1165. Commercial & Savings Bank (San Jose, CA)

Bank Information

Episode Type
Run → Suspension → Reopening
Bank Type
savings bank
Start Date
March 6, 1896
Location
San Jose, California (37.297, -121.819)

Metadata

Model
gpt-5-mini
Short Digest
8f9066ad

Response Measures

Capital injected, Full suspension, Books examined

Other: Assessment/ capital increase invoked to resume operations; directors initially posted liquidation notice but later decided to resume after commissioner examination and capital call.

Description

Multiple contemporaneous articles report a run by large depositors (Mar 6–7, 1896) that precipitated a suspension (posted Mar 9, 1896). Directors announced liquidation/suspension citing large loans they could not collect but stated assets exceed liabilities; bank levied an assessment and increased capital and resumed business about Apr 11, 1896. I corrected minor OCRed dates/typos (e.g., publication text 'April 0' -> April 10/11).

Events (3)

1. March 6, 1896 Run
Cause
Rumor Or Misinformation
Cause Details
Large withdrawals by major depositors triggered by rumors that President Murphy had mortgaged personal property and that the bank was 'hard up' (rumor unfounded).
Measures
Directors closed/suspended payments and posted notice; later levied assessment ($20 per share) and solicited increase in capital to shore up funds.
Newspaper Excerpt
The cause of the failure was a run on the bank Friday and Saturday last by some of the largest depositors. Many sums were drawn ranging from $10,000 to $16,000.
Source
newspapers
2. March 9, 1896 Suspension
Cause
Bank Specific Adverse Info
Cause Details
Directors cited inability to collect a number of large loans (illiquid though assets reported to exceed liabilities) leading to suspension/liquidation decision.
Newspaper Excerpt
The Commercial and Savings Bank did not open this morning. A notice posted on the door states that the directors considered it wise to go into liquidation.
Source
newspapers
3. April 11, 1896 Reopening
Newspaper Excerpt
SAN JOSE BANK REOPENS The Commercial and Savings Concern Ready for Business To-Day. Resumes under conditions that give assurances of future success. The bank will reopen its doors tomorrow morning, to resume regular business, which was suspended four weeks ago. The call for an increase in the capital stock has been responded to satisfactorily ... L. Lion, the newly elected president and manager ... said: 'The bank will reopen its doors tomorrow ... with an increase of the capital from $300,000 to $500,000.'
Source
newspapers

Newspaper Articles (15)

Article from New-York Tribune, March 10, 1896

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WESTERN BANKS CLOSE THEIR DOORS. San José, Cal., March 9.-The Commercial and Savings Bank did not open this morning. A notice posted on the door states that the directors considered it wise to go into liquidation. The assets are far in excess of the liabilities, and all the depositors will be paid in full. An officer of the bank says that the assets are $1,100,000. and the liabilities $675,000. The surplus fund is $255,000. Bernard D. Murphy is president. The cause of the failure was a run on the bank Friday and Saturday last by some of the largest depositors. Many sums were drawn ranging from $10,000 to $16,000. Their anxiety was occasioned by a. mortgage placed upon some of President Murphy's property. This started a rumor that the bank was hard up, for which there was no foundation, Murphy .rerely placing the mortgage to rearrange some private debts. Stanberry, Mo., March .-The Farmers' Bank at King City failed Saturday. Cashier D. F. Robertson issued a statement to the publio, which says the assets are $74,000; bills payable, $17,000; deposits, $32,000; loans, $48,000; cash on hand, $5,000. The fallure was due to inability to realize on loans. It is expected the bank will be reorganized in the near future.


Article from The Anaconda Standard, March 10, 1896

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AN OLD BANK. The Commercial and Savings SuspendsThe Depositors Not Uneasy. San Jose, Cal., March 9.-The Commercial and Savings bank, up to this time one of the oldest and most prosperous banking institutions in the state, closed its doors this morning. The assets are said to amount to $1,100,000 and the liabilites to about $700,000. Large loans which the bank was unable to collect caused the suspension. The directors state they are amply secured for all loans and that the bank will reopen in 30 days with a new man at the head. R. D. Murphy, the president and manager of the bank, last week deeded away a large amount of valuable real estate, but this transaction is said to have had nothing to do with the affairs of the bank. There was no panic when the suspension of the Commercial was announced and depositors do not seem to be at all nervous.


