s TTIE SUNDAY OREGONIAN, PORTLAND, NOVE3I13EK 1U, 1UT. UIDLATES LAW IN DEPOSITING Treasurer Steel Had No Right to Put Money in Title ' Bank. SCHOOL FUNDS INCLUDED All Kept tn One Deposit Xot the .Right Sort of Depository If Criminal Statute Is Violated, Prosecution Will Follow. SALEM, Or.. Nov. 9. (Special.) That State Treasurer Steel had no authority of law to deposit a dollar with the Title Guarantee & Trust Company is the posi tive opinion of District Attorney John H. McNary, after a careful study of the law governing deposits of state funds. Whether the unlawful deposits const!-, tute .a crime, he lias not fully determined. Today Mr. McNary visited the Treas urer's oftice and examined all the public records there pertaining to the relations of the state and the Title Guarantee & Trust Company. Speaking of his conclu sions, he said this evening: "The act of the last Legislature upon the subject of deposits of state funds provides ior the establishment of two kinds of depositories. The first class, defined in section 2, is known as state depositories, and in the banks selected by the Treasurer for this pur pose money from the general fund may be deposited at a rate of interest not less than U per cent. The second cltst is known as an active depository, and is provided for by sections 1 6, 7 and 8. The active depository is merely an agent of the state for the collec tion of drafts, checks, warrants, cou pons, etc. The law provides for out one active depository, but there may bo as many state depositories as the Treasurer may designate. Treasurer Deposits Funds Wrongly. "I found at the Treasury today that the Title Guarantee & Trust Company ap plied to be made an Active Depository, not a State Depository. The application was made upon a state depository blank, but the words State Depository were' scratched out and Active Depository written in. The bond given by the Trust Company is in the language of the sec tion relating to an active depository, but notwithstanding this, it appears that the Treasurer was depositing funds in the ac tive depository Just as he did in state depositories. "It has already been pointed out that the deposit law does not apply to school funds, yet, so far as I could learn, the Treasurer carried funds in the Title Guarantee & TruBt Company Bank in one account, regardless of whether they were general funds or school funds. Mr. Steel could deposit school funds in a bank for safe keeping but these should be kept separated from funds deposited under the provisions of the deposit law, for It is expressly provided that the act shall not apply to school funds. Surety Company Willing to Pay. "Whether Mr. Steel's transactions are in violation of any criminal statute, I have not determined but shall study the matter further and bring a prosecution if the facts warrant such a course." ' Attorney-General Crawford returned tonight from Portland, where he went yesterday to investigate the state's se curities. Ho says that the American Security Company, which Is surety on Mr. Steel's bonds, acknowledges Its liability and the agent expresses will ingness to pay to the state the amount tied up In the defunct bank. The Surety Company believes that with proper management the bank can be made to pay practically all claims and that it will thus recover the amount paid to the state. W. J. Clem ens, agent of the Surety Company, desires the state to hang to the timber land mortgaged if possible and thereby protect the Surety Company to that ex tent. The Surety Company desires that Mr. Steel retain his office. Mr. Crawford says that from what he could learn, there is a fair chance of the bank's paying out in full. RESTRICT THE AVITIIDRAAVALS Ro9cburg Banks Issue Letter Ex plaining Their Move. ROSEBURG. Or., Nov. 9. (Special.) The two Roseburg banks yesterday issued the following letter to their patrons: After consultation with our correspon dents and owing to continuation of the holi days, under oroi-lamatlon ot the Governor, we have decided that it Is to the bet In terests of the community to restrict wltn- drawals from our hanks to the absolute n-" cessltles of our customers. Such action has been taken by the bunks both north ana south of us. and has given general satis faction, but appreciating the confidence and stahllltj- of our own patrons, we have here tofore disregarded the holidays and met our patrons as usual, but since it has come to be the concensus of opinion that all the banks should act in harmony or unltedjy, we have decided to follow the course here outlined. I R. SHERIDAN, President of the First National Built. J. H. BOOTH. Cashier of the Douglas County Bank. The foregplng