The Alaska citizen., 1915-04-26

assets shown other than those here lnbefore mentioned. The petitioner | at the same time requested the said l de JOurUel Co put in writing for him ! t.e conditions under which the said | de Journel would undertake to ren- | der the services necessary for the : collection of the assets of the cor poration and the winding up of its affairs. and theTeupOn the said de 1 Jouruel addressed 10 the petitioner ! two letters. dated respectively Feb . rltry 10th and March lst. and of which the following are copies:
 DE JOURNEL REPLIES. February It, 1915. Mir. F. c. Noyes, St Francis Hotel l City.
 Dear Mir Noyes.
 Complying with your request that ! slogld make q proposition for the court and yourself regarding my em- p!oyment and attorneys fees in the matter of the estate for which you ! are receiver. l beg to say that l am i prepared to go to Fairbanks or to such other point where my presence and services are needed upon pay ment of fare and travelling expenses .,. +- -aluy ul s5ge per month. pay able on the first day of each month ' 10 be computed from the time of my departure from here until my re turn here
 This of course is not at all re nUnerativa employment for me as I shall be compelled to put my busi ness and property interests in other 5alaried hands until my return. which may be delayed. but am willing to do so because am confident that l can bring an action against the former stockholders of the Wash ingtOn-Alaska bank of Washington to recover the bonus outrageously taken by them and possibly. if not probably, other moneys. Should l see my way clear to bring tl is action and should l be able to convince the Court and your self that it should be brought and get such leave and approval, I will then be compensated in addition to the above by way of a contingent fee which I think reasonable at 25 Der cent of what 1 recover up to Sl00,000, and ten per cent of the sums recovered in excess of S100, ,000. This Is entirely contingent however upon my recovery. It will be neCes- od4 lCl I44t lo tDlplON olutI COuHSti for me in Seattle and perl aps else where, but such employment will be at my own expense, to be paid out of my contingent fee. If l cannot bring such action the first fee will be the only one charged, but 1 wish to have it understood that if some attoTuey is to bring such suit as above i shall be permitted to do SC 4yself,
 Yours truly,
 "(Signed) F. de JOURNEL."
 san Francisco March 1. 1915. "F. G. Noyes, Esq. Receiver Wash
 ington-Alaska bank, St. Francis
 Hotel. City.
 Re. Washington-Alaska bank (of ington.)
 After giving your matter due con lows:
 | That there has been no con, soldation and merger, or consoli- dation CT merger of these two banks.
 "2 That you were only appointed receiver of one bank, presumably the Washing ngton-Alaska bank of Ne yada.
 g. That it was error to pay the same proportion of dividends to the depositors of the two banks, but while the depostors who have not acquiesced may still object, those who have acquiesced are probably estopped from doing so. As to the objections of the stockholders of either bank to this distribution, they nave caused the commingling of these assets and would have very poor legal grounds, as well as very bad grace to object thereto now.
 4. That the stockholders of both banks are liable for superadded li- ability.
 5. That the stockholders of the Ma, hington-Aiaska bank of Wash ington are liable for the $250,000 re ceived by them and interest there upon, as there was no valid sale of their stock.
 "6. That should you fail to bring actions for the recovery of the S250,- 900, and the superadded liability against these stockholders of these banks, those depositors, who are now without status to sue owing to your appointment, may after the ,Iatute 0i limitations (l2 Sept. 19l5) has destroyed their remedy against their original debtors, bring an ac- lion against you for same and prob ably recover. You were not liable aict0iUre because you We're not told of this available relief, but you may be henceforth, it having been brought to your knowledge.
 T would like you to call on me, if you can spare the time and l will show you my authorities in sup port of these propositions. There are no charges for fees for same.
 Yours sincerely
 "(Signed) F. de JOURNEL."
 CASE IS EXPLAINED.
 That thereafter the petitioner requested the said de Journel to explain to him the manner in which the further assets mentioned in the said letters could be collected and the law in the premises, and the said de Journel in compliance there with advised the petitioner as fol lows: that the facts that on October l. 1910. the books, papers, moneys and effects of the Washington-Alaska bank of Washington were moved over to the office occupied by the Fairbanks Banking company, and the changing the name of the Fair banks Banking company into the Washington-Alaska bank and that the banking operation of both banks were carried on in one building by the Washington-Alaska bank of Ne