Article from The News & Observer, March 10, 1896

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NATIONAL AFFAIRS. Senator Wessinger (Dem.), of the Kentucky Legislature, dead and the whole complexion of the body changed. The Commercial and Savings bank of San Jose, Cal., closed. An accident to the battleship Indiana, the stem of the high pressure valves being bent, delays her being sent to Port Royal, S. C., for docking. A fire in Louisville, Ky., does $175,000 of damage to the Union Warehouse Comany. Two young women burned to death in Alabama while burning brush. A two-months-old child devoured by hogs in Alabama in the absence of its mother. Striking garment makers parade the streets in Baltimore, 3,000 strong. The body of a dead desperado stolen from the grave in Pennsylvania and burned. One person killed and eight injured by a trolley car accident at St. Louis. His death warrant read to Holmes, the murderer of B. F. Peitzel. Gen. Booth, of the Salvation Army, arrived in London yesterday. The Clyde line steamer George W. Clyde, which was run into during a fog, Feb. 29, hauled off the shore at Long Island. Ida Skeen, who gave the negro prisoner at Danville the pistol with which he killed the jailer confesses and is lodged in jail. Painters in San Francisco strike for increase in wages. An international billiard tournament arranged between Schaefer, Ives and Garnier or Piot. A party of "sand-hillers" in South Carolina whip a man and burn his house. Two freight trains on the Norfolk and Western wrecked near Petersburg. Three drunken negroes run over and killed at Troy, Ga., by a train. President Samuel Spencer, of the Southern Railway, now in Baltimore looking after the re-organization of the B. and O. Baltimore's city council takes the power to appoint and remove municipal officers out of the mayor's hands.


Article from The Herald, March 10, 1896

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DEPOSITORS WILL BE PAID Commercial and Savings Bank of San Jose Closed The Failure Is Due to Inability to Collect Well Secured Loans-Assets Are Large SAN JOSE, March 9.-The Commercial Savings bank of this city closed its doors this morning. A notice on the door stated that the directors deemed it advisable to liquidate. Depositors, it is said, will be paid in full. The capital stock of the bank is $1,000,000; paid up, $300,000; surplus, $255,000. B D. Murphy, one of the directors, last week gave a trust deed of valuable property to Donahue, Kelly & Co., and an absolute deed to another portion to Charles Fox. He also mortgaged a ranch near Mountain View for $30,000. The bank is one of the oldest banking institutions in the city. The directors in announcing the suspension say the assetsare largely in excess of liabilities and in the judgment of the officers the demands of all depositors and creditors will be paid in full. The announcement caused consider able excitement and a crowd gathered in front of the bank. The depositors displayed no fear and other banks of the city showed no evidence of a run. There is a general feeling that the bank will pay dollar for dollar. One of the directors of the bank said the bank would probably reopen in thirty days with a new man at its head. The cause of suspension was the fact that the bank had a number of large loans out and could not get borrowers to pay up. These loans are are a!i good. The bank loaned the Shasta Lumber company $180,000 but has good security for the amount The last statement to the bank commissioners showed liabilities and assets amounting to $1,333,000. Among the resources of the bank are loans on real estate amounting to $325,000. Loans on personal security and overdrafte. $658,000: real estate taken for debt, $72,000; money on hand, $30,215: due from banks and bankers, $94,000. Amonz the liabilities are: Paid up capital, $300,000; reserve fund. $264,000; due depositors, $739,000; due banks, $19.000; city money on deposit, $400; other liabilities. $3000. The directors of the bank and their holdings of stock are as follows: H. B. Alvord, 100 shares: J. W. Findlay. 73; L. Lion, 89: B. D. Murphy. 682; J. W. Ryland.27; Jacob Rich, 20; J. W. Rea, 204; Ed Williams, 500; L. A. Whitehurat, 250. The market value of real estate taken for debt is placed at $85,000.