action taken by the banks of this city is merely in accordance with the position being taken by all hanking institutions throughout the state in ordor to tide over the present stringency in the money market. It does not mean that the banks will close, but that withdrawals will be restricted to actual necessities, owing to the fact that the banks of this city are unable to get money from the Portland banking-houses which Is duo them, and in the meantime protect those who have deposits in their institutions. CALLING IX CITY WARRANTS Grant's Pass Treasurer Will Put $5000 In Circulation. GRANTS PASS, Or., Noe. 9. (Special.) Colonel "W. Johnson, City Treasurer, will call in city warrants this week to the amount of J5000. These warrants are in the hands of business men around town who will put the money into circu lation. The banks are paying out cash and business is good. For several days each .bank has exposed in a conspicuous place where the patrons might see it thousands of dollars, which has tended to allay any excitement. The average citizen is drawing his money as he needs it. A good tone of business is notlceatlo in every line of the commercial industries. Good Conditions Continue at Kelso KELSO, Wash., Nov. 9. (Special.) The condition of the banking Institutions of this plRcc remains unchanged. The Kelso State Bank Is issuing the certificates of tho Portland and Tacoma clearing-houses, while the younger institution, the First National, Is paying cash on its own checks. Merchants are taking clearing house certificates without question, near ly $4J00 worth being already in circula tion here. ' A generally optimistic feeling exists here, everyone believing that the flurry will soon pass over. CLEARING VP IX VANCOUVER Shipments of Coin Arriving Daily for the Banks. VANCOUVER. Wash.. Nov. 9. (Spe cial.) The financial situation in this city is rapidly clearing up. Each of the local banks has received larga ship ments of coin in the paBt two days. President Adams, of the Citizens' Bank, states that he believes all the local banks are in a normal condition and only their inability to get coin from their correspondents has caused the stringency. In regard to his insti tution he says: "We have received several large shipments of coin in the past few days, the largest, one coming yesterday from the Sub-Treasury at San Francisco. We have a shipment on the way from New York and another from St. Paul. In ordinary times we could pay ever' de positor inside of 30 days. Our securi ties are in such a condition that we can readily realize on them.-' DEPOSITS . SHOW AX INCREASE Hood River Conditions Are Excel lent Business Not Delayed. HOOD RIVER, Or., Nov. 9. (Spe cial.) Bank deposits at Hood River during the past week show a substan tial increase over withdrawals. The financial situation here is regarded as excellent, taking into consideration conditions existing elsewhere. Al lowed money enough to take care of necessities no large amounts have been demanded and depositors have adjusted themselves to the needs of the occasion. Merchants report no falling off In busi ness and no work of either public or private nature has been delayed or In terfered with. First Certificates at Albany. ALBANY, Or., Nov. 9. (Special.) Portland clearing-house certificates made their first appearance in Albany today. A quantity of them were brought to this city by some men who had been paid with them in Portland. A few business men refused to accept them at face, but they wero afterward cashed at a local bank. STATE MDHEY IS SECURED BONUS FOR f 650,000 GIVEN BY AMERICAN Sl'RETY CO. Will Indemnify State for Funds De posited With Wrecked Title Guarantee & Trust Co. Bonds ' for $650,000 to secure state money In the hands of State Treasurer Steel have been given by the American Surety Company, of New York, of which W. J. Clemens is resident vice-president. Two of, the bonds are for $50,000 each, one dated June 11, 1907, and the other June 20, 1907, securing the state and Treasurer Steel for state money deposited with the Title' Guarantee Company. The two other bonds are for $250,000 and $300,000, respectively, dated December 8, 1906. and September 21, 1907, secur ing the state for Steel's managemerit of the state funds, the obligation to be void if Steel "shall well and truly per form the duties of said office and shall deliver over to his successor in office or to any person authorized by law to receive the same, all moneys, books, papers, records and other articles and effects belonging to his office, other wise to be in full force and effect." An additional bond of $50,000 was given for Steel by six Portland men J. Thorburn Ross, Wallace