The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-21
POIIock's Injunction in Guaran-
ty Case Set Aside.
Judge Hook. Of St. Paul, Re-
verses Kansas Judge.
JACKSON Is PLEASED.
Calls Hook Decision Great Vie
tory for the State.
Means Guaranty Law in Effect
Pending Trial Of Case.

Pending Trial OF Case.
=. PAU. May 1.-THE ruling Of Judge
Hook. Of the United States circuit court
ef appeals, III which the order of the
federal circuit court restraining the
officers Of the state Of Kansas from
carrying into effect the Kansas bank
aepos1cors' guaranty law. was vacated
has created much interest in banking
circles parUicula lariy IN the southwest
In That section of the country. Kan
sas, Texas and Oklahoma and Nebras-
ka have tank guarantee laws, Affected
by -I1e decision
The injunction To prevent the law
from becoming effective was obtained
BY The Abilene, Kan, National bank.
acting for al OF the national banks OF
5nsas.
These organizations claimed that as
the law nd not allow these institutions
eqlaL rights with the state banks Ir
was legislation which Disseminated
against them. as dep0sIt6rs would nat
uraIIy prefer banks where deposits were
guaranteed and also thai they were
ECC given equal protection
Judge Hooks ruling was that there
vas 10 merit n either cOUEenC1ou-
The suit vas contested by J. y Dol
ley. bank commissioner for Kansas
The bank guaranty law vas an issue
during the last presidential campaign
and President Taft in his Minneapolis
speech spoke agaiusu It and advocated
II its place the postal savings Sank
This Is rhe most swee ping victory
q state ever Won IN the history OF LLI-
gaci0u over the guaranty OF bank de-
posits
4 think it viii practically end all
litigation over the guaranty Of bank
deposits in Kansas. I don't believe
there viii be any further trouble
II told Mitchell and Bucknl11 that
If We did not win that case nothing
could be told by the manner IN which
4 court acts
Attorney General Jackson thus
spoke this morning OF the decision
men u0ued above and by which uha de-
cision OF Judge J. q. Pollock was re-
vzrsed and tha restraining order. pre-
veutiuE Bauk Commissioned Douey
from putting the law into effect was
dLssg WED
The news OF the decision of Judge
Hook was received here IN a. telegram
% Attorney General Jackson Friday
night. only the brief statement that
the court order granting the injunc-
ti0r had been reversed was contained
IN the message
Bank Comm fssiouer DoIIeZ declined
last night 20 give out a statement and
not be seen. It is known. however
that his views are similar to those of
the attorney general Is far as the be-
lief that the Friday decision viii praC-
tlca4ly end the bank guaranty law Lt1-
CATION
I FELT that We weuid win" said Mr.
Jackson. "and the court seemed very
much Interested in our side Of the
case. I was talking with Judge Pol
lock about Ir last week and told him
that the court was al cur WaT during
the argument but also told Kim that
the lower court TOO, seemed that way.
He laughed
We don't Ike ia be e8u PEELED to
EaIr sixty days for the order To be
handed down and II we can get 4 spe-
claI order sf some kind We VIII dn it.
This VIII mako the law operative
sooner. Z don't know that this IE PCS
sloie- 5ur We are looking up tle law
upon the matter
Temporary Injunction Was odieus.
ct Is not the testing Of these laws
n the federal courts that We object to,
II is the temporary injunction process.
BY which the laws are rendered in
operative for three or four years while
the laws are being tested that We
don't ike A mere veridcatiOn Of Z
Dill af particulars by an attorney often
sets aside d state law fer two or three
years while test iE being made IN
the federal courts
IN the uaeantirza taa beads, stocks
aEd cash deposited with Bank Com
uiEEie9eF DoIley by s9a state banks
ar= HsId IN the baak commissioned
once. These banks had been e5-
amiEsd and admitted IA state pFetee-
tlan uadsr the guaranty law before
Judge PaIieck Issued his restraining
6EdeT
IT IS reported az generally under-
5taeC that the national bankers VIII
ash a retriaI Of the suit and failing IN
that viii appeal the ease TO the ST.
prsf17e court Of the United StatsE. The
attorneys for the HdtfoEaI bankers are
cut Of town and can not De tntervte7v-
ed regarding their tnteatiensE,
The Abilene ease il one Of the three
eases brought "a q result OF the pass
age ef the guaranty law, Another
case vas brought BY the state banks
and vas d1SEn tssed bE Judge Pollock.
The state bankers appealed IA tho st1-
PreTae seurt Of the United States
Where the appeal n aoF pending. II
the third ease, brought by Frank Lar
fdDee eE Reno county to rest the right
Of 2 sUaekhsIder IN bank co entolu
the bank rem taking advantage OF
The guaranty law. JudSe Pollock
found for the plaintifr, but nothing has
= since been done With the case.
National EanlSsrz VIII Fight.
Z was announced late this after
neon, according TO an unofficial source
that the national baukers would trv TO
held the injunction IN force while an
appeal was taken TO the United States
supreme court. It is declared by the
attorney general that this viii be i'm
possible. as he believes. and the guar
3nLv law VIII be operative as soon as
Judge hooks decision reaches here
and has become a part Of the court
record This viii be about SO days.
'EhuS the guaranty law nay become
Operative about the mid lie OF July
provided there are no additional de-
lays
Baby Killed n 1To+7er,- Arms