Article from The Morning News, March 10, 1896

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A SAN JOSE BANK CLOSED. Its Assets Said to Be Far in Excess of Its Liabilities. San Jose, Cal., March 9.-The Commercial and Savings Bank did not open this morning. A notice posted on the door states that the directors have decided that it would go into liquidation. The assets are far in excess of the liabilities and all the depositors will be paid in full. An officer of the bank says that the assets are $1,100,000 and the liabilities $675,000. The surplus fund is $250,000. Bernard D. Murphy is president. The cause of the failure was a run on the bank Friday and Saturday last, by some of the largest depositors. Many sums were drawn ranging from $10,000 to $16,000. Their anxiety was occasioned by a mortgage placed upon some of President Murphy's property. This started a rumor that the bank was hard up, for which there was no foundation. Mr. Murphy merely placed the mortgage to rearrange some private debts.


Article from The Seattle Post-Intelligencer, March 10, 1896

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A San Jose Bank Fails. San Jose, Cal., March 9.-The Commerclal and Savings bank of this city closed its doors this morning. A notice on the door stated that the directors deemed it advisaable to liquidate. It was one of the cldest banking institutions in the city. The directors in announcing the suspension say the assets are largely in excess of the l'abilities, and in the judgment of the officers the demands of all the depositors and creditors will be paid in full. The announcement caused much excitement, and a crowd gathered in front of the bank. The depositors displayed no fear, and the other banks of the city showed no evidence of a run. There is a general feeling that the bank will pay dollar for dollar. One of the directors of the bank said the bank would probably reopen in thirty days with a new man at the head. The cause of the suspension was the fact that the bank had a number of large loans out and could not get borrowers to pay up. These loans are all good. The bank lianed the Shasta Lumber Company $180,000. but has good security for the amount. The capital stock of the bank is $1,000,000: paid up, $300,000; surplus, $155,000. The last statement of the bank to the bank commissioners showed that the liabilities and assets amounted to $1,333,000. Among the resources of the bank are loans on real estate amounting to $325,000; loans on personal security and overdrafts. $658,000: real estate taken for debt, $72,000: money on hand, $30,215: due from banks and bankers, $34,000. Among the liabilities are: Paid up capital. $300,000; reserve fund, $264,000; due to depositors, $739,000; due to banks, $19,000: city money on deposit. $2,400: other liabilities, $8,000. The directors of the bank and their holdings of stock are as follows: H. B. Alvord, 100: J. W. Findlay, 73: L. Lion. 89: B. D. Murphy. 682: J. W. Ryland, 27; Jacob Rich, 20; J. W. Rea. 204; Ed Williams, 500; L. A. Whitehurst, 250. The market value of the real estate taken for dert is $85,000. B. D. Murphy, president and manager of the bank. last week gave a trust deed of valuable property to Donohue, Kelly & Co., and an absolute deed to another portion to Charles Fox. He also mortgaged a ranch near Mountain View for $30,000.


Article from Arizona Weekly Journal-Miner, March 11, 1896

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Nogales, Ariz., March 9.-A tale gram received by Collector Webb from Marshal Meade. dated Tueson, March 9, states that advices have been received from Washington by Meade that Lauro, Aguirre and Flores Chapa with Santa Teresa Decabora, are headed for the Mexican line from San Jose. Graham county, with 600 followers for the purpose of enciting a rebellion against the Mexican government. The telegram requests Collector Webb to instruct all his men to be on guard for the insurgents, as it is supposed they will cross the lice between Nogales and Bisbee. WASHINGTON. March 9.-Senator Dubois, of Idaho, yesterday presented the report of the committee on public lands, which report he explained as meeting not only the objections of the president, but also of the citizens of Arizona, who have filed numerous protests against the passage of the bill, which was retood by President Cleveland. He said the report is unanimous and urged action upon it. SAN JOSE, Cal., March 9.-The Commercial and Savings Bank failed to open this morning. President Murphy having mortgaged his personal property to re-arrange private debts, caused rumors of the bank's being hard up, which occassioned runson Friday and Saturday, foreing the bank to suspend. Liabilities, $675,000; assets, $1,1000,000. No other local banks affected. Los ANGELES, March 9.-A telegram received in this city to day says that the supreme court of the state bas confirmed the judgment of the lower court in the case of Craig, the Los Angeles policeman, who killed his wife and both her parents, and Craig now stands sentenced to be hanged. ROCKVILLE, Ont,, March 9.-A maniac who alighted from the 11:55 train to-day shot eight men, two of whom, Moore and Boyd, are dead. W Chief of Police Rose is fatally 1wounded. The maniac himself was was shot through the body and is now in jail. His name is Lapointe. FRANKFORT, March 9 Senator Rosell Weissinger, a sound money democrat died this morning.


