, 1879-05-03
TIE BANKRUPT-FEE CASES.

The trials, or the so-called trials, Of the
heg1sters in Bankruptcy before the United
States Court on Thursday was another
illustration of the uncertainty of the law
Register H1BBARD was indicted for the ex-
tortion Of Illegal fees in bankruptcy. Ths
Indictment charged him with taking these
fees Of the bankrupt. It was objected that
the fees were collected from the bankrupt
estate in the hands Of the Assignae,--tho
assets OF the bankrupt having passed into
the hands Of the Assignee before tie fees
were collected by the Register. Tho Court
held that this objection was sound one,
and, as the indictment charged the taking
from the bankrupt, the case was abandoned,
and the jury acquitted the accused. We
suppose, though we do not know,
that this acquittal does not q preclude
the indictment Of the Register tior taking
the Illegal foes from some other person, but
who that person is VIC will not venture to
suggest. In cases Of bankruptcy, the prec-
tlce, or the law, provided that at the time Of
filing the petition $50 was deposited with
the clerk by the petitioner to cover the costs.
The appointment Of the Assignee followed
the earnings Of the Register, to whom was
delivered ovor the original deposit. It seems
that the Register, to be legally indicted, must
be charged with taking the fees Of some per-
son, but who that person is admits, perhaps,
Of profound discussion and doubt. As the
original deposit was made to secure the Reg
lister, and Was therefore practically his prop
erty from the moment of its deposit, it may
turn out in the end that the Register only
took the illegal fees out Of his own property,
It That is, robbed himself Of what already
was his own.
We assume that this so-called trial will be
the end of the bankruptcy-fee cases. La-
boring under the inability to find out whose
money was illegally taken by the Register,
the fact Of illegal taking cannot we'll be
prosecuted.
While A[r. H1BBARD can, therefore, on q
criminal prosecution, have no opportunity
of explaining, defending, or vindicating his
official action, nor be held to punishment if
such action be declared illegal, there is the
tribunal Of public opinion which takes juris- |
diction OF all this class OF cases and decides !
them without reference to the technical re-
quirements Of statutes or indictments. Pub |
lie opinion in the end, if it can be fully in |
formed OF the truth, rarely fails in reaching |
1 just decision. Therefore tits that Mr. Hm- !
BARn's friends should not be content |
with the mera formal verdict of not guilty !
op1orad ,rffIruf npry L,o~3
rhey owe it to him and to the public to yindi-
:ete his official conduct clearly By frank
OF the facts. The general declara-
ion that the Grand Jury could find in his
ong record, covering several years, only
s1s Of :ilteg gal fe6s taken BY him, is not any
[efensd.. He WIS indicted in three cases.
Zach case chnrged him with taking o par
ocular fee which was said 70 be illegal.
The same fees were taken III hundreds of
ther cases-these being SELECTED az repre-
entative, and, in case Of conviction, ample
. secure punishment. We understand that
he fees charged in these indictments as being
legal are dependent upon construction Of
be Law, and that some of them have been
'eld by some Courts to be legal and by other
'ourts illegal, and that his action was taken
fter the best legal advice, sanctioned by the
onsent Of the parties to the suits. We may
g mistaken as to some Of the details, but we
aink we are not i5btakon that Mr.. H1DBAnn
wes it to public opinion, and to lis further
sefulness in Office, to make a straightfor-
ard, manly statement Of the facts, and leave
to public opinion to Viudicate him if he |
erits it.