Evening star., 1933-09-01

NSoAG4AuCo rIOIu rlISt FaRe.b
esonservator; Tobriner, Graham. Brez g.
Tobrfper. attorneys.
The United States Savings Bank.
which is the hub Of the controversy. is
a necessary part Of the Hamilton Bank
merger. and it is understood the Hamil-
ton probably could not open without it,
Col. Cooper opposes entry of the bank
into the merger claiming that the bank
should not have been closed and was
able to meet its debts
Other Details Pushed.
Meantime. however a few movements
were under way on certain details which
can be pushed forward for the merger.
For instance, the articles of association
for the proposed Hamilton merger were
being drawn up today for signature
They constitute an Official declaration
that the bank is going to organize and
are step required before the charter
can be obtained
Many things, according to Treasury
of1cials. will have to await the court
approval, such as details of the sale of
assets from the eight member banks
to the Hamilton. the issuance OF pass
books to depositors and the actual
opening Of accounts.
The proceedings in Justice Adkins
chambers At about 10 am. today, when
the anticipated approval by the court
was postponed BY Col. Coopers OBJ
lection, were understood to have been
somewhat dramatic.
Issue Expected.
Both sides to the controversy had
known for some time that an issue of
some kind would be drawn when the
Hamilton Bank contracts came before
the court. Decision had been reached
late last night to present the question
to the court this morning. Although
both the Treasury Department and the
Hamilton National Bank officials
claimed 1t was an exparte proceeding,
they notified Col. Cooper at about 9:2O
am today. The Hamilton Bank offi
cials claim this notification was un-
necessary, but was extended to COL
Cooper as courtesy. He had been in
formed from time to time Of general
progress along this line, they said
On the other hand, Col. Cooper
claimed after the hearing in chambers
this morning. that he should have been
notified further in advance and that
the move this morning was a sudden
attempt to make snap judgment" He
claimed it had been q plan formulated
during the middle Of the night and
that he should have been given more
time to prepare necessary court papers.
When Justice Adkins was presented
with eight contracts by attorneys repre-
senting both the Government and the
there, but his attorney, Mr.. Thomas.
who had been rushing preparation Of
bill In the case arrived about the
middle of the proceeding
Prior to the arrival Of his counsel.
Col. Cooper, 1t was understood, stren-
uously protested to the court against the
sale involving the United States Savings
Bank. He made several charges against
the Treasury Department. it was said.
When his attorney arrived. Thomas
claimed Col. Cooper owned 56 per cent
Of the stock in the United States
Savings Bank and. therefore. was en-
titled to hearing in the matter. Roger
j. Whiteford, counsel for the Hamilton
National Bank. backed by counsel for
the Treasury and his own associates
asked for an immediate hearing. George
p Barse. general counsel Of the division
controller OF the currency, and Charles
Z. Wainwright. assistant counsel, rep
resented the Government.
Two Justices Protested.
Justice Adkins, it was said, volun-
teered the information that he was
stockholder in the Federal-American
Co., which owned stock in the Federal
American National Bank & Trust Co.,
one of the members of the merger
Thomas objected therefore to Justice
Adkins hearing the case. He also OBJ
jected to Justice F. Dickinson Let's
hearing the case.
Whether the questions of Jurisdiction
and an ex parte hearing will be raised
Tuesday morning remains to be seen
The Government and the Hamilton
Bank of1icials claimed that it should be
an ex parte hearing. Col. Cooper in
sisted 1t should not be an ex parte
hearing and that he has right to be
heard.
Col Cooper's legal staff. headed by
Thomas, includes also John w. Stag
gers and Louis L. Whitestone.