The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-12-20
WHY DURELL RESIGNED.
His Completely i'm the Robbery Of Bank
rupt Estates.
[Correspor dence New York Sum-

New ORLEANS Dec. 5.-The intelligence OF tn
resignation Of Judge Durell was received here Of
the day before yesterday, and although 1t hat
been anticipated for some time by our part.
leaders, it was, nevertheless, a most acceptable
piece Of information to every honest man IN THU
part OF the country. or course. this resignation
has been forced from Judge Durell uader the 81
tentative Of impeachment before the Senate O
the United States This trial, all wel1infOrmeC
persons knew ever since last winter, when the
evidence in his case was completed, Judge Du
rell would not have the courage TO face.
see he has said to correspondent in Wash.
,ington that he has been made the "victim o
party exigency. In one sense this is true: but
what shameful admission for him to make
that he, judicial officer Of the United States,
should have 80 conducted himself as to have put
it in the power of his party friends to extort his
resignation under threats of impeachment
Judge Durell places this action of his party
against him on the ground OF
THAT CELEBRATED ORDER,
which he issued in November. 1872, under which
the State-House in this city was seized by United
States Marshal Packard to prevent its occupation
Iature Judge Duren is reported to have said
that his party friends, and the very men in whose
favor this order was granted, had "g0ne back
on him." This is very probable. What else
could he have expected from such men? Il
1t not generally the case that, when politicians
have made the use they desire OF those who be-
long to them, they never hesitate to sacrifice
them when sacrifice is necessary? An Office.
holder in the United States must always be pre-
pared for his decapitation. Like soldier, whose
business it is to die, the ofice-holder should
always be prepared to die politically. But what
business has judge. whose term Of Office is for
life. e, during good behaviour do the dirty
work OF political party, and thus place himself
Judge Dureu, or any one in a similar position,
expect, even from those he has benefited, after
placing his chara cter for official integrity at the
mercy OF the party OF which he is q member
What right has judge to NEEDLE in politics?
pLUNDERING BANKRUPT ESTATES.
Judge Durell knows the disingenuOusness OF
his reported statement of the cause OF his re-
moval, for an enforced resignation is removal.
telligent readers OF the Sun, is the connection
with T. E. Norton, General Assignee in Bank
ruptcy Cases at New Orleans, and completely in
his acts of nlaIfsasanoe in that capacity. Your
readers are aw re that the committee OF the
House of Representatives appointed to investi-
gate the charges which had been preferred
against Judge Drrell made to that body, a few
days before they adjourned last summer, a re-
port in which they recommended his impeach-
Ment.
The following extracts are taken from the re-
s,Ort have never seen them in print:
On the 26th Of November, 1867, E. E. Norton
was appointed Official Assignee in Bankruptcy,
by Judge Durell, by an order entered on the
records Of the court. It was msnifestly the pur-
pose Of this order to force all bankrupt estates
into the hands of Norton. Under its provisions
ne took possession Immediately upon adjudica-
ton of all assets and estates Of bankrupts-
estate that was mortgaged for all or more than it
was worth, IS well as personal assets. by 1t he
was appointed assignee in all cases under section
IS of the bankrupt law, in advance of any pro-
'ceedings being filed. and without regard to cir
cumstances or locality of the estate. And under
ats provisions, no matter whom the creditors
might select AZ assignee, Norton v as thrust upon
them, willing or unwilling, and having, by virtue
of his appointment as official assignee, already
49, nknfn hn
was able to control the entire management Of
such estates.
THE EXTRAORDINARY ORDER
s. in itself, entirely inconsistent with that care
for the rights Of debtor and creditor which must
be expected from and required of the judicial OFF,
Ger having those rights in charge.
Pursuant to this order, Norton became GUS
rtodian in about thirteen hundred cases in bank
tionate, and seem to have been generally framed
to absorb the estate. In cases where a bond in
pursuance Of law was required OF him by the
creditors, he charged two and a half per cent
commission to the estate for filing his bond to
secure his own official fidelity, in one case re-
~ceiving $3.50 OH this account alone. In cases
where real estate was mortgaged for its full
value, he required from the parties interested
the payment of large sums OF money, varying
from $500 to S5OOO to secure the release Of the
property from the bankruptcy proceedings, all of
which he kept by way OF compensation for his
services, in no case putting any part Of it into
the assets OF the respective Estates.
Norton made an arrangement with the auc-
tioneers, who made sales OF bankrupt property,
by virtue OF which division OF the fees and
charges Of the auctioneer was made between
them and Norton. Out OF this Norton received,
as il shown more than $40, 600.
These facts, while they indicate state OF most
extraordinary administration in the Office Of as
signee in bankruptcy, your committee could not
trace directly to the knowledge OF Judge Durell,
although some testimony was given tending to
show such knowledge. The manner in which
Norton was managing these affairs. and the ex-
iect Of severe criticism in the newspapers Of the
city of New Orleans.
THE MOST INTIMATE SOCIAL RELATIONS
existed between Judge Durell and Norton during
all OF this time Judge Durell spent much Of his
time at Norton'a house in the city of New Orleans
They travelled North together in the summer, and
spent much Of their time together while North,
returning South again together when the summer
was over. These facts, 80 notorious, in regard to
the management Of such important trusts as
Il,