New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-06-19
MARK THE CONSEQUENCES,


MARX THE CONSEQUENCES,
If by any untoward interposition, human
or divine, Judge Durell should be removed
from the bench of the United States Court
for the Eastern District of Louisiana, the
vexation of spirit and pecuniary loss which
would be entailed upon present and past
litigants in that Temple of Justice" ex-
pands beyond even the comprehension of
an ordinary mind. Without reference to
any other branch of legal business there
pursued, let US briefly examine the course
of proceedings under the bankrupt law.
In suits of this character pending before
the court the interests Of hundreds, aye,
thousands, of our people are at stake, and
millions upon millions of dollars are in
volved. This being the case, the assertion,
which we boldly make, that Judge Durell
has widely overstepped his powers as de-
Gned by the law, is one of greatest i'm
portance, and one which the proper func-
tionaries of the government should take all
requisite steps to fully and Immediately
investigate.
1t is not often that we unqualified
ly approve the editorial structures
Of our contemporary the Times, but
its denuneiatiOn of the appointment by
Judge Durell Of a general receiver in
bankruptcy for his court certainly has our
hearty Endorsement. This Office is illegal
wholly unprovided for in or contemplated
by the law, and its creation is an astound
ing act of favoritism without parallel in
the judicial history Of the country.
Section thirteen of the bankrupt law says
q And be it further provided, That the
creditors shall, at the first meeting held
after due notice from the messenger, in
presence of a register designated by the
court, choose one or more assignees of the
estate of the debtor, etc." But Judge
Durell disregards the law, and makes
Mr.. E. E. Norton the lucky recipient of
unparalleled Partially, and our cotem-
porary anxiously inquiries who he is
and what especial merit he possesses that
millions in money and real property should
be placed under his control without the
value Of fractional currency note being
demanded as security. The law explicitly
gives to the creditors of bankrupt the
right to have an assignee of their own choice,
doubtless on the very natural presumption
that they would prefer one of their own
number-an immediately interested party
in so respon7ible position. This is the
practice in other parts of the country; but
here we find an order entered upon the
records of the court that this Mr..
Norton shall be the assignee in all
cases and already more than
six hundred estates have been placed in
his hands. We can not answer the ques-
ton of our contemporary as to the special
responsibility of the General Assignee for
these enormous trusts; but are left to sup
pose that it is entirely of a moral nature
from the fact that he has not heretofore en-
joyed the reputation of controlling any
large amount of capital. Flesh is weak;
and even should the General Assignee as
may be the case-prove bright and shin
ing example of moral rectitude, the condi-
ton of affairs above depicted, in the
ignorance Of that fact could not fail to pro-
duce uneasiness and alarm in the public
mind, Such has been the result.
But the great evil, as intimated above,
lies in the Illegally of these proceedings.
Should Judge Durell vacate the bench
could his successor, whoever he might be,
on appeal from an injured party, refuse to
set aside any sale of property or other act
improperly performed by the General AS
signee? AssuFedly not. If a plaintiff
should show-as many unquestionably
could-that the provisions of the bankrupt
act had been violated such successor would
be in duty bound to declare all
action in that particular matter null and
void. It is, therefore, the sacred duty of
attorneys intrusted with the welfare of
clients in any of the six hundred cases
above mentioned to enter solemn protest
against the illegal measures adopted in this
United States court.