McCamant, J. W. Cook, Louis G. Clarke, M. B. Rankin and J. H. Peterson. The $250,000 bond Is as follows, and the $300,000 bond Is in the same form: Know all men by these presents: That we. George A. Steel, as principal, and American fcurety Company of New York, as surety, are firmly bound unto tho State of Oregon In the penal sum of two hundred and fifty thousand and no one hundredths dollars $So0,0O0.00) for the payment of which sum, well and truly to be made, we hprhv bind ourselves, our heirs, executors and ad- ( nuniKiraiors nrmly by these presents. Sealed with our seals and dated this 8th day of December, laofi. Now. the condition, of the foregoing obli gation la such thnt. Whereas. The said George A. Steel was on the Oth day of June. 10OH. duly elected Treasurer of the state of Oregon, and did on the 12th day of July, llKlti. qualify as such, and is still such treasurer; and Whereis, His Excellency, the Governor, has demanded an additional bond, as pro vided in section 2222. Hill's Annotated Laws of Oregon, Therefore, If the said George A. Steel shall well and truly perform the duties of said office, as prescribed by law, as also any person or persons employed by him ' in said office, and shall deliver over to his succes sor in office, or to any person authorized by law to receive the same, all moneys, books, papers, records and other articles and effects belonulng to his office, then this obligation shall be void, otherwise to be in full force and effect. GEORGE A. STEEL. (Seal.) AMERICAN SURETY COMPANY OF NEW YORK. TV. J. CLEMBXR. Resident Vice-President. M. A. ZOLLINGER. Resident. Asst. Secre tary. The two $50,000 bonds to secure ntato money In the Title Guarantee & Trust Company are as follows: Know all men by these presents: That Tho Title Guarantee & Trust Company, of Port land, OreKOn, as principal, and the Ameri can Surety Company, as surety, are held and firmly bound unto George A. Steel. State Treasurer, in the sum of fifty thousand dollars (J.VI.OOO), for the payment o which well and truly to be made, we hereby bind ourselves, our successors and assigns, firmly by these presents. Dated the 20th day of June. A. D.. 1907. Whereas, The said principal, The TUle Guarantee & Trust Company.' of Portland, Orefron, may from time to time be made the custodian of funds by George A. Steel, Treasurer of the State of Oregon. the amount whereof shall be subject to with drawal or diminution by said George A. Steel. State Treasurer, as the requirements of said state shall demand, and which amount may be increased or diminished as the said Treasurer may determine; such funds not being current funds liable to fixed Interest rate of 2 per cent per annum, but surplus and other funds in the hands of the State Treasurer. Now. therefore, if said The Title Guaran tee & Trust Company, of Portland, Oregon, shall well and truly keep the said sums of money so deposited or- to be deposited as, aforesaid, subject at all times to the check and order of George A. Steel. State Treas urer, as aforesaid, and shall pay over the same and any part thereof upon the check or written demand of the said George A. Steel, State. Treasurer, and to his succes sor as shall by him be demanded, and shall in all respects save and keep said George A. Steel. State Treasurer, harmless and In demnified for and bv reason of the making of said deposit or deposits, then this obli gation shall be void' and of no effect, other wise to be and to remain In full force and virtue. Witness our bands and seal the day and year first above written. TITLE GUARANTEE TRUST COMPANY, By J. Thorburn Ross. President. AMERICAN SURETY COMPANY OF NEW YORK. Bv W. J. Clemens. Resident Vice-President. Attest: John K. Kollock. Resident Asst. Secretary. Colonel Joseph H. E.-tlll, Savannah. SAVANNAH. Ga.. Nov. 9. Colonel Joseph H Estill, proprietor of the Sa vannah Morning News, died tonight. IS SMALL DEPOSITORS (Continued Prom First ?ag-.) was insolvent before Ladd ceased to be a director last July.. Attorney-General Crawford, repre senting the state, and W. J. Clemens, representing the American Surety Company, which bonded Treasurer Steel, have agreed to ask the Federal Court to supplant George H. Hill with John F. O Shea as receiver. Mr. Clemens announces that he would have cancelled the $100,000 bond for security of state money in the bank, had he known W. M. Ladd was not a director. Treasurer Steel says letters from wrecked bank asking him for loan of school money bore the printed name of W. M. Ladd, director. American Surety Company will prob ably admit its liability for $95,000 of the state money, under its $100,000 bond, but may fight liability