The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-11-10


depositors, creditors and offici
and state officials.
Earl Stroup, deputy attor-
ney-general, fighting to pre-
vent the dismissal and trans
fer, made the charge.
1t found echo in the statement
CT Ralph Kane, attorney. whose
firm, Kane, Blain & Hollowell, is
counsel for the City Trust Com
Dany.
SymODs Is Assailed
Criticising the banking commits
sion's action, Kane declared:
TT casts suspicion and doubt on
officials in certain departments OF
he state"
Today's hearing was on Attorney
James M. Ogden's motion to dismiss
the motion which Symons had filed
asking the suits be dropped in cir
cult court. Symons had asked this
SO that the suits as relied in pro-
bate and superior courts might be
accorded recognition.
Judge Chamberlin upheld the at
torney-generaIs motion, declared
Synnons was without authority to
withdraw the suits from his court
and commented:
"I dislike exceedingly to pass on
a question which confers jurisdic-
ton on my own court in dis
puted matter, but am confronted
with a legal proposition"
Changed His Mind
Chamberlin explained that when
the banks closed, he asked the at
torney-general not to file the petit
lions in circuit court, where Cham
berlin presides.
Later" the Judge continued, "the
attorney general gave me a picture,
showing the cases ought to be filed
in my court and public interest
might not be served best in some
of the other courts. Then I per-
nitted the encouragement to file
in my court"
Ogden and Symons, strangely OPP
posed in an action said to have no
parallel in statehouse annals, were
in court when Ogden was returned
victor in their first court clash.
Neither took direct part in the
arguments.
At the outset of the hearing,
Stroup and v. Ed Funk, another of
Ogden's deputies, objected to
Symons' filing of the suits through
an attorney outside the attorney
generals department.
Plea Is Denied
Contending the attorney general
is the only counsel the banking de-
partment can have, they asked
Symons' motion for dismissal be
thrown out on that ground, but we're
oyerruled.
Symons' attorney, Clair McTur-
nan of McTurnan & Higgins, con-
tended that under a 1929 act the
encouragement is given power to
intercede in receiverShip cases only
after the banking commission has
failed for fifteen days to take proper
action.
Kane and Homer Elliott, attorney
for the Washington Bank and Trust
Company, argued that Symons' ac-
ton in court has caused confusion
and jumping around" Both de-
clared they had no interest in who
becomes receiver.
Implying that Symons has more
than an official interest in the re-
ceiverships, Stroup charged the at
tempted transfer was an apparent
attempt to ''mulct depositors and
interested persons, including cred
itors."
DepOsitors Should Be First
1.-The first interest in all court ac-
ton should be for the depositors
and their protection" Stroup de-
clared.
Following the court session, Ogden
and Symons returned to the state
house to interview the Governor re-
gaTding dropping the suits in pro-
bate and superior courts. The Gov
ernor was not in his Office, and the
conference was postponed until this
afternoon.
Following his attempted with
drawal Of the suits from circuit
court, Symons filed the City Trust
suit in Judge Joseph M. Leathers
superior court five and the Washing
ton bank suit in Judge Mahlon E.
Bash's probate court. Bash was of
the impression the City Trust case
was coming to his court, but rec
ords show this is not the case.
Filing OF the City Trust action in
Miners court is in line Yith the
suggestion made to Gyhons b.