Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-01-16
A TWISTING OF FACTS
FOR SAKE OF ARGUMENT
The Neglect of Colonel Bird to
Straiehten Them Out.

\ few days ago the Nogales oasis
printed an editorial based on talb
with an old line republican" who con-
trOverted the views of the editor of the
Oasis opposing the recall of the judi
ciary provision Of the constitution The
editorial Indicated that the Oasis man
had been converted To the views of the
odd line republican" who introduced
an instance which he believed would
have warranted the exercise Of the re-
call. the proceedings i'm court following
the failure of the International bank.
The following is the edtorial-pre-
sumably written by Colonel Bird. the
editor and proprietor of the Oasis:
I have read the proposed constitu-
ton for Arizona and | think il is a
pretty good instrument: and as ! want
! To- see Arizona a state | shall vote for
it, said the friend.
The editor advanced his objection
Ia the provision which extends the re-
call To the judiciary. Whereupon the
old line republican said:
Now | read your argument. against
the recall last week. and | consider it
/
/ from one point of view. Let me give
YOU statement from another point Of
view. You recollect when John Dessart
and L. f. swain wrecked the Internal
tional bank? Wei at the time Judge
| Davis appointed Fred Herrera receiv-
er at SO per day. and kept him in the
place until that per diem and legal fees
J in useless and unnecessary suits
against insolvent people who had Dor
rowed money from the bank absorbed
all the assets that DeSSart did not take
until depositors got only per cent of
their money. Then beside that when a
grand jury was called in regular term
of court. with DeSSart and Swain pres
ent for appearance. Judge Davis took
/ fright over a faxed smallpox scare in
the Jail. dismissed the grand jury, per-
mitted Dessart and swain 10 60 on
bonds that We're no good. and they have
never been brought L. Justice You
recollect all that don't YOU? Well then.
had Arizona been a state at that time.
with a constitution like the one now
before her people. Judge Davis would
have been recalled so quick it would
have made his head swim.
The foregoing has been reproduced
Ia show how the truth is perverted for
the sake of argument. More !..isstate-
mentS could not well have been crowd
ed into the same space and il is sur
priSing that Colonel Bird should not
have corrected the old line republic
can" since he is clerk Of the court for
Santa cruz county and the records Of
the case referred To are easily ac-
ceSsible to him.
There was never more complete
collapse than that of the international
bank. When its doors were closed there
there was a little less than $47 in the
institution and its assets i'm The shape
Of paper We're of little value There
seemed to he only one claim upon
which anything could be realized and
that was a claim against r. Allyn
Lewis who was director of the insti-
tuition. He owed it a large amount OF
money.
Judge Davis appointed Fred Herrera
receiver. For less energetic man
than Mr. Herrera the position would
have been what Mark Twain has called
a unique STRENGTHENING To do and
no pay.
The compensation of Mr.. Herrera was
not $40 a day: in fact Judge Davis
fixed no compensation at all That was
done later by Judge Campbell, who al
lowed Herrera for his services what
were agreed TO be reasonable fees.
Herrera employed Judge Nave and
:. VI. Franklin as attorneys for the re-
cciver Suits were brought against
various persons who owed the bank.
beside General Lewis. and altogether
only about $1,000 could ever be collect
ed from these sources. Ii was doubt
ful whether anything could h. collect
ed from General Lewis. but the receiv-
er on the advice of his attorneys
brought suit in this county and OBJ
tanned judgment. The case went To
the supreme court of the United States !
and finally as a result Of this litigation |
the receiver recovered about s.. 700 |
That was practically all there was to !
distribute among the depOsitOrs and !
as the odd line republican states. it |
was about per cent But for the |
energy OF the receiver and the back |
ing of his attorneys there would have I
been nothing.
As TO Judge Davis approval of the |
bond Of Dessart and Swain. Judge |
Davis had nothing To do with the bond |
beyond fixing the amount of il. II was |
approved by Justice Ashley of Nogales. |