for $30J, 000 school money, under $550,000 bond for Steel's management of state funds. State officials, though of opinion the state should not be a preferred cred itor, will cause Steel to hold the tim ber land collateral, in order to pre vent the surety company from charg ing the state with failure to protect its funds. District Attorney McNary, of Marion, holds that Steel had no authority of George H. Hill, Receiver of the Title, Guarantee & Trust Com pany. , law to deposit money in the bank, since it was but a collection deposi tory and not a designated state deposi tory. Governor Chamberlain wishes no prosecution of Steel at present and will urge no. steps to oust him from office, until financial and other mat ters have cleared up. District Attorney Manning says he is waiting to see if reorganization of the Oregon Trust & Savings Bank can be accomplished before prosecuting the officials of that defunct bank. American Surety Company says Steel need not resign to force it to make good its bond, since it stands ready to pay without protest any proper claim, and will not fight payment on techni calities. Governor Chamberlain will continue the legal holidays this week. President J. Thorburn Ross. Vice-President George H. Hill and Treasurer T. T. Burkhart, officers of the Title Guarantee & Trust Company, were arrested yester day morning on warrants from the Mu nicipal Court, because that is the only court open during the holidays. The charge was accepting money for deposit, knowing that the bank was at that time insolvent. The men will have their preliminary hearing Tuesday and will probably be bound over to the Circuit Court. "When I get them before a Jury," said District Attorney Manning, "I will be able to con vict them in two hours." A law of the last session of the Legislature makes it a felony for bank officers to receive de posits when they know their bank Insol vent. Mr. Manning is confident that this provision of the law is now in force. One part of the act provides that banks shall make reports to the Bank Examiner within 12 months after the act went into effect last May and another clause pro vides that within IS months all banks shall have complied with every feature of the law. Mr. Manning contends that the application of the law as to insol vency is not deferred. All of the prisoners were taken to po lice headquarters. where they were booked. They furnished bonds of $5000 each, after which they, were released. Warrants are also out for Secretary John L. Aitchlson and Director F M Warren, neither has been arrested, as Aitchlson Is in New York and Warren is In Japan. C. P. Ehman, a real estate dealer of Si East Third street, charges In the com plaint, to which he swore yesterday morning, that the officers of the bank ac cepted from him on October 28, the sum of $550 on deposit, the allegation being that they were aware at the time of the insolvency of the institution. District At torney Manning issued an information of felony, through Bert E. Haney. his deputy, and warrants were issued by Clerk Hennessy of the Municipal Court, by order of Judge Cameron. Captain of Police Moore, commanding the day relief, was then given the warrants for service and the arrests were made at once. Lawyers Joseph Simon and Wallace Mc Camant accompanied the officials of the bank to police headquarters and arranged for bonds of $5000 for each of their clients. J. C. Bayer and A. A. Lindsley went on the bonds of George H. Hill and T. T. Burkhart, and E. Quackenbush and Mr. Llndsley for J. Thorburn Ross. The complaint of Ehman, which led to the arrest of Ross, Hill and Burkhart is as follows: In the Municipal Court for the City of Port land, County of Multnomah. State of Oregon. The State of Oregon vs. J. Thorburn Row, T. T. Burkhart, John B. Aitchlson. F. M. Warren and George H. Hill, defendants State of Oregon, County of Multnomah, ss. Be it remembered that this day there per sonally appeared before me. Municipal Judge of the City of Portland, and a committing magistrate, C. F. Ehman, who, being first duly sworn as a witness concerning the fact, upon hi oath deposed and said that the crime of unlawfully receiving deposits In a bank had been- coiymltted by J. Thorburn Ross. T. T. Burkhart, John E. Aitchlson, F. M. Warren and George H. Hill, as follows, to-wlt: The said J. Thorburn Roes, T. T. Burkhart, John E. Aitchlson. F. M. Warren and George H. Hill, on the 28th day of October, A. D. 1907. in the City of Portland. County of Mult nomah, State of Oregon, then and there be ing the ownem and 'Officers of a certain bank, to-wlt, the Title Guarantee & Trust Com pany, a corporation, which bank was doing a