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SUIT TO RECOVER WAGES DISMISSED of a group of laborers in the beet fields to unpaid wages from the 1929 harvest from dismissed on their by the court The had petition District court Morrill county the adjustment affairs of the Bank of Bayard. The bank receiver had refused ment of the and the District court redemurrer to the petition in
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ART TORGESON SUCCEEDS BLISS AS BANK RECEIVER Arthur Torgeson, brother of Atty. Torgeson of this city and forbank employe here, will succeed H. Bliss as bank receiver in this district. special from Gering says: Bliss, former secretary of trade and commerce, presented his final report and resignation as receiver for seven defunct state banks in the Seventeenth judicial district to Judge Carter here Tuesday. Torgeson of Scottsbluff appointed to succeed Bliss as The defunct banks involved in Tuesday's reports are Irrigators', Scottsbluff; American bank and Mitchell State, Mitchell; Lyman State, Lyman: State bank, Bank of Bayard at Bayard; Nebraska State at Bridgeport.
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TORGESON SUCCEEDS BLISS Scottsbluff Man Named as Bank Receiver-Files Bonds at Once. GERING. (AP). District u d Carter Monday accepted the resignation of Clarence G. Bliss, former secretary of the state department of trade and commerce, as receiver of seven defunct state banks in western Nebraska. A.E. Torgeson of Scottsbluff, assistant to, the receiver, was named to the position vacated by Bliss. Torgeson filed bonds immediately after his Judge Carter previously had denied the application of E. H. Luikart, present secretary of the commerce department, for appointment as receiver. According to state law the commerce department secretary shall be receiver of failed state banks. Judge Carter, however, declined to transfer the receiverships to Luikart, saying he would not make the transfer to Luikart until he was assured there would be no interference from Governor Bryan. The seven banks are located at Bridgeport, Bayard, Lyman, two at Mitchell. Scottsbluff and Minatare. Torgeson now is receiver of eleven failed banks in this district.
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Luikhart Files Suit To Oust Torgeson as Failed More fireworks broke out this week in the defunct bank situation in westNebraska, when word was received that E. H. Luikart and Gov. Bryan were filing suit to have Torgeson removed as receiver eleven failed banks in western Nebraska. Torgeson was appointed by Judge E. Carter some time ago. The Governor charges that Torgeson has received more pay than any other bank receiver, and that such excess salary must come out of the depositors' share of recovered funds in failed banks. further declared that banks in of the state would not pay out percent under Torgeson. Mr. Torgeson states that he will be glad to have an investigation of his management of failed banks. He cites several instances where banks he has handled have paid out considerably more than that, as follows Irrigators, Scottsbluff, 57 per cent; American State, Scottsbluff, 58.25; American bank, Mitchell, 50; Bank Bayard, Bayard, 50; Nebraska State, Bridgeport, 55.9; Mitchell State, Mitchell, 35.5; Lyman, 17; State Bank. of Minatare, Minatare, Bridgeport bank, Bridgeport, 16 per cent.
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POWER TO SELECT BANKS' RECEIVERS Legislature Held to Have Overstepped Powers in Enacting Law. Declaring that the imperative duty the judicial department of government to protect its jurisdiction. at the boundaries power fixed by the constitution and that the naming of state bank judicial function which exercised or trolled the governor or legislature, supreme Saturday upheld the action of District Judge Carter Morrill in refusname H. Luikart, secretary trade commerce, receiver for Mitchell State bank, Irrigators bank Bridgeort, Lyman State bank, State bank of Scottsbluff, State bank Bridgeport, State Bank of Minatare, and Bank of Bayard. Justices Paine and Day dissented. The court, an opinion written Justice Rose, that legislative act providing that the secretary trade commerce shall be the receiver of all insolvent state banks amounts no more than judicial proceedproperly pending court equity liquidation of bank, than legislative recommendation to the judiciary to point him, otherwise the enactment an encroachment on judicial power. Judge Carter Named Torgeson. Judge Carter was the only district judge who refused name Luikart, when the latter succeeded Bliss. He appointed Torgeson, who been assistant ceiver under Bliss, the ground that having had actual charge liquidation of these seven banks better position serve all interests than Luikart, name one to handle their The court points out in its sion that the statutes nowhere provide for the liquidation of state banks invoking the judicial power the state, the has granted any officer, administrative board, or tribunal (Continued on Page 8.)
