FIRST NAT. BANK Oi" TOUNGSTOWH ». HUGHES. 739 �the names of depositors, and the amounts deposited by each, and shall produce your orator's said books of account for the inspection of said auditor and said probate ]udge, and also threaten that upon the failure of said William H. Baldwin so to testify and produce said books of account, they will apply to said probate judge to adjudge said William H. Baldwin in contempt of the probate court, and to punish him for the same, and, unlesB restrained, the said James B. Hughes, auditor, and Monroe W. Johnson, prosecuting attorney, ■will, by the order of said probate court, and under its penalties for contempt, compel the said William H. Baldwin to produoe your orator's books of account for such inspection." �Complainant avers that "none of said acts done, or threat- ened to be done," by defendants, "and none of the proceedings had by said probate judge, are in anywise authorized by said act of congresB, or by any act of congress, and that the pro- duction of your orator's books of account before either said auditor or said probate judge is not authorized by either of said sections of the Kevised Statutes of Ohio, or any of the laws of said state ; and that ail of said acts are prohibited by sec- tion 5241 of the Eevised Statutes of the United States, and that the necessary resuit of said acts so as aforesaid threatened and about to be done, will be, by unlawfully exposing your orator's business affairs, to lessen public confidence in it as a depository of money, and to diminish its deposits, and greatly impair the value of the franchise with which it is invested." �Upon the allegations, duly verified by the oath of its presi- dent, the complainant prayed for an injunction to restrain the defendants James B. Hughes, auditor, and Monroe W. Johnson, prosecuting attorney, "from any further proceedings or at- tempts to inapect or have produeed, before said auditor or said probate judge, any of the books of account or papers of your orator, and from any and ail proceedings or attempts to com- pel the said William H. Baldwin, cashier of your orator, or any other of your orator's officers or servants having knowledge of its business affairs, to testify as to the deposit accounts or other accounts of your orator." ��� �
Page:Federal Reporter, 1st Series, Volume 6.djvu/751
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