banking business In the said city, county and ptate. did then and there, as such officers and owners, wilfully, unlawfully and felon iously accept and receive a certain sum of money, to-wlt, $,".50, .lawful money of the United States of America, and of the vaJue of $.0, from and of one C. F. Ehman, and LAD n BANK '" '' ' " '""I ! ' . ' t I ' ' i ; I I K S ' ' ' I ? X . " v ' i - I 4 . , I I : t T? - " " ' 1 I i " s SOisdt - i T ' - v K j I -t v f i 2 f:'-Lm..: being the personal property of him, the said C. F. Ehman. they, the said J. Thorburn Ross. T. T. Burkhart. John E. .Aitchlson. F. M. Warren and George H. Hill, all then and there well knowing that said bank m then and there insolvent, contrary to the statutes in such casee made and provided, and against the peace and dignity ot the State of Oregon. Dated this 8th day of November, A. D. 1907. C. F. EHMAN, Informant. Subscribed and sworn to before me this 9th day of November. A. D. 1807. GEORGE) J. CAMERON, Municipal Judge of the City of Portland and ex officio Justice of the Peace. I move the Court on the within informa tion that a warrant issue for the apprehen sion of the said J. Thorburn Ross, T. T. Burk hart, John E. Aitchlson. F. M. Warren and George H. Hill. JOHN MANNING, District Attorney. By B. B. HANEY, Deputy. President Ross Welcomes News. President ' Ross welcomed the an nouncement of Mr. Ladd's action last night as "pretty good news." He was of the opinion that depositors would receive no interest after the date of the receivership. "It seems to me," he remarked, "that If this offer had come earlier, it would have been like the action of the man who gives twice who gives quickly. But It is a considerable lift, even now, and will assist greatly in the process of liquidation. I think it will go very far toward making the bank pay out fully. It means, too, that Mr. Ladd will get everything that shall be left over, Including the stock.- But he is en titled to it. I only wish his aid had come earlier. "With expenditure of about $80,000, the Marquam block can be made to pay a good net income on $1,200,00D, without the theater. We carried it on our books at $615,000, and as there is a $215,000 mortgage on it, that means we listed It among our assets at $400, 000. The property is assessed for taxes this year at $8S4.000. The main building can be made to pay 8 per cent net on $800,000, by expenditure of $80,000 for improvements. The adjoin ing property on Sixth street Is worth $325,000." The statement of. liabilities and assets, as made out by President Ross, after the failure, was as follows: Liabilities. Demand accounts $1,053,000 Savings accounts 405.000 Time certificates of deposit 175.000 Demand certificates of deposit.... ai5.K0 Due other banks 610,000 Total $2,560,000 Assets. Stocks and bonds $ 863. Ono Loans and discounts 1,447. ooo Mortgage loans lKrt.OOO Accounts receivable 2.TiO,000 Overdrafts ' 19.000 Real estate 13.000 Abstract plant 125.000 Safe deposit vaults 60.000 Miscellaneous assets 2S.00O Cash (exclusive of trust funds).... 18,000 Total $3,000,000. The item, demand accounts, includes the $316,000 state money. The savings ac counts, of $405,000, Is what Mr. Ladd has guaranteed. The demand certificates, $315,000. includes $IB0,000 loaned the bank recently by Ladd & Tilton and the First National Bank. The item, due other banks, includes $607,000 owing Ladd & Til ton. In the stocks and bonds assets, $S63,000, are Included the following: Stock of Ore gon Company (Marquam block), less $215,- 000 mortgage, $400,000; stock of Commer cial Trust Company (Commercial build ing), less $100,000 mortgage, $152,000; bonds of Oregon Land & Water Company (30.000 acres Umatilla irrigation lands), $225,000; bonds of the Commercial Club, $5000; bonds of Deschutes Irrigation & Power Company, $25,000; total, $507,000. The loans and discounts item contains the following loans: M. B. Rankin, $500, 000; Oregon Land & Water Company, $90,000; Portland Development Company and Colonial Investment ' Company (at Willamette Heights, including money loaned to' Lafe Pence), $400,000. It Is the universal opinion that the timber collateral in Benton and Ma rlon Counties, asslged- to State Treasu rer Steel for security of state money, will not hold. State officials do not expect it to hold and say that the state should not be preferred over other creditors. But they will cause the State Treasurer to keep It until the court shall give an order of re lease. Attorney-General Crawford says that voluntary release by Mr. Steel would expose the state to a charge by the bonding company of falling to pro tect the state funds, and might work against recovering