The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1914-05-29
News Snapshots
Of the Week
DEFENDANTS DENIED
ACCESS TO RECORDS

Judge Ed. L. Bryan Tuesday, pas
sed on the application of counsel for
the defendants in the case OF State
VS.. e. E. Lore, J. A. Givens and c, L.
Robbins for access to the books and
records of the State Bank of Nampa,
defunct. The application was denied.
Judge Bryan reviews the issue invol-
we'd in the following ruling:
Il am advised that many of the
books and documents sought to be
examined by defendants were intro
duced in evidence on the preliminary
hearing of this case and l think there
can be no doubt as a matter of law
that the defendants would be entitled
to examine these books and docu-
ments. l see no reason why defend
ants should not be permitted an ex-
animation of other books and docu-
ments which are records of the Bank
of Nampa, provided they will desig-
nate what books they desire to exam
inc so that the same may be covered
by the order.
II do not believe the court would
be justified in making a blanket order
authorizing the defendants or their
attorneys to enter the Bank of Nampa
and have access to all the books and
papers there without showing that the
same have some reference to the
cause now pending. l think defend
ants are in a position to designate
what books and records they desire
to examine and that such books and
records should be designated by the
order.
Defendants have also asked to ex-
anime all letters, reports and docu-
ments in the hands of A. E. Reid,
state bank commissioner. under
stand that the report made to the
state bank commissioner, and on
which this action is founded, has been
introduced in evidence in the prelim-
mary hearing l think that defendants
as a matter of law are entitled to an
examination of this report. Inas-
much as this action is founded upon
the records of the Bank of Nampa,
do not believe the court would have
power to make an order authorizing
defendants to enter the Office of the
state bank commissioner in another
city and go through the said Office
without limitation.
"In the information in this case the
action is founded upon the records of
the Bank of Nampa,< and | think de-
PENDANTS should be permitted to see
such records as they will designate as
have connection with this case, but /
do not think the court has power to
say they should enter the Office of the
bank commissioner and examine the
records and papers which have never
been a part of the records of the Bank
of Nampa.
"For the reasons above stated, order
may be prepared authorizing defend
ants to examine such books and rec
ords as have been introduced in evil
dence in this case and such other
books which are records of the Bank
of Nampa and which they will desig-
nate in the order as having bearing
upon the case. 1t being understood
that the order shall provide that such
books and records shall be examined
under the direction of the one now in
charge of the same, at his convent
ence, and that no such books or rec
ords shall be removed from the place
where they are now held"
The trial of Cashier Lore Vice
President Givens and Director Rob.
bins of the Bank of Nampas charged
with making a false report to the
state bank commissioner, has been set
for June 9th.