The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-18
THOSE DISCHARGES
IN BANKRUPT
May Yet Get Fortune Into
More Trouble.
THEY ARE WORTHLESS
ATTORNEYS SWORN IN TAXED A
FEE or 50.
NEW REFEREE IN BANKRUPTCY
Hereafter Only Lawyers VIII Be Appointed as
Referees. Three United States Com
missioners. Cecision of Case
in Admiralty,


in Admiralty.
The end of the Fortune matter may
not be yet.
Those discharges in bankruptcy which
he signed when they should have been
signed by Judge Purnell may cause him
trouble even beyond that of losing his
office.
The United States statutes prescribe
an exceedingly severe penalty for off
cial carelesness of this kind.
Incre are some thirty of these dis
charges granted by Fortune, and they
are not worth the paper they are printed
on. A full investigation in regard to the
facts in each case is now being made, in
order that such steps as are proper may
be taken to remedy the defect
In two cases so far the papers have
been found defective from the very be-
ginning. viz: Jefferson ID. Ray, of Hall
fax, and Lawrence d Edwards, of
Scotland Neck. In these cases Fortune
fills out and signs the order of refer
ence i'll judges absence" and on the
very same day fills out and signs the
adjudication of bankruptcy" which is
by order of the judge of the district
and under seal. In other words, there
are two papers i'll the same case, dated
the same day, one setting forth that
the judge is absent, and the other show
ing that he is present and transacting
official business.
There are some other interesting doc
uments bearing on Fortunes dismissal
that, as Horace Greeley used to say
would make mighty interesting read
ing"
Hereafter attorneys admitted to prac-
tice in the Federal court i'll this district
Will be required to pay a fee of 81 which
will go to the clerk of the court.
This order was made yesterday by
Judge Purnell and is in accord with
the rule in other districts. The Circuit
Court of Appeals at Richmond charges
fee of 50, when an attorney is sworn
in.
Another order issued yesterday by
Judge Purnell is the following:
1t is ordered that Victor Hugh Boy
den, Esq, attorney at law, Raleigh. n.
G., be and he is hereby appointed Ref
cree i'll Bankruptcy for the Fifth diyis-
ion of the Eastern district of North Car
DINA as designated by the District Rules
III Bankruptcy made September It'll,
1898, and amendments thereto Said ref
cree viii within thirty days execute
bond in the sum of $4,000 as heretofore
fixed by the court conditioned as proyi-
ded by statute and take the oath pre-
scribed."
Mr.. Thomas II. Deyereux has been,
since the passage Of the Bankruptcy
Act, the only referee in this, the Fifth
district. The appointment of Mr.. Boy
den does not remove Mr.. Devereux, but
simply gives the district two referees.
The number is entirely discretionary
with the judge. The referee receives
so in each bankruptcy case and when
there are any assets he receives also
percentage
Judge Purnell says he thinks hereafter
he viii hold that no one but attorneys
are competent to be referees III bank
rnptcy and will be governed accordingly
in making his appointments.
A third order, in accordance with
the Act Of May 2Sth, 1896, appoints the
following persons as United States Com
nissioners for a term of four years, I'M
less sooner removed
Robert l.. Burns, Carthage, Moore
county.
r. S. White, Elizabethtown, Baden
county.
]. ] Cockrell Nashville, Nash county.
Also Judge Purnell yesterday handed
inin s,,
rally, of S. w. Skinner libellant, VS..
George Harris, Jr., respondent.
This case was argued at the Fall
term, 1899, Skinner asking appointment
Of a commissioner to find the facts and
Harris moving to dismiss on ground
that the case is not one i'm admiralty
jurisdiction. This motion is sustained
by Judge Purnell and the action is dis
missed The facts in the case are found
as follows:
''On March 10Th. 1895, Phillip b.
Gardner, Of Philadelphia, Pa, pur-
chased of S. w. Skinner, Wilmington,
n. c., the barque Marion s. Harriss
and executed mortgage on said barque
to secure the unpaid balance of the
purchase money The home port of the
barque was thereafter Philadelphia, Pa,
(S5 #. r. 799). Tn 1895 the said barque
completed voyage from Jamaica to
Philadelphia when she was libelled and
sold to satisfy liens. (See SUPRA. Re
spondents collected $S63.34, as ships
agents for freight earned, which
amount had been disbursed un-
der the orders of the owner and
master before the filing of the libel here
in. Neither Skinner, libellant, nor Har-
pieg RESPONDENT We're owners of tha
bardue or any interest therein In De-
cenlber, 1895, said barque made voy-
age from the Island of Jamacia to Ches-
ter, Pa, laden with logwood consigned
to Geo. Harriss, Jr., & Co., ship bro
kers who undertook to collect the freight
amounting to $3.50
'"Thc cause of action is shifted seve-
raj times in the pleadings, but the fol