The New York herald., 1922-07-11
BANTON OPENS FIGHT
| FOR FULLER BOOKS
|bubppna Ruling Expected
to Guide All Bucket
Prosecutions.
ETIPULATION AT STAKE
Receiver Stands OIL Pledge
to Firms Attorneys That
Balks Inquiry.
COUNSEL ARE ACCUSED
Snitkin & Goodman Withhold
Books, Says Receiver for
Vaudeville & Co.
'oUNsE4 ARE ACCUSED

District Attorney Banton yesterday
ubpnnaed the books OF the broker
tge house of E. NJ Fuller & Co. Con-
olidated Stock Exchange members, of
y Broad street, thus opening a court
light that will probably be carried to
he Supreme Court Of the United
states and be of the utmost i'm
portance in future bucketshop pro-
;eedings.
The subpoena was served on Samuel
strasburger. receiver for the estate
II Fuller & Co.. at his office. IA Broad
way. during the afternoon. 1t is re-
sirnable this morning. but the re-
'eiver will not turn over the books,
having stipulated not to do so upon
aking possession Of them.
After the service of the subpoena the
ffice of the receiver notified James Louis
Moore of Hays. st. John & Moore, attor-
eys for Fuller G. Co, and also for the
individual members of this firm. This
lotfcation also was in accordance with
Mr.. Moore. Fe prepared an application
Tor an order to show cause and expected
| 20 have the order signed to-day The
order will require the District Attorney
20 show cause why the books should not
|Femafn in the custody of the receiver and
will act as a stay to further action by
|Mr. Banton, thus bringing the whole
question into court.
Stipulation BaIks Action.
The order sought by Moore will be re-
t.rnable before Judge Knox in the
United States District court tomorrow
and argument will be heard then on the
stipulation which Moore obtained from
the receiver a stipulation which goes
further than the stipu,ation made in the
case OF s. S. Ruskay & Co. which the
lower court has held binding. 1t Is pos
sible that Mr.. Banton will take the Rus
Kay case and the Fuller case to the
United States Supreme Court at the
same time. Substantially the Same ques-
ltions are involved. but in the Fuller
case the stipulation is so broad It virtu-
ally prevents the District Attorney from
getting any evidence through the bank
ruptcy proceedings
Fuller &; Co. failed for about s5 O0o.-
600 June 81 Prior to the filing of the
petition the books OF the concern had
been carried from the brokerage office to
The OFFICES OF the lawyers for the firm.
When the receiver appointed by the
court asked for the books he was con-
fronted with the stipulation
Wants Lawyers Fined.
Leonard A. Sntkin and Abraham
Goodman will be served to-day with an
order to show cause why they should
not be punished for contempt in fall
ing to turn over to the receiver for the
defunct brokerage house Of N. t.
&. Co. all of the books and
papers Of that concern. for which they
we're counsel. The order was obtained
late yesterday by Irwin Weinstein. at
torney for the receiver. John L. Lyttle,
and asks that the lawyers be fined 5000
The affidavit upon which the order
was requested was drawn by Mr.. Vein
stein. II recitcs that on April 81 Iudce
Tfand signed an order requiring the two
lawyers to show cause why they should
not be compelled to deliver all the books
and papers TO the receiver. After
hea ring the court directed the delivery
OF the books and copy of the order
was served. so the affidavit says. April
25 Demand for the books was re-
fused, however, and "Snitkin & Good
man so continued wlfully. wantonlv
and maliciously to retain possession of
the said books. and have neglected,
failed and refused to turn over same"
says the affidavit.
1t Is then rectcd that contempt pro-
ceedings we're started and as a result
certain books and documents said to
be "all' of the books were delivered.
but that OH July subpoena duces
tccum was served on the receiver, re-