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COURT SUSTAINS OF DISTRICT JUDGE ER OF GERING Lincoln, April braska supreme court today tained the action of District Judge Carter of Gering appointTorgeson Scottsbluff failed state banks the Seventeenth judicial district. Judge Carter had refused the plication secretary the trade to be made succeeding Bliss, his predeoffice. The supreme court held that where liquidation state bank conducted in court equity the procedure judicial and executive. The court also ruled that the appointment of receiver should not be or controlled the governor legislature. the imperative duty of the judicial protect its jurisdiction the boundaries of power fixed the constitution, the court legislative for the appointment the of the department trade and receiver all state must regarded as merely legislative the court, opinion stated. Otherwise this would the court finds. The decision of the court terminates controversy between banking department officials, Gov. Bryan Judge Carter. Torgeson was receiver the banks when Clarence Bliss, former secretary of the department trade resigned Radke, counsel for the receivership division, applied for the of Luikart, but refused by Judge Carter. Judge Carter announced would consider substitution of Luikart Bliss until assured Governor Bryan would not interfere Luikart receiver. Torgeson subsequentnamed. The seven banks concerned the today the State Bank of Minatare, Mitchell State bank, the Irrigators' Bank of Mitchell, the Nebraska State Bridgeport, the Bank Bayard. eighth bank the Seventeenth district turned Torgeson was the Bridgeport bank. cause properly before court of equity for the court added the appointment of judicial which cannot be exercised controlled the governor Bryan today declined discuss the court decision until he studied Secretary Luikart also was reluct said far physical concerned and there's lot of with no extra Radke, receivership counsel, immediately announced he would ask the court rehearing and would submit brielf support of motion within few days. Referring the decision said means the return the abandoned method of appointing independent receivers. 'According ruling," added. may may appointed receiver failed bank. The matter purely the control of the
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COURT FIGHT LOST BY CASES Decision Upholds Torgeson as Liquidation Officer in 17th District LINCOLN, April 16, Nebraska supreme court Saturday sustained the action of District Judge E. F. Carter of Gering in appointing A. Torgeson of Scottsbluff as receiver of seven failed state banks in the Seventeenth judicial district. Judge Carter had refused the application of E. H. Luikart, secretary of the state department of trade and commerce. to be made succeeding Clarence Bliss, his predecessor in office. The supreme court held that where liquidation of state bank conducted court equity the procedure is judicial and not The court also ruled appointment of receiver should not be made controlled by the governor legislature. the imperative duty of the judicial to protect its jurisdiction the boundaries power fixed the constitution, the declared legislative act providing for appointment of the secretary department of trade and commerce receiver for all insolvent state banks must be regarded merely legislative recommendation the court, the opinion stated. Otherwise this act would unconstitutional, the court finds. decision terminates con troversy between state banking officials, Governor Bryan and Judge Carter appointed receivof the banks when Bliss. of the department of trade and resigned. Radke, counsel for receivership division, applied for appointment of Luikart. Judge Carter refused to consider this unless assured Bryan would not interfere with Luikart ceiver Torgeson subsequently was The seven banks concerned are the State Bank of Minatare. Mitchell State bank. Irrigators Bank of Lyman State American Bank Mitchell braska State Bank of Bridgeport and the Bank Bayard eighth the Seventeenth district turned Torgeson was the Bridgeport bank. Bayard A. Paine and L. Day dissented from the supreme court decision.
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Courts Only Have Power To Select Banks' Receivers Declaring that the imperative duty of the judicial department government protect its jurisdiction the boundaries of power fixed and that the naming state bank receivers judicial function which cannot be exercised controlled the governor the supreme court urday upheld the action of District Judge Carter Morrill in refusing name secretary trade and commerce, receiver the State bank, Irrigators bank Bridgeport, Lyman State American State bank Nebraska State bank State Bank of Minatare and Bank Bayard The in an opinion written Rose, that providing that secretary trade and commerce shall be the of all insolvent more than pending equity for the liquidat bank, than legislative the judiciary point the enact ment would be an judicial power. Judge the only district judge refused name when latter succeeded He appointed Torgeson, who had been under Bliss, on the ground that having had charge the liquidation of these seven banks he a better sition all interests than Luikart who must necessarily to handle their liquidation. The court points out in its decision that the statutes nowhere provide the liquidation of state banks without invoking the judicial power the and the legislature has never granted to any executive administrative board, department tribunal authority wind of banks without invoking the of the court. The law that the secretary of trade and commerce shall report bank's insolvency to the attorney general, shall ask the courts name receiver, and then proceeds to tell the court shall name the secretary as receivUse of the courts for purposes liquidation has been the universal practice both before and after the under discussion was passed. law makers themselves judicial sale barn the Teeter Stock Co., which has done business during the fall and and which has attracted large crowds to Beaver City every Friday afternoon, closed last Friday for the summer. Sales are limited during weather and would be warm profitable conduct the sale until early fall. when will re-opened and conducted as hereto-
