, 1879-05-04
The Rev: F. J. Valentine, OF St. Louis. NJ
will preach at tho Congregational Church ~ ~,
N orning and evening. ILLS
THE FEES IN BANKRUPTCY
a Card from Register Htbbara.
To the EGlitor Of 7'he r-fh..

the evidence offered, subject to objection i, 49,
DER that there might be public fnyestpa,fn,
and legal ruling upon the points inyolge1
and, when objections to this course vera in,.,
posed, they went so far as to Withdraw the Nh
lection altogether, leaVills. an opportunity n,
the fullest investigation. Notwithstanding th;s
the prosecution insisted that the question sho,,
be passed upon before proceeding further. ani,
therefore, because of the opportunity Offered h,
your suggestion, and because the public nav
not know the facts, desire to make the follow,
Ing statement:
The fees OF the Register are made br law tn
consist OF small items, and not salary. II the
system Itself was defective, giving too much in
large cities, where business Is concentrated, unl
too little in the country, where the business /,
small, beg to suggest that am not respopsI.
Bile for this defect.
II, holding this office, although lucrative /
have received the fees which the law allows ma
and no more, and If have discharged the dutioa
with ability and fidelity, l do not think canai,
men will blame me, or say they would not do
the same thing under similar circumstances. II
on the contrary, I have extorted fees, and taken
advantage Of the place I hold wi1fuIIy md
knowingly to demand fees which tie law did M,
give, then I conccde ought to BE- punished
This Is u time when the country is full Of en-.
bczziemcnt aud fraud; aud while this flood OF
financial crime ought and does arouse and stin-
u1ate investigation and punishment, beg think
Ing people to remember that, for these very
reasons, public Judgment is often hasty and fn-
discriminate and persons are often condemned
upon prejudice and without facts
hsua haan RapiSfnr in Ronl.rr 1tn.,
nine years. During that time, between o.fNll
and 5000 cases have been reported to me- on.
bracing perhaps thirty bushels OF papers. inyoly-
ing some 200,O 600 charges. often as small as 10
cents, aud involving tue distribution BY me Of
some sig, ,00O All this money has becn mia
to the minute when demanded. / have been r.
sponsble for it's correct distribution; and oplv
three mistakes, to nY knowledge, have oc.
Cured, und these / made good with nv own
pocket sometimes have as high as $50dxl1
subject to my check. and have now about SIS
600 belonging to one estate. IN reference to
which tile creditors voted should give no bond.
The distribution OF money in nv hands has re-
quired the signing Of 1000 checks, and the
duties OF my Office have required my constant
attention.
sit in the place OF District judi &c in all up-
contested matters, and spend most Of my time
in deciding legal questions, making orders, pre-
siding over MEETINGS Of creditors, and making
reports upon matters referred to me for iuyesti.
cation and decision. Ny clerks write the records
OF proceedings and memoranda OF the
same for the Clerk Of the Court, draw
dispositions for proofs OF debts, enter the
make out all my f.e-bills. When the fee-bils
are made out they are recorded in book and
open to the inspection OF everybody. These
books are present at the creditors meeting. and
subject to their uiectton- The law proyides
that, il any objection is made to tie fee-bii,i
ri 6yx&1 t,13o nrh1
the same, rejecting any improper charges.
These fees are made up under rules provided By
tho Supreme Court. and in some instances 1t IN
wolves legal. interpretation Of these rules
whether fee sheuld be allowed Or not
Ny custom has been to explain to snf clerks
as accurately rs could these rules, and instruct
them to be careful to Keep within them. In the
settlement Of AL estate l am in the habt Of
calling attsation to my iees,-asking parties iu-
terested if they have examined them. aud tell-
ng them to go to my clerks II. no objections
are made, the amount is handed me In gross By
ny clerk, and it is paid in the settlement Of tie
,state. ;
There has. nerer been, in oil the nine yea1s.
ID application made to retax my. fees; aud
rave always eudeavored In good fatn to have
hem less insttud of more than the amount the
aw allowed. In the case Of the Merchantst In
;urance Company; q suggestion Was made by
one creditor that the aggregate amount was
arge; whereupon 1 told him, At the meeting,
.hat'I would let his lawyer, Cen Kufinszer, r.
AK it. This Was done, and it was found to be
sS12 too small. I thereupon accepted tie
amount originally charged. -
After the Great Fire the law was such thatail
proofs Of claims must be made before me, aud
sas entitleu to $3.50 for each proof. S,'me two
II more Insurance companies were thrown into
and about 13000 claims were
proven before me in the course at the next three
ears. l. charged about ilaif-prce for these
o,fJr fnE ~ faSe flcr1
1iuuy OF my fees are 10 cents Der hundred
cords for copYil,. schedules or paoer; t,.l Often
INVOLVING from LOCO to 81, 0,000 words each- LII
lie hundred thousand itc1Iis charged, it would
e more than human il some mistakes hat not
ccurrcd. And whfle Ia some Instances, ctargcs
# small items have occurred which should no:-
ave been made, the mistakes mostly are ot
TENS which my clerks have omitted In tile
hree cases named III the indictment I have
arefully reta1ed the fees. The items claimed :
. have been enormously charged amount III ali
0 $3.50; but / find in the three eases
mittcd charges which no one would dispute,
to SG3.1U or the $3.50 all .bu:
$50 claim to be correct. The correctness Of
hese items depends upon the construction u
le rules Of tile Suprelie Court; ami over anu
vet again called the attention Of lawyers 10
,ese very items, aud asked them to except to
lem, in order that they might be passed upon
: tic Courts. The parties i'll intcsess >conla
Ill these items up before the Court aud get
lis decision, dut could not. =
When objections to my fees were first made
, the Bar A$suciation,~ nearly q ycnr a@o, 1os
uow:ng what objectionable itcu1s m,1ht 90
,und, Immediately deposited with the C'cIk
the Court 81, ,UO0, which remains there still
J be paid to anv person who might by inl5laae
i've paid au item wrongfuily; but, not"!tl-:
a,sl,t. the subject has been kept before TIC
1bltc by the press, only one psrson hos ca!ictL
had his fee-biif reta1eu By the mans uWn 1as-
IT, and 1t WIS found .tu DC $40 too small.
| desire III all this matter to be just bcvond
iticisnl: and therefore Propose. fur, Tue pns:;
ut am willing to retat every ftc-biH / aass
'cr m::le, and to pay to my person ANY ltc1n
hich can be fo,lnd wrong. As this would ~.
1--WE much labor and cost, 1t would seem 10 "
ir, it the feebills should bc fouud too snail. %
at the party applying should make goad tH
:iicieucv.
l would also state that have written }ctter
severn! attorucys.!olng the iargcst business
bankruptcy scses, asking, as Il favor that lheT
II except to, every item II. Ill future .fee-bslls
a1clI have not already been settled BY tt
'uFts, in ortier that every charge inay +rest
ION u judicial decision, aud THAT nl. parties
" know their rights. H. n. utBDARD.
To the Editor Of The Tribune.
CHICAGO, May 3.-In your ISSUE Of this moFn-
: you justly state thar the incistmcnt aSah's
:!..ister llibbaru for taking, illegal fees nus
eu So disposed Of by the Court as to attoFo
{ public no means Ut gaugilly tho truth q
c charges against him. LII view vi this 1art'
Il In simple justice to al exception
~ excellent officer, desire V"lun-