Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-06-30
ORDER ON BANK
LAW EXPECTED
Judge vandeventer Will Probably
Hand Down His Decision On
Suit Today.
STATE DEMURs TO PETITION
Lawyers on Both Sides Agree to
Statement Of Facts.
CASE TO BE APPEALED AT ONCE
Arrangements to Be Made I Z it
to Supreme Court. e
ARGUMENT OF STATES LAN>
Greater Part OF, Day Devoted to :
cussinE Right to Limit Bank,
Business 20 Cor =;
pOratiOns. =
Lawyers on Both Sides Agree to
Statement Of Facts.
ARGUMENT OF STATES LAN
lny a staff cOrresepondent.l

(By a STAFF correspondent
LINCOLN, Neb.. June Ss.-(speoiL Tele-
gram.)-Ths fate Of the Nebraska banking
law, enacted by the late Legislature is now
in the hands Of Judge Vsndeventer. At
torneys in the case concluded their argu-
ments late this afternoon. A conference was
held later, at which were present the at
torneys and Judges vandeventer and Mum
ger after which Judge Vandeveuter die
tated a statement to the effect that 1t lie
probable, though not altogether certain.
that an order would be mado on the ap-
pncstion for the temporary injunction to-
morrow morning.
Judge Vandeventer would not indicate
what the order would be. He said. how
ever. the case would be decided upon its
merits and that everything would be done
by the court and lawyers to facilitate an
appeal TO the supreme court Of the United
States.
While Judge vandeventer would not in
dicate what his decision would be on the
application for on injunction, the impress
sion is that he will issue a temporary re-
stralning order tomorrow pending final
decree In the case
An effort will be made by the losing law
yers to have the case considered by the
higher tribunal along with the suit from
Oklahoma.
state Files DemuPreF.
Late this afternoon the state filed de-
murrer to the petition Of the plaintiffs
asking for the injunction. This was done
al the request of the court, when all the
lawyers had agreed upon the statement of
facts in the case. The decision will be on
the demurrer.
Practically the entire day was taken up
with the discussion of one phase Of the
case whether the state had q right to limit
the business Of banking to corporations.
Judge Albert and c. o. Whedon contend
ing that It did have the right John l..
Webster CLOSED the argument for the plain
tiffs. .....a,... .s.,..-,,
judge Asks Questions.
Judge Vandevsnter frequently inter-
rupted the lawyers with questions, and
on one occasion he asked the attorney to
understand that the question was no In
dicatIon Of his own conclusion In the mat
ter The questions were asked, he said,
to secure as much light as possible.
In discussing the right of the state to
prohibit q private bank, Judge Albert ar
gued that the Individual was not con-
cerned, for the reason that the individual
became a quasi public institution when he
became a banker and therefore the law
did not deal with the individual liberties
of anyone.
Judge VandeventeT, In endeavoring to
got Judge Albert to say whether the state
had Just as much right to deal with the
individual a. 1t had to deal with the cor
poration. finally asked IL Judge Albert
believed the state had the right TO send
Its inspectors into grocery store under
the pure food law to make inspections.
Judge Albert would not deny the state
this right though no did tell the court
that the continual and persistent passage
OF such laws would eventually deprive
the Individual Of the rights given him un-
der the constitution.
The main points Of Judge Albsrt's argu-
ment was the right Of the state to limit the
banking business to corporations by spe-
cifyins that private bankers would have
TO incorporate
Mr. whedon's Argument.
C. o. whedon, arguing along the same
lines about the right OF the state to limit
the banking business TO a corporation. told
Of the limits placed upon individual liber-
ties by saying that when a person pursues
happiness by hunting and fishing on Sun.
day the sheriff pursues him. Judge Van
deventer informed Mr.. whedon this was
not a good illustration because the fish and
the game belonged to the state. and the
state had a right TO designate the season
when they should be killed.
Then Mr.. Whedon changed his illustrs.
tion by saying when a farmer pursues hap
piness by plowing in his fields on Sundays
the sheriff pursuese him under the STATE
law prohibiting common labor on the first
day Of the week.
You don't mean TO say II would re-
quire = statute to preVent you from pow.
ing on sunday" said the Judge with
smile, but Mr., whedon failed to see an,
humor In the situation and aid not joir
in the smile which went over the ocurt
room
Mr. Whsdon then argued that the new
law did not prohibit the individual from
engaging in the banking business, but 4
did prescribe certain rules for him I,
folOw before he could engage in such busl
ness.
The state. ne said had . right to prs
vent = person engaging in banking bust
nsss with a capital OF 81 and II It had thi
right Il could prohibit him from entering
the banking business, Then be cited tn,
regulations and conditions under whiol
pawnbrOksrs did business and the regu
iation Of Insurance companies.
He argued the state had ample authorit
70 enact legislation for the control OF tn
banking business.
Judge Albert was asked by Judge Van
deventer II In his opinion could a portio
OF the law, that relating TO private banker
be declared unconstitutional would the re
mSindsr Of the act standH In reply JudG
Albert saldi
Speaking for myself alone and no
binSlhg ether counsel I would say n par
5 OF the act Is destroyed all OF 1t should b
destroyed"
Taft Leaves for Yale.
WASHINGTON, June 2S.-President Tat