Article from The San Francisco Call, March 11, 1896

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SAN JOSE NOT ALARMED The Solvency of the Commercial and Savings Bank Is Conceded. Directors Favor an Increase of Capital Stock and Resumption of Business. SAN JOSE, CAL., March 10.-There was no excitement here to-day over the suspension of the Commercial and Savings Bank. As stated in THE CALL the assets about double the liabilities and there is a feeling of confidence on the part of the depositors. It is now probable that the bank will resume business much earlier than was at first expected and that the capital stock will be increased $200,000. There was an informal meeting of the directors of the bank this afternoon at which, after an examination of the securities, it was the unanimous expression that business should be resumed with as little delay as possible and at the same time that the capital stock be increased $200,000. No formal action was taken owing to the absence of one of the directors, but a meeting of the full board will be held to-morrow and the matter will be regularly acted upon. At this meeting also the list of securities as made by Commissioner Kilburn and Secretary Dunsmore will be submitted. This list shows the bank to be as sound as indicated in the reports heretofore published.


Article from The Indianapolis Journal, March 12, 1896

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Business Embarrassments. SAN JOSE, Cal., March 11.-The directors of the Commercial, and Savings Bank met to-day, and after an examination of the affairs of the bank by Bank Commissioner Kilburn decided to resume business. In order to secure needed funds it was decided to levy an assessment of $20 per share. Commissioner Kilburn says the bank is perfectly solvent and there is no need going through liquidation. LIMA, O., March 11.-John N. Hutchinson was to-day appointed receiver of the Lima (O.) electric street railway on the application of Amos E. Townsend, the president, who says the company is insolvent. The property is mortgaged to the Metropolitan Trust Company, of New York.


Article from The Kootenai Herald, March 14, 1896

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AN OLD SAN JOSE BANK CLOSED Assets Exceed the Liabilities by Nearly $400,000. San Jose, March 9.-The Commercial and Savings bank, up to this time one of the oldest and most prosperous banking institutions in the state, closed its doors this morning. The assets are said to amount to $1,100,000 and the liabilities to about $700,000. Large loans which the bank was unable to collect caused the suspension. The directors state they are amply secured for all loans and that the bank will reopen in 30 days with a new man at the head. R. D. Murphy, the president and manager of the bank, last week deeded away a large amount of valuable real estate, but this transaction is said to have had nothing to do with the affairs of the bank. There was no panic when the suspension of the Commercial was announced, and depositors do not seem to be at all nervous.


Article from Pullman Herald, March 14, 1896

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AN OLD SAN JOSE BANK CLOSED Assets Exceed the Liabilities by Nearly $400,000. San Jose, March 9.-The Commercial and Savings bank, up to this time one of the oldest and most prosperous banking institutions in the state, closed its doors this morning. The assets are said to amount to $1,100,000 and the liabilities to about $700,000. Large loans which the bank was unable to collect caused the suspension. The directors state they are amply secured for all loans and that the bank will reopen in 30 days with a new man at the head. R. D. Murphy, the president and manager of the bank, last week deeded away a large amount of valuable real estate, but this transaction is said to have had nothing to do with the affairs of the bank. There was no panic when the suspension of the Commercial was announced, and depositors do not seem to be at all nervous.


Article from The Silver Blade, March 14, 1896

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AN OLD SAN JOSE BANK CLOSED Assets Exceed the Liabilities by Nearly $400,000. San Jose, March 9.-The Commercial and Savings bank, up to this time one of the oldest and most prosperous banking institutions in the state, closed its doors this morning. The assets are said to amount to $1,100,000 and the liabilities to about $700,000. Large loans which the bank was unable to collect caused the suspension. The directors state they are amply secured for all loans and that the bank will reopen in 30 days with a new man at the head. R. D. Murphy, the president and manager of the bank, last week deeded away a large amount of"valuable real estate, but this transaction is said to have had nothing to do with the affairs of the bank. There was no panic when the suspension of the Commercial was announced, and depositors do not seem to be at all nervous.