indemnity. Surety Company Is Liable. There seems a clear liability for the American Surety Company to make good as to $95,000 of the state funds. Liability for the $300,000 school money is involved with the question whether the State Treasurer has authority of law to deposit that money in the Ross bank. Mr. Steel called on W. J. Clem ens yesterday, resident vice-president of the American Surety Company, and informed him that he (Steel) had acted wholly within the law. Steel has al ready sent Mr. Clemens official notice of the failure of the bank and of the state's claim. "When we get the notice." said Mr. Clemens yesterday, "we shall investigate the claim and if it is Just we shall pay it at once by reimbursing the state and taking over the state's claim on the bank. My company never resists claims on tech nicalities. It could have done so, after failure of the Oregon Trust & Savings Bank, in which the state had $35,000. but did not, and promptly paid Mr. Steel the money. Our company could pay the whole of this claim and not be stag gered. "We want some other man for receiver. It does not seem right that Mr. Hill, who as vice-president of the Title Guarantee & Trust Company, helped wreck the bank or stood by when It was wrecked, should now pilot it in the midst of destruc tion." Mr. Clemens conferred with Attorney General Crawford yesterday and they agreed to ask for a new receiver. Mr. Clemens says he advised hlt com pany to bond the bank, because he be lieved Mr. Ladd was a director. Mr. Steel says the printed name of W. M. Iadd, as director, appears on the letter from President Ross, asking for loan of school money. Oregon Trust Not Forgotten. District Attorney Manning announces he has not forgotten the officers of the defunct Oregon Trust & Savings Bank, who violated the law by receiving de posits when they knew the bank in solvent. "Many persons are censuring me," he remarked yesterday, "for not prosecut ing the efliclals of that bank. I want the public to understand the situation, Just as It Is. I would have arrested them, if it had not been for Warren B. Thomas, attorney for depositors: A. B. Reames, of Jacksonville, who represents $S5.000 de posited by a railroad in Southern Oregon; Eeveral other attorneys and about 500 de positors who besieged me at my home and at my office, wrote me letters and kept my telephone busy, begging me not to arrest the officials of the bank, be cause they were working on a proposition to reorganize and reopen and pay the depositors In full. I told the gentlemen I would not do anything to hinder the de positors getting their money. I agreed with Reames and Thomas, that if Presi dent Moore would turn in his personal holdings for the benefit of the creditors, 1 would refrain from making arrests for the present. "Mr. Reames tells me Mr. Moore has done this. If It has not been done I shall certainly see that it shall be done and it is not too late now to arrest the officials of the defunct bank. I am simply waiting to see whether the reorganization Is per fected. The state loses nothing by the delay and the creditors have everything to gain." ....... lYv cawt Wet (A U U y HELD OFF REASON FOR NOT PROCEEDING AGAINST OREGON BANK. Waiting Cntil Promoters Have Time to Place Reorganization Scheme Into Effect. Lest there be criticism of District Attorney Manning for his action in causing the arrest of the officials of the Title Guarantee & Trust Company and leaving the officers of the Oregon Trust & Savings Bank at liberty, A. E. Reames, attorney for President Moore, of the latter institution, made the following statement last night: Many people are asking why John Manning, as District Attorney, did riot take action against the officers of the Oregon Trust & Savings Bank, but is at this time proceeding against those in control of the Title Guarantee & Trust Company. . I believe it Is due to Mr. Manning that the public should know the facts. 1 came here representing a claim ag gregating $.31,500. and for which I felt more or less a moral, If not a legal re sponsibility. Naturally the important quebtion with me was how to get the money. I at once saw that this could not be accomplished unless the other depositors were cared for in like man ner. I found that Mr. Manning was Intending to make an investigation to determine whether there was any crim inal liability on the part of the officials of the bank. Mr. Moore had from the first au thorized me to draw the proper con veyances of his personal holdings to Mr. Devlin, and was continually re minding mo that these conveyances should be made. I did not know any thing about the internal affairs of the bank. I only knew that Mr. Moore