The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-10-16

10 OBTAIN possession OF u
"To obtain all of the foreg
earliest possible moment.
ut is perfectly clear that to
obtain these four requirements,
no possible authorized proceed
ure in this court or in any court
could be found or formulated. It
is possible that any one or two
of these desires might have been
accomplished by choosing a
proper remedy. None Of these
weird, heterogeneous necessities,
taken individually, could require
the original jurisdiction Of this
court. The plan to hide the weak
ness Of each by a hodge-podge
of them all, and thus obtain orig
inal consideration Of this court,
which none of them could de-
mand if taken individually, is
just as plain as though it were
written on the face Of the COM
plant"
Lemke Wants Quick Action
Rejecting the proposal Of the bank
ing board that oral evidence and cross
examinatio rather than attidayits and
signed statements be resorted to as
proof Of the solvency or insolvency Of
the Scandinavian American Bank,
William Lemke, counsel for the Ma
tional Nonpartisan League and for the
Scandinavian-American Bank and for
President Hagen and Cashier Sher-
man Of that institution and for State
Examiner o. u. Lufthus, who is act
ing as temporary receiver by appoint
ment from the supreme court, insisted
Wednesday afternoon that the
supreme court base its decision upon
an affidavit submitted by Myron w.
Thatcher of Minneapolis, a public ac-
countant, who swears that he made
an examination Of the bank at the
direction of 0. q. Lofthus and that
he found the institution wholly SOL
vent. NJ
The submission Of evidence through
.offidavits was objected to by Judge
Lauder Of Wahpeton on behalf of the
state banking board. He declared that
counsel for the respondents had never
even seen some Of the reports and af-
fidavits from which Attorney Lemke
quoted. He asked that opportunity be
given for oral testimony and for
cross-examination of the witnesses.
"This man." referring to State Ex-
men who examined the Scandina-
vian-American bank and upon whose
recommendations the banking board
ordered the institution closed, ''signs
an affidavit read here by Mr.. Lemke
to the effect that he signed this report
Z to the state banking board without
knowing what that report was about.
We would like to put this man on the
stand and ask him why he did that.
We would like to examine this ac-
count here, and learn from him how
he arrived at the conclusions upon
which he bases his affidavit that the
bank is solvent"
Associate Justice Birdzell ques-
toned Lemke as to his attitude to-
ward taking of evidence as to the sol
vency or insolvency Of the bank. Lem
ke objected that every days delay
cost the bank business and prestige.
He also opposed such course even
supposing that in the interim the
Lank were allowed to reopen and re-
sumo business, declaring that propo-
ganda which would accompany such
proceeding would cause daily run
on the bank. The court took the mat
ter under consideration without an
nouncing any decision on this point.
COUNSEL IS CROSS EXAMINED
Assistant States Attorney Sheets,
council for, the banking board, was
closely cross-examined by Justices
Bronson and Robinson during the
course Of his argument. Bronson
asked whether Sheets contended that
the state banking board has authority
to close bank which Is not insolvent.
Sheets replied that the banking board
was quasi-judicial body empowered
to act as the best judgment dictated.
He did not deny the supreme courts
right to review any action Of the
barking board nor that any institu-
ton questioned had right to hear.
ing, but he expressed the belief that
such procedure should begin with q
regular action in the district court
and come up through that channel.
Bronson asked upon what evidence
the banking board based its conclusion
that the bank was "hopelessly in
solvent" and Sheets quoted items
from the recent report of the deputy
state examiner. He also declared that
last April state Examiner J. r. Wa.
ters had filed report directing that
bad paper be removed from the Scan.
dinavian-American bank, and that nc
had referred to the items quoted in
almost identically the same terms as
CONTINUED. on Page Two.)