Article from The Islander, March 19, 1896

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terests is regarded with great favor in banking circles in Europe, and, it is understood in America as tending to remove the rivalry between interests, and the governments are also believed to be friendly to the proposed combination. It is believed that an AngloFrench-American syndicate for canalbuilding is being formed, but the details are withheld. Fire destroyed a block of ten houses in Pittsburg, Pa., rendering ten families homeless, and causing a loss of $5,0000. The Commercial and Savings bank, of San Jose, Cal., has closed its doors. The depositors, it is said, will be paid in full. The defenses at Esquimalt, B. C., are again being strengthened. Seven new heavy breech-loading guns have just arrived from England. The collapse of the rear of a frame factory building in Chicago resulted in seriously injuring five persons and nearly 100 others had narrow escapes Four men were killed and one injured by the blowing up of an*engine on the Delaware, Susquehanna & Schuylkill railroad at Gum Run, Pa. A project is on foot in Vancouver, B. C., to hold a championship professional regatta at the time of the meeting of the Northwest Pacific Associaiton of Amateur Oarsmen. There have been floods in the Alpine districts of the Tyrol and in Bohemia, with avalanches and landslides on the railways. It is feared that many lives have been lost. In Oakland, Cal., two children. aged 10 and 5, were run down by an electric car and instantly killed. The children were daughters of Frank E. Booth, a commission merchant doing business in San Franicso. James Duggan, a well-known citizen of Denver and five others have left there for the Alaskan gold fields. The praty will number fifty and they will go in a chartered vessel, and carry supplies for a two years' stay. President Cleveland held his first tri weekly recepiton to the public at the White House, after a suspension of nearly two years. About 200 persons took advantage of the opportunity to shake hands with the president. In San Francisco 800 painters went on a strike. They ask for an increase of 50 cents a day, making their wages $3 instaed of $2.50. The strike was ordered by the Painters' union, and was decided upon some days ago. The president has pardoned Nathan Blum, convicted in Oregon of smuggling and conspiracy, but whose sentence was suspended, and F. M. Saulsbury, convicted in Oregon of misusing penalty envelopes, and fined $300. John L. Sullivan and Parson Davies are preparing to head a movement to place pugilism on a paying basis again. Sullivan believes sporting men should oragnize and refuse to cast their ballots for legislators or congressmen who would not agree to let pirzefighters go unmolested. Robert Edgren, the well-known university hammer-thrower, has broken the world's record for throwing the 16-pound hammer. On the Berkley campus, in Berkely, Cal., he threw the missile which has made him famous 147 feet and 7 inches. The world's record was 145 feet. The National Armenian relief committee of New York will send $10,000 to Constantinople. It is stated by the committee that the distribution of money is being now made among the Armenians, and at the present time the greatest obstacle to the work of relief is lack of funds rather than opposition by the sultan. The disreputable women who infest Morton street and St. Mary's Place, in San Francisco, are in a state of terror on account of the murder of two of their class within a month. Both women were strangled to death in their rooms, and in both cases the murderers have escaped. A dispatch from Barcelona says that the merchants of the city have agreed not to sell American products in the event of Cleveland approving the Cuban belligerency resolutions. They have also opened a subscription toward a fund, which is to be devoted to the purchase of warships. Delegates from the various commercial organizations of San Francisco held a conference as to the best means of protecting San Franicaco's trade with Eureka and other North Pacific way ports against Portland's competition. A committee was appointed to wait upon the O. R. & N. and North Pacific steamshlip companies, and ask them to discotinue their services between Portland and Eureka and intermediate points. An attempt was made to wreck the Union Pacific, Butte & Salt Lake express one mile from Pocatello, Idaho. When within a short distance of the last switch, Engineer Andrews saw a man throw the switch and run away. The engineer immediately reversed his engine. The train left the track, but fortunately the cars remained upright, and no one was injured. There is a deep fill at this point. and had the


