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APPEAL OF RECEIVER IN ONE OF THE BANK CASES DENIED The consideration is declared to have SAN FRANCISCO, Sept. 4. (Spe been $250,000. eial wire of The Associated Press) The United States circuit court of The lower court held that the Fairappeals today denied the appeal of banks Banking company failed be F. G. Noyes, receiver of the Washcause of poor management and that ington-Alaska Bank of Fairbanks, Althe plaintiff corporation, or the Washaska, for a million eight hundred ington-Alaska bank through its reand sixty-eight thousand dollars exceiver. being part of the alleged ilemplary and compensatory damages legal combine, could not sue under as the result of the alleged combi the Sherman anti-trust act. The denation of the Washington-Alaska murrer of the defense stating these Bank, the First National Bank of facts was sustained, but Noyes claimFairbanks and the Fairbanks Bank ed that it was in error. ing company. According to Noyes, the liabilities of the Fairbanks Banking company The suit was aimed against the diat the time of the sale exceeded the rectors and stockholders of the Fairassets by $535,000. The original banks Banking company and was in complaint outlined secret agreements stituted in the Northern Federal Jubetween the directors of the three dicial district of the State of Washbanks to market all the gold output, ington. Noyes contended in the preexchange and regular banking busi liminary sult that the three banks ness in an undefined region extendoriginally controlled all of the bank ing for hundreds of miles around ing business in the vast district Fairbanks. around Fairbanks and in the TanThe defendants in the original suit ana Valley through a non-competitive were W. H. Parsons, Falcon Joslin, agreement. The complaint in the John Schram, E. L. Webster, J. W. proceedings further alleged that the Clise, F. E. Barbour and their reWashington-Alaska bank and the spective wives and Washington se Fairbanks Banking company subsecurities. quently took over the interests of the First National bank and, at a Interviewed last night concerning later period, the Fairbanks Bank the foregoing dispatch, which is printing company took over the interests ed practically verbatim, Mr. Noyes of the Washington-Alaska concern. stated that it refers to a demurrer This was done, the complaint alto his complaint sustained by the leged, in the pursuance of a conjudge of the court in Seattle, on spiracy in restraint of trade. statute of limitation grounds, and it The complaint further alleged that means that the decision of the lower at the time that the Fairbanks Bank court in regard to the demurrer has ing company purchased the Washbeen sustained by the court of apington-Alaska bank, the former instipeals. It has but little bearing on tution was insolvent and that it obthe main Washington-Alaska bank ligated itself to meet the purchase case, as far as can be ascertained. price out of the depositors' money inScratch pads for sale at The Citi stead of from the usual reserve fund demanded by law for such purposes. zen office.
