The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-01-31
B A N K P U PTCY.
The Rapacity Of Registers in
Bankruptcy.
How the Law WO. KS and Sugges.-
lions for lis Amendments.

very considerable portion OF the administrative
duties arising under the Bankruptcy law 10 dis
charged by the registers The act fully and clearly
sets out what their rights, duties and powers are
They are well paid by ees-too well paid, In fact as
will be demonstrated in this article 1t being penned
and registered for their special beneht. For the
services they required to render compensation Is
fixed by the act, and
SECTION A. STATES
or us essr o ss ~
ncy shall Tor anything done or pretended to be done under
fully demand take appoint allow any person what
any person. or in trust Cor or for anv other per-
,on. any fee emoamen' srstaty sum Of money, any
which shall be allowed and@t the authority t6erso such
not a sdi gum Of nn
dollars, and be Imprisoned not esees ing three years
now REGISTERS LIVE ur TO THE LAW. h
Notwithstanding the existence of the foregoing
clause OF the Bankruptcy Law it is very generally
complained that registers IN bankruptcy In This city
ond district and in many other parts OF the country
are IN the habit OF demanding and do receive fees
not sanctioned by law; thar they charge for ..per-
sona services and claim other Items In violation or
the statute OF Congress. There Is no single pas
sage in the law giving them power to demand fees
for personal seryicesr Does not the lodgment or
nty dollars In court the the fling or a
voluntary petition to the registers
costs cover his personal expensesfn II not.
for what purpose is that paid before even the
register has done single act to entitle him to ilY
In this case he runs no risk. workman or q clerk
laborer OF any KIND craft is not aid his wages
till the end Of week or month"; but before re-
gister bankruptcy writes single line or word In
bankruptcy proceeding his costs are secured BY n
deposit Of MY dollars IN the oce OF the Clerk OF
into his hands ere single step has been taken In
the initiation OF the case before HIM.
ENORMITY OF THE EvIL-ENORMoUs FEES.
Many 0f the registers In the Southern district
have by fees alone netted from $4,000 to $50 900 In
one year-a sum nearly equal to that allowed by the
nation TO the Chief Magistrate, four times as mucn
as Is fixed for annual salary TO Judges OF the United
on the yalne on The services renderen NV fhesa Sn
ordinate officers OF the court.
now THESE ANCILLARY QUALITIES OUGHT TO BE
REMUNERATED.
thorough study OF the subject suggests but one
reformatory idea-that is. that registers Of bank
judge OF the District Court or higher ancary aua-
ties Is satisfied with salary OF $4,000 year surely
rs subordinates to such judge ought to be Wen re-
Enumerated with similar amount.
RAPACI0US REGISTERS.
But II seems that registers rapaciOus and de-
mand more and more. The more they get the more
they want-ln fact they grow by what they iced
upon" Payment By fees 10 registers Obstructs the
proper administration OF the Bankruptcy law Tnis
law as not intended by Congress for the protection
OF swndlers-of men W no teliberately plan to cheat
and rob their creditors. 1t was specially designed
to come TO the assistance or parties who had been
unfortunate In trade and whose reyerses In business
had not been OF their own making. The forty-lourth
section makes special provision Tor the
PUNISHMENT ,s OF FRAUDULENT BANKRuPTs.
being enforced against certain alleged Offenders
poor, but honest trader, VINO has had the hand OF
misfortune laid heavily upon him, finds II next TO
an impossibility 10 avail himself OF the benefit OF
the law because he cannot pay the
EXoRBlFANT AND UNJUST DEMANDS
OF the registers, who would seem to spend much or
their lime IN doing nothing but making .'fees" ana
The public must take note OF all his and our e0is-
ators he called upon to remedy the evil 1t is high
tune that they should do so.
Iatierly Congress has been making some amend
ments IN tue law; one y that Tor all debts con-
trac'ed prior to the LIST OF January, 1862 a party
what IL called the fifty per cent ella USE the meaning
OF which Is well understood by the legal profession,
were no longer IN existence. But here comes in
THE EXCESSIVE COSTS
and fees Of the registers, or whom there are too
many IN tins district Their appointment, IN the
first instance, would seem TO nave been
A HUGE POLITICAL JOB,
and 1t was great oversight IN the lawmakers TO fix
their payment by fees, when affords . ONE obscnre
tlawyer the opportunity or living more EXTENSIVELY
nan tne PRESIDENT or member OF his Cabinet.
This, however Is not the principal point or oo)ec-
tion The great objection that the fees are SO ex-
cessiye as cooperate against
USEFUL ADMINISTRATION OF THE LAW
chime TO enable registers to accumulate fortunes In
and humbug. II the fee system is to prevail the
registers ought TO be compelled to lodge their fees
81 a aRa reeve 81 s0 liberal but not excessive
would meet the justice and requirements OF the
case and be productive OF immense good the gem
eral community. 1t Is a well known fact that In
many cases OF
VOLUNTARY BANKRUPTCY 9H5
where there has Ueen little or no opposition on the
part Of creditors, the fees OF the registers have
amounted from $3.50 to s17a and, In some instances
70 500 an coming out OF the pocket OF some I'm
The National Bank,uptcy Register has an article
~ late number which bears out the views we here
express. II says - .s ~ 90 EHV DIh
We have ns. received telegram from Clerk Of United
Tents Of sss.s j s.,2ss
aspsnd tbs aSy q tho bsaEraps
'S Z %.
Judge liz . R r.
na : .... s.
end gsysse sssu Ia y The Again We ask
point uasd Banp
law with much conaaence and pride Engisbmen
no FULLER JURISDICTION TO REGISTERS.
II has been recommended in some quarters that
ruptcy, with power Of appeal to sutors from their
courts TO the District Court. We are certainly op-
an should be- ' paid a. a. PRESENT. py
enormous fees 1t Is essential IN the administration
Of law which deeply aud vitality concerns the
gravest interests OF community, that the judicial
exposition OF the principles designed to control that
administration be left to clear-headed, able. nom
neys and political asprants: and IN this
view II wOuld appear TO have been
MISTAKE OF CONGRESS-
In the first Instance that they did not create sepa-
rate aud distinct department. OF the judiciary in
connection with bankruptcy as there Is In England.
However we must now do the best we can with the
law, such as 1t is, Congress hearing In MIND, when
II IL about to make amendments that the best i'm
proyements will be those which facilitate
THE POOR, HONEST TRADER
In getting from under the burden OF his debts
pedlliousiy and cheaply possible and expose tho
Swindlcr and the cheat 10 prompt punishment when