New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-12-23
BY TELEGRAPH.
WASHINGTON
Pardon of Ku.KIux Priso,er~.

=.
Pardon Of Ku-KIux Prisoners.
WAsHINGTON, December q Marion Fow.
Ter, William Ramsey and John Whittlock,
convicted year ago as Ku-Klux, have been
pardoned.
The Vir9inius Case.
Judge Williams opinion covers a column.
He argues that the Virginius' papers were
obtained by false pretenses.
Return Of the President.
The President is expected to return to-
morrow.
Colored Delegation from Indian Terri.
tory.
A delegation of colored persons is coming
here to urge Con gress to give them their
property rights in the Indian Territory, to-
gerher with courts and q form Of govern
lnent to protect them.
Christmas In Boston.
Secretary Richardson will spend Christ
mas in Boston.
The Dead Letter Theft.
Captain Mitchner, who was arrested last
week Tor abstracting money from letters in
the dead letter Office, had q preliminary ex-
animation to day, aud was held for the ao-
tion Of the grand jury.
Going Home.
Congressman Waddell, of North Carolina,
is among the homeward bound, to-day.
No Money Wanted.
The commissioner on agriculture has
been much annoyed by persons sending
money TO pay postage on seed reports, etc,
and therefore, gives notice that money
should never be sent to his department for
any purpose.
Important Decision.
The Supreme Court. to-day, rendered the
following important decision: Wilson, a.
signee in bankruptcy of Vanderhotf
Brothers vs.. the City Bank of st. Paul. on
a certificate of decision from the Circuit
Court of Minnesota. In this case, Van
derhOf Brothers. owing the bank, suffered
their entire stock Of goods to be seized on
execution Of Judgment by default, OBJ
tanned against them by the bank, and thus,
as alledged, fraudulently preferred the
bank over their other creditors, against the
provisions of the bankrupt act; and the as
signees sought to have the proceeds of the
sale on execution applied in the claims of
ing questions arose, on which the court was
divided, and they were certified to this
court for answer.
First-Whether or not an intent on the
part of the firm to suffer their properly to
be taken ON execution, with intent to give
preference to the bank, or with the intent
to defeat or delay the operation of the
bankrupt act, can be inferred from the facts
stated.
Second-Whether, under the facts. the
bank, in their proceeding, had reasonable
cause to believe that fraud on the bank
rupt act was intended by the firm; and
Third-Whether, under the circnm-
STAGES, the bank obtained by the levy and
execution a valid lien on the goods, as
against the assignee in bankruptcy.
In their opinions the courts say that
something more is necessary than the pas
sive non-resistance of an insolvent debtor
to regular judicial proceedings, in which a
judgment and execution are had, when the
debt ia due and he is without Just defense to
the action. to show preferment of a cred
itor or purpose to defeat or delay
the operation of the bankrupt act: that
the fact that the debtor, under such
does not file petition
in bankruptcy, is not sufficient evil
dence OF such preference or desire to
defeat the operation of the act: that though
the creditor may know the insolvent cOndi-
tion of the debtor, his levy and seizure are
not void under the circumstances, nor is
there any violation of the bankrupt law;
that lien thus obtained by him will not be
displaced by subsequent proceedings in
bankruptcy against the debtor, Though
within four months of the filing of the bill.
These propositions require the questions
certified to be answered, the first two in
the negative, and the third in the affirma-
tive.
This decision oyerrules or largely qualities
what was said by Mr.. Justice Clifford in de-
ivering the opinion OF the court in the case
Of Buchanan VS.. Smith, at the last term.
TIC Proposed Repeal of the Bankruptcy
Act.
Senator Hitchcock has addressed the fol
owing letter to Senator Edmunds, chairman
If the Senate Judiciary COMMITTEES:
uNirKD srASKs sRsATE CHAkBzR,
Washington, D. c., December 20, 1873. !
DEAR SIR-Regretting the failure of tho
senate to act prior to the holiday recess
,pon the bill repeating the BANKRUPT law.
70 far, aG least, as to wipe out the present |
oppressive feature Of Involuntary bank |
uptcy, and tearing that such failure will |
financial suffering and add others |
o the already long list of victims. desire |
o obtain your opinion of the feasibility of |
0 amending the bankrupt law as to make |
he repeal OF the oppressive features retro
ctive, and also your opinion as to the !
probability Of the early passage of such |
Your reputation as lawyer and position
8 chairman of the Senate judiciary Com
littee will give weight to Your opinion,
nd such action, if affirmatively given upon
ach of the propositions above named, WILL
think, 60 far to ailay public anxiety and
reyent useless and oppressive litigation.
Faithfully yours.
P. w. HITCHCOCK.
o Hon. George F. Edmunds, chairman Senate
Committee on Judiciary.
Senator Ednunds replied as follows:
UNITRo STATES SENATE CHAMRHRl |
Washington, d. G.. December 22, 1872
DEAR SIR have received your note of
he twentieth instant, and say, in reply,
o not profess to speak for any person but
iyself, OF course. But, SO speaking, have
0 hesitation in saying that any provision
hat may he made respecting the forcing of
debtor into involuntary BANKRUPTCY and
he proceedings thereupOn will, 80 far as
~ voice goes, be made retroactive in such
way that no person will gain anything by
nv Oppressiveness towards a debtor.
Pending the consideration of the 1ues-
on, as all such matters relate to remedies
HIGH Congress may take away altogether
it pleases, there will be no improperly
making any wise provision which regu-
ties the proceedings to just ends to apply
pending cases, and feel great confidence
lat such will be the opinion of the Senate
Very truly yours,
} Hon. P. w. Hitchcock, United States enate.
THE VIRGINIUS.