Arizona republican., 1921-01-08
BANK ASKS COURT TO DECIDE ABOUT S5,OO0 DEPOSIT
Brings Suit To Know Whom
 It Shall Pay On National
 Guard Fund Certificate Given To Chas. Harris

Declaring 1t is in doubt to whom it should pay a fund held in deposit for the Arizona National Guard, the Phoe- nix Savings Bank and Trust company yesterday brought suit against Charles W. Harris the state of Arizona, Wal ter s. Ingalls,, adjutant general of the state, and Raymond R. Earhart, state treasurer, asking that the court rem der a decision giving the bank the proper direction in the payment of the fund. It asks further that the court discharge the bank from ali liability to all or any of the conflicting claim ants to the fund when 1t shall have compiled with the directions of the court,
 The suit of the the bank is brought in connection with the controversy be- tween Gov. Thomas E. Campbell and Charles W. Harris for an accounting of the funds of the National Guard of Arizona while Mir. Harris was adjutant general. Recently MT. Harris turned over a certificate of deposit for s5,000 in the Phoenix Savings Bank and Trust company to the state treasurer, and the bank refused to honor the certifi- cate, according to the then treasurer, H. S. Ross.
 In the complaint filed yesterday by the bank 1t alleges than on July 21, 1919, 1t issued to Charles W. Harris, then acting as adjutant general, a cer- tificate of deposit. stating that the Ma | tional Guard of Arizona had deposited s5,000 in the bank, payable to the or | der of Harris as disbursing officer. | When the certificate became due and 1 payable. the bank alleges, Harris de- manded payment, and at the time oi 1 his demand the title to the office o1 adjutant general was in dispute. The bank was notified it alleges, by W. F. Ryan. attorney for Gov. Thomas | E. Campbell, and Walter s, Ingalls,, who claimed to be entitled to the of. flee of adjutant general, that the fund on deposit in the bank covered by tht certificate issued by Harris, was public funds and should not be paid to liar. ris. The bank declares it was in doubf as to its duty in regard to the payment
 of the fund and refused to pay Harri, the amount until it should ascertain | who was legally entitled to the fund.
 Harris still claims to be entitled tt the fund the bank alleges, and demand.
 payment, and the state of Arizona alsG
 has made claim to the fund, it says Walter s. Ingalls, as adjutant genera of the state, and Raymond R. Earhart 1 as state treasurer, in their respectivt
 official capacities, the bank alleges
 also may be entitled to the custody ant
 control of the fund. The state, Ingall I and Earhart, the bank alleges, clain
 the fund belongs either to the stat
 treasurerS the National Guard, or t
 the military department of the state
 and should not in any event be pal
 to Harris.
 The bank alleges 1t is ready to pa, che fund and the interest accrued t 1 the party or parties entitled to it, bu
 at present it is in doubt as to tn
 identity of the party entitled O tn fund and asks that aI7 the defendant /, be compelled to appear in court an interplead and litigate their severs claims to the fund. It asks that an of the defendants failing to appea shall be forever barred, by the couI from any claim to the fund.
 The bank asks that the court de termine the rights of the defendar 5 parties to the fund and give the ban ! the proper directions in the paynfer of the fund and to further dischare
 it from all liability to all and any the conflicting claimants when it sha
 have compiled with the court order 2 in the payment of the fund.