, 1879-02-04


Of the current rear. The Judge curc.Irrc,i with
him. nt,l gave HIN an opinion that he was re-
qulrel to report only tvl.lcn1s which tai been /
declared ~ eascs y. re's!rc to n "1.e , tlas l
what was the meaning of the phraso "the |
Average rate Of diyldends tlcclaret! ttcrein,'..
whether te should add gil tl. liabilities OF
previous year, ls74-'5, and then sec what tho
dividends actually declared would h. per tcnttl'I
upon al s'cse liabilities, Only one Ease tn len
made a., divien at al an atssr r. i',. Tsa'9s 9,s,
Tint question Encant tl,ai hc should slate tse
average dividend hcclarct in cases In whtr t'vl-
t!cnds we're dcc1arc,l takfug no ncyn1,nt ri tho
tha. It would ',c we'll calculated 10 tnlsleaa 't
Attorncy.uencral, or Congress, brcalisc llirrn
would be great dlaproportlnn between TIC
amount of sss=ta a,li the amount OF dsnlet'us.
for the reason that the dividends hat not yet
lecn DECLARED, hut would be In fnluru years: but
tile Judge Instructed him That be was to rcpnrt
only the dtrl1cntls whlci had bccn declared 10
the cascs which wero commenced aaEnR t!iat
tion should he The average rate o! Dividends -
tle cascs In which Dividends wcrc DECLARED.
The next provision Of the statute was, :" Fourth :
tlon. a. framed bY the Justiccs Of the Supreme
Court. was, +" Number Of tuses IN which Ills
charge granted.n The word ;" therein " was
not III llat question; anil the question present
cd to Judge Biodgctt, and considered hy him
SELF, WAS whether he should report all tile us
chorrcs granted during ,he vcar, whether lie
cases were commenced within tic year or not:
tu inc cases referred TO min during that current
ycar. Their conclusion was tint the answer
Should BE- coniued 10 tho cascs referred to h1nt
during The current ysar.
| vision OF the statute was *thc number nf CUM
rulsory cases III bankruptcy ro.,ltult before him
| In the same way" The Justices of the supreme
Court, IN framing the question unter ''at At
rcierrct1." rllcn Tic questions followed rs in
voluntary cases, all of Which rEtncss answered
according to the interpretation Of the Law aS
nun no'hy o1 be tois anoa ot iec
| clarRes, costs, anu cn,oluncnts Of avery sort
received or earned by the Register during thc
year Ia carh ciuss of cases aooyo staleu." The
Questions ssksd were ,,s tqtal ,a tses ess, ese u,
tarY bankruptcy. Wien witueas came
10 these questions lie askel Judre
BlodRett whether he SHOULD cnn-
etc., received or carried In the fore9D!ag cases
voluntary aud involuntary cases referred. uage
BIodeett rend carefully the ninth provision oi
tie statute. anil, ntttr considering 1t, expressed
his opIuIon to witness tl,at "eart' class of cascs
| above stated y meant The voluntary alId 1nsoi-
untary cases referred during lle Inst year, as
there had been nothing said about such eascs
| an1wcred lhe question according 10 thia fntcr-
probation Of this law, nll,l the ntnolint Of fees
COSTS ctc received or earned IN casea OK yolGi'
tary bankruptcy WAS tfe amount ol lees IN
wear. In tho second interview. I'll 181o, bg!"ecn
Judge Blodgctt, Register JofInson, OF Peoria,
and hl,nsc1I, the sar1sc questions werc gone osGt
acain by Judge I,lodgett, johnson, ns,d hlnselE.
and t,lU SANG conclusions reached nnd tic same
fnetructiops given. Witucas alsO btuscd to
Judge Hlotlgett that tho statute a1!d the rules
required that, wien cases were commenced n
bankruptcy, deposit OF $50 shou1d be !aadc to
tic clerk fur tho security OF tln Ices TO bc car1t-
cd BIZ li.c Register, mid The question was raised
whether I'll answering these questions tic thou!u
include such fees a. Ind nesacatne Of wneues ,1s
sees should bo included Iii tie
answer " had ,,., Gsea = II, ~. e9raeo; 9[t q;
J,lv, 1873, wlcn witness made his rrport. be
should vacate lsts oitlto from nny. Tcaaon. lie
would ho obliged to hit'l oser to nIs successor
iu otllcc thc deposits Which hau oeen naaae.
shoatd account for only such fees as had bect'
earned BY DUNG the work .: performing tic
duties foF Which tho fees wsre allowed:
toS ~ iae eoay yssfs asxsa snius I a So g. 1s M
1877 werc lrue actDrdtn. to tue InterpFetMttot
given tic rules aalli the statute by Judce b!ud
actt.
Mr. Hubbard replied That they were, aeso:', +
Ills affidavit, aln! according 10 u. best oE ht'
knowledge ls hp was now informed.
Atr. Cloudy then asked sfr. Iitll'a:d II he llac
had conversation With III. Bradley rcgnrd''l
Mr. Hiobard replied u!st lIc had not,-il!at u
not particularly IN rcgard TO thc meaning Of til
rules and the statute. lie had mover had at'l
conversation witi, sr: nrausy on @ ..S saD1ev Dna,
hp went to hlh to bo sworn Us ~ 1he trntl
Of bis statement. July 81, 1s'd Ms, hr4d!s!
examined the report, ai'd witness tod iIisn ~!
theory on which il was rnadc: that only suct
ices were cmbruccd therein ae ha,l been Garnet
or received In cascs commenced during the cur
rent year. Atr. Drndley asked, "Are you gu!t.
correct about tatt ~ H. yon, ,,n aax .s., ,n1 y
good deal Ut thought, and hAd consulted WI!
t Judge Hlodgett, anA TINT ho conquered Titl
. hin in tl1st view. Well" sskl Mr. BrAdley
him how ho should determine tho amount .
. fees earned ln cascs not then cndcd: Mr
Uru,llcy rc.nnrkcd that n HI. otlIce he did NJ
: regard fees earned until thu case ~, was ended
/ that. whou he made Ills rcpurt to Washington
ha embraced In Ills esnoluinent account tns e1ac
which lad been ended during lie current ycas
and then he nut all the fees IN NJ having bee
earned ~ ttat year mn no. a ID ac ssat1 u.opS
) him hu hardly thought tllut would ausWer ~
lin {tllu witncss); that The correct way was I.
through tn dosket .ee wat easc. ~, vt f
full amount thereof, aiId then 70 tl4ro!lgh III
:. docket u,u! see what amount D! fees h2!l brc
: earned upon an average. for It would bs lnIpo'
.o!c to .sll in ths da. 9f e eass ,,, ,"w ie ne
/ h thsn tha length. of AZ orsila,r
8 n,onth allowed him. llc also told M.. Irallo
:. what proportion Ut Ices },ad hcen earned, III
6 haa CONC to the conclusion HAT II ccrtah STU
t lad bccIl earned fn earh easc upon ~ average
u' lie took te tenaln',l srss, y WHEY ae! o.
sutn, u,ld added to it the amount Of fees "e
WA shown to have been car''cd iii eases art'!aii