New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-04
sues EXAMINER
Who KEPT PAPERS
Merchants National Bank
Says Starek Took Them
from Vault.
MUCH MYSTERY
MADE OF CASE
Documents Removed to Continue
Investigation of Institution,
Bankers Assume.

The Merchants National Bank, through
its counsel George Zsbriskie, Of No ~
Wall street. has filed suit in the SUI
preme Court. to compel Charles Starek'
national bank examiner. to return papers
IT asserts ne removed from its vaults carly
i'm January when he made an invest'sa-
ton into its affairs. What the papers are
and why Starek should have removed them
Joseph Byrnc cashier and vice-presldent'
and George Zabriskie. counsel for the
bank. and Starek refused 10 discuss
1T is true a suit has been brought,
said Mr.. Byrne. but | will not discuss
it. Ii you will put your questions IN
writing. I'll have answers for YOU at .
o'clock"
At O'Clock Mr. Byrne having consulted
counsel. returned the questions unan-
swercJ.
We've decided TO say nothing he
said. There is a mandamus suit; that Is
all there is about it. If Mr. Zabriskle
wishes TO talk he may. So may Stareh'
The bank has filed suit against MI
Starek." said Mr.. Zabriskie. but that is
all care 10 SOY Spout IL '%"NNi w
may have a statement
Bankers have been interested in the
matter for some days, for the suit in
wolves two important questions-the right
OF a bank examiner TO take papers from
a bank and the jurisdiction OF state courts
over the acts of such officials They nave
been discussing also the action OF the
bank In suing Starek as an individual
instead Of asking relief from Washing
ton. No complaint has been made to the
Controller of the Currency. under whom
Mr. Starek works, though il is under
stood that he is supported by the depart
ment.
Starek figured in the inquiry into the
actions of John SHELTON Williams as AS
sistant Secretary OF the Treasury IN the
recent trust company merger In WASH
ington and Wall Street thought the suit
might have some connection with that
bat this Zabriskie denied.
That phase Of the matter is news 10
me" he said. II never heard that men
toned. When YOU say that it is suit III
equity to compel the return OF papers
YOU know as much about ii as any one.
Starek referred all inquiries to WASH
incton. and in that city silence was nam
tanned. It has long been the custom FOR
bank examiners TO take papers from the
files of a bank TO complete their invesu-
cation. Oftentimes a document might
require checking up in another bank, OF
Inquiries in another city. When the IN
vestigation is concluded and the inIorma-
ton gathered the paper is returned 10
the bank with such recommendations as
the examiner may suggest.
THE taking of papers Is common
enough" said banker, and means noth-
ing more than that the examiner wishes
to he as thorough as possible and to be
a BILE TO sleep well after he has MADE MS
report. His right to take any paper from
the files has not, TO my knowledge. ever
been questioned UP TO this time. some
times enough papers are taken from
hank TO fill suitcase and nobody thinks
anything OF IL
In the present case the number OIL
PAPERS is understood to be comparatVei!
feTy. The suit followed before Starek had
had an opportunity to complete the work
Starek would not give the name or MS
counsel. though In the normal course OF
events he would be represented by United
States District Attorney Marshall. 1t was
not learned yesterday whether Mr.. Mar
shall was interested in the matter.