Article from The Coeur D'alene Press, March 21, 1896

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begin soon. have no fear of the ultimate result, as I am innocent of at. tempting to overthrow the government, although participating in the revolutionary movement." J. R. Bartlett, president of the Nicaragua Canal Construction Company, confirms the report that negotiations are in progress for a fusion of the Panama and Nicaragua companies. The scheme, however, has not yet seoured the consideration of their respective boards. The consolidation of interests is regarded with great favor in banking circles in Europe, and, it is understood in America as tending to remove the rivalry between interests, and the governments are also believed to be friendly to the proposed combination. It is believed that an AngloFrench-American syndicate for canalbuilding is being formed, but the de. tails are withheld. Fire destroyed a block of ten houses in Pittsburg, Pa., rendering ten fam$5,0000. ilies homeless, and causing a loss of The Commercial and Savings bank, of San Jose, Cal., has closed its doors. The depositors, it is mid, will be paid in full. The defenses at Esquimalt, B. C., are again being strengthened. Seven new heavy breech-loading guns have just arrived from England. The collapse of the rear of a frame factory building in Chicago resulted in seriously injuring five persons and nearly 100 others had narrow escapes. Four men were killed and one in. jured by the blowing up of an engine on the Delaware, Susquehanna & Schuylkill railroad at Gum Run, Pa. There have been floods in the Alpine districts of the Tyrol and in Bobemia, with avalanches and landalides on the railways. It is feared that many lives have been lost. In Oakland, Cal, two children. aged 10 and 5. were run down by an electric car and instantly killed. The children were daughters of Frank E. Booth, a commission merchant doing business in San Franicso. James Duggan, a well-known citizen of Denver and five others have left there for the Alaskan gold fields. The praty will number fifty and they will go in a chartered vessel, and carry supplice for a two years' stay. President Cleveland held his first tri weekly recepiton to the public at the White House, after a suspension of nearly two years. About 200 persons took advantage of the opportunity to shake hands with the president. In San Francisco 800 painters went on a strike. They ask for an increase of 50 cents a day, making their wages $3 instaed of $2.50. The strike was ordered by the Painters' union, and was decided upon some days ago, The president has pardoned Nathan Blum, convicted in Oregon of smug. gling and conspiracy. but whose sen. tence was suspended, and F. M. Saulsbury, convicted in Oregon of misusing penalty envelopes, and fined $300. South Australia, which feared the construction of the British Pacific cable because it might injure its land line, will be conciliated by the offer of compensation to maintain revenue from the transcontinental line at the average level of the past five years. John L Sullivan and Parson Davies are preparing to head a movement to place pugilism on a paying basis again. Sullivan believes sporting men should oragnize and refuse to cast their bal. lots for legislators or congressmen who unmolested. would not agree to let pirsefighters go Robert Edgren, the well-known university hammer-thrower, has broken the world's record for throwing the 16-pound hammer. On the Berkley campus, in Berkely, Cal., he threw the missile which has made him famous 147 feet and 7 inchea. The world's record was 145 feet. The disreputable women who infest Morton street and St. Mary's Place, in San Francisco, are in a state of terror on account of the murder of two of their class within a month. Both women were strangled to death in their rooms, and in both cases the murderers have escaped. Delegates from the various commercial organisations of San Francisco held a conference as to the best means of protecting San Franicsco's trade with Eureka and other North Pacific way ports against Portland's competition. A committee was appointed to wait upon the O. R. & N. and North Pacific steamshlip companies, and ask them to discotinue their services between Port. land and Eureka and intermediate points. The plan for the reorganization of the Oregon Short Line & Utah North ern Railway Company, agreed to by all contending interests, has been officially issued. It calls for a foreclosure and new company to be known as the Oregon Short Line Railway Company. preserves the entire system, and also It the control of a block of Oregon Rail way & Navigation stock, which is secured by $18,000,000 collateral trust bonds, the new Short Line Company paying the assessment upon the Navi


Article from The San Francisco Call, April 11, 1896

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SAN JOSE BANK REOPENS The Commercial and Savings Concern Ready for Business To-Day. Resumes Under Conditions That Give Assurances of Future Success. SAN JOSE, CAL., April 0.-The Commercial and Savings Bank of this city will reopen its doors to-morrow morning, to resume regular business, which was suspended four weeks ago. The call for an increase in the capital stock has been responded to satisfactorily, and the directors declare that the business is resumed under auspices that give certain assurances of future success and stability. In an interview to-day, L. Lion, the newly elected president and manager of the bank, said : "The bank will reopen its doors tomorrow under conditions much more favorable for its success than it has ever before enjoyed. With an increase of the capital from $300,000 to $500,000, there is a certainty that, with conservative management, the bank will be one of the solid institutions of the State. The call for an increase in the capital stock, that was inade shortly after the payments were suspended, was responded to so satisfactorily that the bank now practically has a paid-up capital of $500,000. There is now money enough in our vaults for the transaction of business and for any emergency that may arise."