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TORGESON WINS IN SUPREME COURT SUPREME COURT UPHOLDS DECISION OF JUDGE CARTER IN BANK RECEIVER CASE Linceln. April 16-The Nebraska supreme court today affirmed the action of District Judge E. F. Carter in appointing A. E. Torgeson as receiver of seven failed banks in the seventeenth judicial district. The deeision terminates a controversy between state banking department officials, Governor Bryan and Judge Carter Torgeson was appointed receiver for the banks when Clarence G. Bliss, former secretary of department of trade and commerce, resigned. F. C. Radke, counsel for receivership division. applied for appointment of E. H. Luikart, Bliss' successor, but this was refused by Carter. Carter announced he would not consider substitution of Luikart for Bliss until assured Governor Bryan would not interfere with Luikart as receiver. Torgeson subsequenty was named. The seven banks concerned in the decision today are: State bank of Minatare Mitchell State bank, Irrigators bank of Scottsbluff, Lyman State bank, American Bank of Mitchell, Nebraska State bank of Bridgeport, and the Bank of Bayard. The eighth bank in the district turned over to Torgeson was the Bridgeport Affirming Judge Carter's action, the court held where liquidation of an insolvent state bank is conducted in court of equity pursuant to law, the proceedings is a judicial and not executive order, from which an appeal is allowed by statute. "In a cause properly before court of equity", the court added, "for determination, appointment of a necessary receiver is a judicial function which cannot be exercised or controlled by the governor or the legislature." The court also said: "It is an imperative duty of the judicial department of the government to protect its jurisdiction at the boundaries of prower fixed by the constitution.' Answering the contention of Governor Bryan, Luikhart and Radke, that the law clearly specifies the trade and commerce department secretary shall be sole and only receiver, the court said: "A legislative act providing the secretary shall be the sole receiver of all insolvent state banks, amounts to no more in a judicial proceeding, properly pending in a court of equity for the liquidation of a bank, than legislative recommendation to the judiclary to appoint him. as otherwise the enactment would be an unconstitutional encroachment on judicial power." The affirming decision, written by Justice W. B. Rose and concurred in by majority of the court, was dissented to by Justice Bayard A. Paine Justice L B. Day also dissented to the majority decision, but did not concur in Justice Paine's prepared opinion of dissent.
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POWER TO SELECT BANKS' RECEIVERS Declaring that the imperative duty of the judicial department of government to protect its jurisdiction at the boundaries of power fixed by the constitution and that the naming of state bank receivers judicial function which cannot be exercised or controlled by the governor or legislature, the supreme court Saturday upheld the action of District Judge Carter at Gering in refusing to name E. H. Luikart, secretary of trade and commerce, as receiver for the Mitchell State bank, Irrigators State bank of Bridgeport, Lyman State bank, American State bank of Scottsbluff, Nebraska State bank of Bridgeport, State Bank of Minatare, and Bank of Bayard, says the Nebraska State Journal. The court, in an opinion written by Justice Rose, says that legislative act providing that the secretary of trade and commerce shall be the sole receiver of all insolvent state banks amounts to more than judicial proceedings, properly pending in court of equity for the liquidation of bank, than legislative recommendation to the judiciary to appoint him, as otherwise the enactment would be an unconstitutional encroachment on judicial power. Judge Carter was the only district judge who refused to name Luikart, when the latter succeeded Bliss. He appointed E. Torgeson, who had been assistant receiver under Bliss, on the ground that having had actual charge of the liquidation of banks he was in better position to serve all interests than Luikart, who must necessarily name some to handle their liquidation. The court points out in its decision that the statutes nowhere provide for the liquidation of state banks without invoking of the state, and the legislature has never granted to any executive officer, administrative board, department or tribunal authority to wind up affairs of banks without invoking the aid of the court. The law is that the secretary of trade and commerce shall report bank's insolvency to the attorney general, who shall ask the courts to name receiver, and then proceeds to tell the court that it shall name the secretary as receiver. Use of the courts for purposes of liquidation has been the universal practice both before and after the law under discussion was passed. The law-makthemselves provided for judicial liquidation. The court says that as the governnames the secretary and may retire him and name another, the effect of the law is to make it mandatory the courts to name whoever he names, and to modify the judgment of the court. Neither the executive nor the legislative pending cause, can change or modify judicial orders or lawfully require the court to do judicial order pending litigation does not hange with political fortunes or legslative executive appointments. The framers of the constitutions, state and federal, have adopted the plan of executive, legislative and judicial departments independent of each other. has been regarded by statesmen and philosophers as an outstanding advancement in the sciof government. Thruout the judicial history of the present systhe courts have scrupulously respected the prerogatives the other departments and extended the comity due governmental divisions of equal rank, but courtesy does not extend to the surrendering of judicial power.