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JUDGE STUDIES PLEA FOR FUND
Liberty Receiver Would Recover Securities Held for Bond.
Recovery of $134,000 worth of securities alleged to be withheld assets of the closed Liberty State bank and now held in deposit box of the First National Bank and Trust Co., also closed. sought by action of Carter Pietsch, Liberty bank receiver, under advisement by Circuit Judge Chalmer C. Taylor. Defendants named by Mr. Pietsch are: Will F. Costigan, former attorney and director of the Liberty bank: Richard M. O'Connell, former city attorney; his successor Thomas S. Weldon: the municipality; Mayor Louis F. Wellmerling and John A. Cleary, city comptrolMr. Pietsch, in arguments conducted last month before Judge Taylor, asserted that although his duties authorize him to take possession of all books, records and assets of the Liberty bank and conserve them for the benefit of the bank's creditors, the defendants unlawfully interfered with this process by refusing to surrender the assets in question. Agreement Cited.
The receiver's petition to the court recites that the Liberty bank's officials and the municipality entered secret agreement whereby. to protect the city' funds deposited in this bank. the latter would place in First National Bank & Trust Co. safety deposit box listed securities and notes secured by first mortgages on Bloomington real estate in the market value of $250,000. This agreement. given verbatim in the petition, explains that the arrangement was occasioned by the inability of the bank at that date to complete arangements for depository bonds in the city's behalf. Depository bonds which protected city funds in the bank for the two years prior to the agreement date expired May 21 and 22, 1931. and the Liberty had been designated as the city depository for another. two year period, the agreement stated. The agreement, the eti tion shows, bore the signatures of John W. Rodgers and Russell E. Shearer Liberty president and cashier, and of the then mayor, Ben S. Rhodes and City Clerk Herman J. Bock. Authority Delegated. The deposit box, the agreement stipulated. could not be opened save in the presence of Mr. Costigan or Mr. O'Connell. The latter's authority in this matter, the petition continues, was delegated to Mr. Weldon by council action last Aug. 4. Mr. Pietsch represented that when he became the bank's receiver last October, examination of the books showed the city had $130, 941.69 on deposit, carried as follows: Firemen's pension fund, $9.742.02; fund No. 1, $1,517.13; fund No. 2, $29,293.12: fund No. 3. $736.43 general fund, $24,007.85: library fund, $3,202.76; payroll, $995.05; police pension fund, $2,036.89; sinking fund. bonds, 1941, $56,500, and water fund, $2,910.44. Admittedly Assets. The petition recites that he also discovered worth of securities had been withdrawn from the files and vaults of the Liberty bank; that he was informed they were being held under the terms of the agreement in the First Na. tional bank's safety deposit box. No. 8. Mr. Pietsch stated "that said property so contained in said box is admittedly assets of this receiver having been withdrawn and taken from this bank and segregated in pursuance to said agreement which said agreement and the subsequent segregation and removal of the assets as aforesaid is invalid and void.
"The depositors of the Liberty State bank," Mr. Pietsch told Pantagraph reporter, "are entitled to as much protection as the municipality. The appellate court's opinion in the case of the People ex rel. Nelson versus Seward State bank. handed down in October, 1932, held such secret agreement invalid and void.
No Higher Rulings.
This opinion said, in part: "The statute of this state gives to banking institutions no authority to enter into secret agreements for the both. benefit or preference of one depositor over another and any attempt to do so must be held void Such practice, If countenanced. might work great injustice and inflict financial loss upon the unsecured depositors and would enable large depositors to absorb all, or the greater portion, of the assets of bank. The state supreme court refused to review the case.' Mr. Weldon informed The Pantagraph that his contention is there have been no higher court decisions applicable to the local situation. "Although the state law has since been changed," he said, "at the time of the agreement, the law was that city was entitled to depository bond from the bank designated as the municipal depository as in the case of the Liberty bank. "At the time this agreement was signed, the depository bonds of the preceding two year period had expired. Thousands of banks were failing and surety companies had
COLFAX
Mr. and Mrs. J. B. Miller and a friend, Mrs. Gertrude Gowan of LaPlace visited Monday with Mr. and Mrs. H. W. Eagan and their family. Mrs. Miller is a sister to Mr. Eagan. Mrs. Eagan returned home Sunday from the Brokaw hospital in Normal, where she was patient for several days. Her condition is about the same. There were about 50 persons of the Mt. Glieod, community surprised Mrs. Mariam Welsh and her sons at their new home near Gridley with a potluck supper at 6:30 Tuesday. Joan, eight month old daughter of Mr. and Mrs. Claude Lawrence, recently underwent mastoid operation at the Brokaw hospital in Normal and was released Wednesday of last Mr. and Mrs. A. G. Millikan accompanied Howard Roth of Fairbury to Athens and visited Satur day and Sunday with Mr. and Mrs. Lloyd Roth and their son, Maurice Dean. Howard and Lloyd Roth are refused to write any more depository bonds to protect municipal funds.
Holds Not Secret.
"Although the Liberty bank had not succeeded in getting these bonds renewed at that time, it was hopeful of doing so. Since the law at the time entitled the city to this protection and since the bank was unable to get It, in lieu, the city took depositors securities and this can hardly be construed as having been secret agreement. "It should be borne in mind that these securities were not like collateral under that agreement. The agreement specifies they were held in trust by both the city and the bank and that the deposit box could be opened only in the presence of the designated representatives of "The state law has been changed so that municipalities may no longer require depositors' bonds and it also relieves the city treasurer from liability in case of loss, even though he may have recommended a bank as depository." brothers. Mrs. Roth is the daughter of Mr. and Mrs. Millikan. The winners of the Night Bridge club during the last six months entertained the losers at the home of Mrs. Fred Dale Monday night There was potluck supper and three tables of bridge. William Thom pson has been quite ill at his home for several days Drs. Lee and Cecil Thompson of Streator spent Sunday with Mr. and Mrs. Thompson. Miss Carmelita Basso, teacher of the Leonard school, spent the weekend at her home at Athens. Mrs. M. A. Hornbeck of Chicago came Sunday to spend an indefinite time with W. Thomas and his family Mrs. Thomas is daughter of Mrs. Hornbeck Mr. and Mrs. L. C. Hornbeck of Bloomington visited here Sunday Fred Scholl of Joliet returned Tuesday after visiting relatives here last week. He spent the week end in Rockford visiting at the home of his brother, William
Neta May Ridgway, Corr.