Evening star., 1938-06-27
CLEARS OFFICIALS
IN COOPER SUITS.
Court of Appeals Rejects
Charges of Wrongdoing
in Banks Closing.

Inc OnlIeO SLaLeS court OF Appeals,
In decision on two suits filed by Wade
H. Cooper. president of the closed
Commercial National and United
States Savings Banks. today absolved
Treasury and Justice Department
oficials, as we'll as those of the United
States attorneys office. of any wrong
doing growing out Of the closing Of the
two banks as an aftermath of Pres
ident Roosevelt's bank holiday.
Col. Cooper sought in one case to
obtain from eight Government officials
damages totaling s500,000, contending
the defendants had conspired to indict
him as the result of the Commercial
National Bank closing. Regarding this
case. the appellate tribunal said:
The declaration shows on its face
that appellees were officials Of the
Federal Government. We take judicial
notice of the fact that the specific
acts charged to have been committed
by each of them. In each case. came
within the scope Of his ofilcial au-
thority. We have decided that their
Joint participation in causing indict-
ments to be returned against appellate
was also properly within the scope OF
their authority"
In this case the defendants were
]. F. T. O'Connor. then controller OF
the currency: Robert c. Baldwin. re-
ceiver for the. Commercial National
Bank: F. G. Await. former deputy
Controller Of the currency; George P.
Barse, chief counsel of the Treasury's
Division of Insolvent Banks; former
United States Attorney Leo A. Rover
and Irwin Goldstein, former assist
ant United States attorney; Gibbs
Lyon. deputy controller of the cur
rency, and Samuel C. Simon, account
ant in the Department of Justice.
Four Named as Defendants.
Col. Cooper informed the court be
was acquitted of one charge on trial
while Mr.. Rover nolle pressed the othe
case involving him.
In the other case which the appel.
late tribunal decided today in favol
Of the Government officials, Messrs
O'Connor. Await. Lyons and Bars
were named defendants. and Col
Cooper endeavored to collect $3.50. 900
He contended the Government ofh
cials went outside the scope Of thei
authority in closing the United State
Savings Bank, allegedly without war
rant in law.
Col. Cooper maintained he owne,
$50 shares of the capital stock il
the institution and Sc per cent o
the outstanding stock OF the banl
In each OF two counts he elaine
$3.50, 900.
Regarding this case. the appellat
tribunal had this to say, in an opin
ion written by Associate Justice JUST
Miller:
Assuming that all of their act
we're done by joint agreement, it We
proper that they should 50 act i
carrying out their oficial dutie
Consequently, appellate's allegation I
a conspiracy is a conclusion OF la
which falls of its own weight.
Motives Immaterial.
"As appellees acted within the scol
of their authority in each case, an
in concert, their motives were imms
terial and they cannot be subjecte
to an action for damages alleged
have resulted therefrom, even thoug
In the exercise of their official discr,
ton they may have been mistaken
to the facts or as to the applicable
Of the law. Consequently, it is NJ
necessary to inquire into the meri
of the latter question.
In this case the Court Of Appea
affirmed the finding of District Coul
which sustained demurrers to Ct
Cooper's declaration when judgmel
was entered in favor Of the appellee
COL Cooper appealed from that judi
ment.
Attorney H. Winship Wheatley rel
resented the appellees before the o.
pellate tribunal.
Representing the appellees in Il
other case were Attorneys Wheatle
former United States Attorney Lesl
C. Garnett, Assistant United Stat
Attorney John j. Wilson and Attorne
Swagger Sherley, Charles F. wills
Z and Henry B. Weaver.
The court held in this case that
was obvious that all acts charg
against Messrs. Rover and Goldste
came within the scope Of their ONO
duties, and added that the combini
of the appellees to perform the ~
was lawful and was essential to fes
less and effective administration Of t
Ia