Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1884-05-02
TIE BANKRUPTCY BILL.
Principal Features OF the bankruptcy Bin
Ne It Recently Passed the Senate Inn
portant Railroad Decision.

Principal Features OF the bankruptcy BIZ
ne it Recently Passed the Senate Inn
portant Railroad Decision.
WASHINGTON, April 2S.-The Bank
ruptcy bill as passed by the Senate, consti-
tutes the several District Courts of the
United States and Territories and Supreme
Court of the District of Columbia Courts
of Bankruptcy, with jurisdiction over all
questions of claims, assets, exemptions.
composition and discharge, for the purposes
of bankruptcy. The Courts shall be always
open as we'll in vacation as in term time,
and when the District Judge from any cause
is unable to act the Circuit Judge may do so.
On application of any party interested, the
District Judge may certify any question of
law involved to the United States Circuit
Court which Is given general superintend-
ence and jurisdiction of all bankruptcy pro-
ceedings, and the decision of the Circuit
Court shall not be reviewed by the Supreme
Court of the United States except on certi-
ficates of disagreement between two Circuit
Judges. The Circuit Court shall appoint,
within the reach of the Judicial District,
such number of commissioners In bank
ruptcy as may be necessary, not exceeding
IL any State the number of members of
Congress to which the State Is entitled, each
commissioner to give bond in the
sum of :. five thousand dollars for
the faithful performance of his duties. He Is
given all the powers Of a master inIchancery
and may represent and act for
the Judge in holding meetings and conducting
business especially committed to him. The
Circuit Court shall also appoint a supervisor
in bankruptcy for each judicial circuit who
shall personally examine into the admins
tration of all bankruptcy proceedings in his
circuit, call the attention of commissioners,
clerks and trustees to matters, which would
facilitate speedy and economical settlements,
and move the court for action against delin-
quent trustees. He shall visit and inspect
the Office and business of every commission
er and clerk in his circuit rs often as once
every six months and make report to the
circuit court. The supervisors compensa-
ton is fixed at three thousand dollars a
year; commissioners compensation is fixed
at two thousand dollars. The court NAV,
however, decree him a further allowance
not to exceed ten dollars for each case in
stituted before him during the year, but not
more than one thousand dollars i'm any one
year. Supervisors and commissioners NAV
be allowed reasonable sum for disburse-
ment of items, to be verified by oath. Every
party petitioning for bankruptcy, whether
debtor or creditor, shall pay to the clerk of
the court fifty dollars, and every trustee
| shall pay one per cent. of the gross amount
realized from assets, and every debtor max
ing composition shall pay one-half OF one
per cent for each composition. These fees
| shall all be paid to Clerk in the Treasury
| OF the United States. Any person owing
debts exceeding three hundred dollars and
unable to pay them may by petition apply
to be adjudicated bankrupt, and the filing
of such petition shall be deemed an act of
bankruptcy. Any person owing debts ex-
| ceeding one thousand dollars who leaves his
State to avoid his creditors, to avoid arrest
or the services of legal processes, or makes
a fraudulent transfer of his property, or sus-
ponds payment of his commercial paper, or
opens accounts for thirty days after the
same are due and payable, or who makes
| fraudulent preferences, shall be deemed to
| have committed an act of bankruptcy and
may be adjudged a bankrupt on petition
of three or more of his creditors whose bills
amount i'm all to five hundred dollars. The
bill excerpts in favor of the bankrupt the
necessary and proper wearing apparel for
himself and family, and such other property
as may be exempted from attachment by the
laws of the United States, or the State IN
which the bankruptcy proceedings are in
stituted, and the court may, from the assets,
allow the bankrupt sum not to exceed five
hundred dollars for his support pending the
| proceedings, If his circumstances require it,
reasonable wages for any services rendered
| his estate at the request of his trustees, and
the usual fees when attending as witness.
| IMPORTANT RAILROAD DECISION.
A decision was rendered in the Supreme
| Court of the United States in some impor-
tant railroad cases, entitled, +. James, ct al,
| the Board of Directors of the Union Pacific
Railroad company, plaintiffs i'm error,
against the State of Kansas, ex. REL, w. A
johnson, Attorney General, and the Kansas
Pacific Railway Company, plaintiff in error
against the same; in error in the Circuit
| Court of the United States for the District
of Kansas. These were suits brought by
| the State of Kansas i'm her own courts
against the Union Pacific and the Kansas
| Pacific Railroad Companies to defeat the
consolidation of those corporations which
was effected by an agreement entered into
on the oath of January, 1880. The ques-
tons presented here relate to this right of
removal from State to federal courts, which
| is claimed by the railroad companies and
denied by the State. This court holds:
First-That these are suits of civil nature.
SecOnd-They are suits arising under the
| laws of the United States. Third-They
are probably removable to the federal court
under the act of. March 8, 1875. The order
to remand to the State Court is in each case
reversed and the United States Circuit
Court directed to entertain the cases as
properly removed from the State Court and
proceed Herewith accordingly