depends on the construction
our state courts place on the law.
The suit makes the national banks
party because they have an interest
in the proceedings and they and their
attorneys cannot claim they have not
had "a fair opportunity to present to
the court every claim they have in
the Law
IF any federal question is in
VOWED it can be presented to this
court and then to the supreme court
Of the United States without DELAY
and with absolute fairness to every
one. The national banks should be
treated with absolute fairness and
every precaution should be taken to
give them the same opportunity as the
state banks have. although it is by
no means certain that the state isl
compelled TO do so. This suit is
simply an effort to treat everybody
equitably and to settle all CON
troVcrSies."
MIR. DolIcy Explains.
Bank Commissioner Dolley explains at
come length as follows:
'As stated in the press Yesterday This
suit may be properly termed a friendly
one and in behalf of the bank euarau+I-
law viii be presented to the highest !
court OF our state for determination 1t |
is better for the guaranty law to be |
tested by its friends than by its enc
mics.
Chester I. Long. 3. P. Waggener and
small number of national bankers are |
determined that those in favor of the |
hank guaranty law Shall be denie1 its
about one John L. Webster. excenti17o
tEdt he halls from Nebraska where rho
federal courts have set aside AT 1aas+
temporarily the guaranty law of that
state by n Injunction. I am NOT in
formed as TO whether he is WORKING as
br attorney. encouraging LITIGATION for
the pur0oSc of securing large attOrre,-s,
tteN or whether he is representing WaUl
street and the eastern banking inter
estS which in a way are iniufca1 70
those Of the state of Kansas A. -
rate all of these parties are parti,,s ~
this suit in our own supreme cOI,r+ ,.5
have right to appear there and he
u nGa1u as 70 any interest or interes1s
v h'ch they may represent
A large ma ajority Of the state b,,,1--
IN Kansas are in favor of the har,l
+ guaranty lay and. have Loyalty given IL
ht.r uAqu&Hhed support. A great ma
J, I''y 9l Ihe national banks in Kansas
are not untrlenoly to Euarar,+,- a.,
ald WoulC be pleased to avail -,
reeves OF It's prlVile geS and rro+so++a /
nsa not the federal government deter
mined that they could not do So
- ne ne enemies Of the law were present
IN the legislative halls as lobb1-ir+ -9s..- NJ
ing the time it was being consir7.gJ - y = III u
tue leglslature and opposed If i'm e,-.,E
wa that their ingenuity might i1I,a,Its
i ut9 used every effort and secura.i
,tit " llle federal department
Whlch nave prevented me from oba,.i,,
the law and putting it into effect i. J. ii!S I
national banks. as the IegisIa+,,re - e1,,I 20
intended In other words the S IuIIS
,os.+ ~ NJ mat the people of Kansas
most OF whom are in favor Of tbie 80 "a
hnd who demanded if sbouId - ID"
'oy its privileges. Hot en-
~ D-lleStSi l. Long and others who arc ,
nv seeking to destroy the law ,1,o5o
2 bitter and persistent fcL+ IIidus
placing it in the RepubIicsn' dssInst
81 the party council held in A1S[r1oi To,l,i III
ana nave assaulted 1t in everV ~ nc, nd,
possible since III every way
The people of Kansas AT +bis +, :
have large amounts Of n,o-, ms tlne
o7slt and on deposit in the ee,.oI Ie
'anks and have a right to den,a,,5 ID ~ a.
Nheh tney deposit their money IN 80
oI M mere SnaiI be no possible chance