New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-06-07
BANKRUpTOY ADVgRTIgBMRETs.

Using, from which the following Is an "a -
tract: sasl /
Sec. I. And be it further enacted, Inss y
shall be the duty Of the Clerk OF me n0use
of Representatives to select IN Nnglhi6'
South Carolina, North Caroiina; Ue1lsls'
Florida, Alabama, Mississippi, houlslanai
Texas, and Arkansas one or more hty,H HpNs
pers not exceeding the nulhpeI nom s.,'. f
Nv law. in which such treaties ana laws ~
me limited States as may be ordered ior
nuhlication in the newspapers according 10
law shall he published, and in some one or
more of which so selected all such adver-
tisements as may be ordered TOR puoncatlon
in said districts, by any United States court
81. y,ldqe thereof, or By any officer OF such
co,;rts or by any executive officer of the
United States, shall be published.
And said clerk shall, rs soon as practical
Bile after the passage OF this act, notify each
head of the several executive departments,
and each Judge of the United States courts
therein of the papers selected by him in ac-
cordance with the foregoing provisions; and
thereupon and thereafter it shall be the
duty of the several executive officers
charged Herewith to furnish to such select
ed papers only an authentic copy of the pub
locations to be made as aforesaid; and no
money hereby or othe1JoiSe appropriated
shall be paid tor my publications or adver'
tisements hereafter to be made in said dis
tricts; nor shall any such publication or a.
Ueitisenent be ordered By any department or
puh!;g oTicer oiaer1etse !le:' as heii'eiH -
Uided.
The plain object and intent of this law
was to encourage loyalty and loyal recon
struction in the States named by sustaining
loyal newspapers to give to them that
patronage which legitimately belonged to
the supporters of the government rather
than to those papers which were bitterly
opposing the government and the Congress
siOnaI plan of reconstruction.
On or about the 18th Of July, 1867, the
Hon. E. H. Durell, Judge Of the District
Court for the District Of Louisiana, issued
for the government Of his court the fol-
lowing:
RULE 2O-The laws Of the United States
having made it the duty of the Clerk of the
House of Representatives to select three pa.
pers IT the State of Louisiana n which all
such advertisements as may be ordered for
publication in said districts by any United
States court OF Judge thereof, or by any OIL
Ger of such courts, or by any ex'
ecutive officer OF the United States,
shall be published" and the said
Clerk having, in compliance with the law,
designated the New Orleans REPUBLICAN,
the New Orleans Tribune, and the Homer
Had as such newspapers, they are hereby
designated as those in which all publica-
tons required by the act, or the General
Orders in Bankruptcy OF these rules may
be made, namely:
Every advertisement in proceedings in
bankruptcy required to be published shall
be inserted in the New Orleans REPUBLICAN,.
In cases where a notice is required TO be
inserted in more than one newspaper, 1t
shall also be published in either the New
Orleans Tribune or the Homer Ujdd due
regard being had to their general circula'
tion in the district or in that portion Of the
district in which said bankrupt and his
creditors reside
When the Clerk of the House Of Repre-
sentatives few months since substituted
the New Orleans Aduocais for the Tribune
the above rule was changed accordingly.
It viii be observed that Judge Durell states
that the Hon. Edward Mcpherson, Clerk Of
the House of Representatives, had, " u,
compliance lgdb The Ialo,r designated the
New Orleans REPUBLICAN as one of the
papers in which all such advertisements
as may be ordered for publication in said
district, by any United States court or judge
thereof, or by any officer of such courts, or
by any executive officer Of the United
States shall be published Nevertheless,
Judge Durell on the twenty third of last
month issued the following rule
Ordered. That all proceedings in bank.
ruptcy required by law to be published in
a newspaper may be published in any one
of the newspapers published in New Or
leans.
The reasons which have lead the 'learned
Judge" and his advisers to this course will
receive somewhat extended notice, but
the Illegally of the proceeding will be
easily settled The law is as plain as the
English language can make it. No one
can misunderstood its requirements, and
no United States judge has heretofore ven
tured to disobey it.
Neither in the general orders Oft the United
States Supreme Court, nor in the bankrupt
law, nor in any law subsequently nassed
is there anything repeating or modifying OF
conflicting with the law we have quoted
Section fourteen Of the bankrupt law, and
one or two of the General orders" of the
Supreme Court, allow a selection TO be made
from the papers designated by the Clerk OF
the House Of Representatives, and perhaps
relieve the Assignee and Clerk Of the court
from personal liability, but they by no
means relieve the late rule of Judge Du-
rell from It's plain illegAlity, nor do they
make legal or valid the bankruptcy notices
now being published in the Crescent, Plea
y,tne, and Times, contrary to the plain let
ter Of the law
This last fact is one of great i'm
pOEtance, and which nearly concerns this
whole community. We have demonstrated
that these notices are being Illegally pub
lished they are, therefore, null and vOid
and cases in bankruptcy of which they
form q part, and the discharges Of the
bankrupts in such cases, are not ,cotb III
paper on uhicb they are lsriitsa. We have
cot met one intelligent and unbiased
lawyer in New Orleans who questions tht
facts as we have stated thems and it is 3
wonder to them and to Us how United
States Judge could make such gross and
inexcuaable legal blunder. Fit concerned
only Judge DurelI and this paper and ths
interests Of the Republican party, il
would be lesa inexcussBle, but 4
can not fan 70 lead to endles.