was insistent that the deeds of his property should be made in order that depositors might know that he had not profited by the failure and was willing to give his property to assist in pay ing the bank's debts. Without considering the question as to whether there was criminal liabil ity. I was anxious to promote a plan that would give everyone the money duo. I satisfied myself that our re organization plan would do this if the people would assist. I, therefore, went to Mr. Manning and asked him to let us try our plan without regard to whether there was criminal responsi bility or not. He insisted upon know ing whether my plan protected the small depositors and the great ma jority of them. I told him that the plan was equal to all. By these as surances I succeeded in getting him to defer action for a few days. When I found that he was insistent upon pro ceeding, I showed him the entire plan, and pledged him my word of honor that I would use every effort to make It succeed, if he would give us time, convircing him In the meantime that his proceeding would result in sub stantial loss to all. In this manner I finally succeeded, with the help of several influential business men. in getting him to agree to defer further investigation until the reorganization plan might be tried out. ' It seemed clear that with a' million of dollars invested in one class of good securities, it would be easy to reduce the bank's liability in a corresponding amount. This done, there was suffi cient new money, which, when added to the collections to be made by the re ceiver, would make it a banking proposition for a new concern to take hold ot the assets and assume the lia bilities. I have made my word good to Mr. Manning by putting in my time at my own expense since the 2oth or 26th of August. The Depositors' Associa tion has been working both night and day- along the same line and giving most valuable assistance. Without this organisation It would have been very much mere difficult to have reached the point that we have now attained. Mr. Manning has been a frequent visitor at the bank to inquire as to progrers. If he had interfered by means of criminal proceedings, whether wise or unwise, our plans would have been at an end. It has been his solici tation for the depositors that has caused him to defer investigation, and I am sure that when the public under stands the facts as they are, he will be commended for his course. The at titude be has assumed has not inter fered In any way with his following finally the same course which he would have followed if we had not ap z f2v 00. 000 Pk ZvJrrtoK out- B.TjA pealed to him in behalf of the 17.000 depositors, whose interests are alike with ours. Depositors Meet Tonight. A meeting of the depositors of the Title Guarantee & Trust Company has been called at Drew Hall, southeast corner of Second and Morrison streets, at 8 o'clock tonight. Only depositors bringing their passbooks will be admitted. BRAZIL OUTLET FOR JAPAN Negotiations Pending for Immigra tion of B000 Annually. OREGONIAN NEWS BUREAU, Wash ington, Nov. 5. Barred from the United States, Japanese coolies are turning to Brazil, where, according to the Bra zilian Review, they hope to gain ready admission. This newspaper, published In Rio de Janeiro, says: It Is reported from Yokohama that North America and Australia, being prac tically closed to the Japanese Immigrants. Japan will now turn its attention to Brazil as a point toward which Its surplus popu latlon shall be directed, and that negoti ations will be opened with the Brazilian government forthwith to arrange for the landing of R000 Japanese in that republic every year. From Milan also comes an an nouncement to the effect that the Japanese government has proposed to the Italian Am bassador at Toklo that the Navlgazlone Generals Itallana Bhall undertake the trans port of these emigrants and for that pur pose shall establish a new steamship serv ice from Yokohama to Genoa. From Genoa to Brazil, as is well known, the NaviKazlone Generale already runs & direct line. There Is said to be no doubt that the Italian com pany will establish the new line, seeing that a guarantee for the transport of t000 third-class passengers . from Yokohama to Genoa every year will be equivalent to a considerable state subsidy. Besides this. It Is thought that the Navlgazlone Generale may safely reckon on getting Its bands on the entire traffic In passengers of the bet ter class, as well as the goods traffic, be tween Italy and Japan. Spend Afternoon I'p In Air. CONCORD. N. H., Nov. 9. The bal loon Stevens 21 landed In London, N. 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