, 1879-02-02

! sort received Or earned By him during the re-
I III each class Ut cases, es,-Voluntsry aud compu
! soryt
"What WIS your opinion upon the ouestic
; as to whether the Register, IN making swo;
| report, was bound under that law to report a
i the ices or emo]uments?'f
, it~n ''1'>
Ibid the Grand Jury ask your oDinlon."
"'Fl,er did not"
did you have IN opinion!''
III you want to know what told the jury,
! can tell your
The Committee consulted together for a m<
ment, anu
Col. Cooper said he wanted Judge Bang
opinion, unless it was improper.
Air. knott-Go ahead.
! Col. Cooper What opinion did you have o
the question as to whether the Register is boun
! under that clause}"
think the law is ambiguous.''
PLEASE state wherein it is amhiguous.'
II wfll do so, if the Committee d.si-es.n
Mr. Goudy-l will suggest to the Committe
that Judge Bangs is the District Attorney
| whose duty it will be to prosecute the iudirt
ment against Mr; Hibbard:
Col Cooper--There has been no indictment il
reference to this matter against Mr.. Hbbard
! TINT is the trouble
Ihe Chairman-Ido not know of any law tha
{ would prevent the prosecuting attorney gtyins
an opinion about the statute, although there ma,
De cases growing out Of that statute which i
would be bis duty to prosecute.
Mr. Lapham-The difficulty have is that thu
| witness has never expressed bis opinion.
| Judge Bapgs| never expressed it ut all tc
| ANYBODY before; certainly did not to the
Col. Cooper-it is simply with reference to
Some other questions that atn going to ask the
| witness. ~
Mr: Campbell-Wbat are the other questions!
Gol. Cooper-Yon will know them, Mr. Camp
bell, when ask them.
Inc Chairman-As I suggested when the
question was put, as Judge Bangs has never e1-
pressed an oplnlon,l do not see how it will
after. W. '~
Col. Cooper course, will take the judg-
Iaent OF The Committee on the matter. How
ever, he las now said that be thinks the law
ambiguous, aud tue question he is asked now is
as to how it is ambiguous in what manner the
! iaw IS ambiguous. Hc has gotten that far, and
think, in justice to the witness, be oupht to he
allowed to explain that .
=, l1e Chalrman-Was there = question before
tne drand Jury as to the proper construction of
that clause to which attention has been called2 .
Judge 6angs-Therc was this question, which
perhaps will answer that It appeared before
the GrandJury that Mt. Hubbard had acted upon
certain construction, which construction, as to
its correctness, had been bY some parties ques-
toned; aud my instruction to the Grand jury,
as remember, was that il MIR. Hibbard had IL
good faith acted upon the construction given to
It by himself, that the element OF perjury was
wanting. I did not give any construction to
the Law.
The Chairman-You do not answer INV question,
after all ask you if the question Of the con-
structlon OF that clause was under discussion
before the Grand Jury-what was the true con-
6truction. Of it, whether that was discussed BY
the Grand Jurya
1 judge BangS-1 think it Was; think that
Was considered.
'ln your presence, VAS fL?''
" think, perhaps, that is son
"Judse Irumbnll was there, and gave his
Yes, sir"
You had your own opinion about ita''
g | had not any settled opinion about It, sir.
biguity about the law. l did not say sou
Well, why did not you say so to the Grand
Jury?"
'sSimply because was not entirely satisfied
with my own opinion Of the lawn
e'As the prosecuting officer OF thA Govern
ment, was it not proper for you, when this mat
ter WIS first under discussion, to advise yourself
as to it, and then advise the Grand Jury!''
and came to the conclusion TINT there was an :.
ambiguity there which was sufficient basis for
two honest constructfons.'' -
'sWAercin consists the ambiguity?s
lMs STATUTE PROVIDES 1or certain reports to
be made by several different Federal officers.
First, thai it shall be the duty of the Marshal in
each district, in the month OF July in each year,
to report to the Clerk Of the District Court Of
such district, in tabular form first, the number
OF cases in bankruptcy in which the warrant |
prescribed By Sec 5,019 of said act has come to
his hands during the year ending June 30 pre-
cediDg; second, how many such warrants we're !!
returned, with the fees, costs, expenses. and |
thereof respectively and separately; |
1s..I al nY7 mt IF ali
expenses, and emoluments, respectively and I
separately, earned or received by him during
The year, for or ia respect OF anv matter in |
bankruptcy; fourth, a summarized statement
If such fees. costs, aud emo1umeats. exclusive
II actual disbursements in each year; fifth,
statement Of all disbursements in |
;uch cases for each year. And in like manner every
Register shall for the same year mako reportt t. |
ucb clerk, first, OF the number Of voluntary |
asses in bankruptcy coming before him during
ach rear; second. the amount OF assets and lia-
,ilities OF the bankrupt; third. the amount and
ate per centi1m nf all dividends declared;
ourth, the disposition Of all such cases; fifth,
he number OF compulsory cases coming before
i'm: sixth, the amount Of assets and liabilities,
S nearly Us may be, Of such bankrupt; seventh, |
he disposition Of all such cases; eighth, the |
mount and rate per centum OF MI dividends de- |
[areo in such cases; ninth, the total amount OF
.es charges, costs, and cmoluneuts OF every |
ort received or earned by such Register during !
nd year in each class Of cases above stated. I
[cre is where I understand the ambiguity came |
!. 1 think it would not be an Irrational eonclu-
on or construction to say that the cases re- |
.rred to in the last clause respecting fees and |
1arres had reference to the cases which were
resented, voluntary and Involuntary, to the
egister during that year"
= sMy inquiry is as to the ambiguity Of the |
~. That is what am after"
HThe ambiguity Is this: In the case Of the
arshal, it says he shall report the total
Mount OF all other fees and emoiuments
med or received BY him.''
ttThat clause relates to the Marshal; show us
e ambiguity in the clause relating to the
sgister."
.Thc ambiguity is in not stating in all cases
but it says in the above cascs'". +
.What art the above caseaf'
Il Cases OF voluntary and involuntary bank }
ptcy that were presented during the year. in
nich be makes his fees"
II Ii that the language Of the lawln l.
~ do not know that can make It auy ,
ainer." =
Mr.. Culbcrson--Under proper construction ,,
that law, would the Register be required to t y
port tue fees be received fora different Year!' >
II do not thiuk he woultl be required at all. | r
10 not know Of any good reason why be should =
port such fees There is no maximum limir,n +
Il Do you know any good reason why he
ould nota" +
- do not; no. sir. wish to say, now, that .
IN still in doubt about the construction Of