The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-10-02
A WIFE'S BLIND TRUST
How Judge Hall Viewed 1t
in a Bankruptcy
Case.

Ease.
Hattie Hymsn, in her petition made
last January for discharge in bankrupt
cy. placed her liabilities at about $4,000.
It appeared that she did not take per-
sonal charge of her business, says the
New York Times, which was carried on
under the name of H. Hyman & Co., but
that her husband, Samuel p. Hyman,
represented her Ex-Judge Ernest Hall,
to whom the matter was referred, has
reported to the United States district
court, recommending that Mrs. Hy-
mans application be refused. The ref
cree fnds that fraudulent business
transactions were committed by the
husband while acting as agent for his
wife, and he decides that under these
circumstances Mrs. LYMAN cannot be
discharged. In his opinion, Judge Hall
says: fTf, then, the wife can furnish
the capital and establish a business,
and appoint her husband as manager
and agent, without control, and take
no part in the business but keep her
self IN profound ignorance of all its af-
fairs, and the husband can keep false
absolutely unjustifsd by the real state
Of the business, and can thus escape the
responsibility imposed upon other debt
oEa by the act, the provisions of the law,
90 far as they relate TO grounds OF re-
fusal Of a discharge. are pullifled ana
SET at naugft, and a premium is offered
to persons not to do business for them
selves, but to employ agents who will
take all responsibility and relieve their
principals from all the penalties of the
forbidden practices under the act Such,
in my opinion, was not the intention OF
the act. II the bankrupt saw fit TO keep
herself IN Ignorance Of the condition of
her business and Of the manner of keep
ing books, she should suffer the conse-
Quenoss; the business was hers and the
books were hers, and 1t was duty
which she owed to creditors TO see that
the books were properly kept, so that
intending creditors might not be de-
eefved. and for q failure to do this she
should be held to the penalties pre-
scfibed by the act, and should not be
discharged. 1t may be answered that by
blindly trusting her husband she placed
her capital at risk and has lost 1t, and
she should not be subjected to any fur
Their penalty, but her blind trust has af-
fected the creditors TO the amount of
more than double her capital" Judge
Hall also finds that false books Of ac-
count were kept in contemplation of
bankruptcy.
In one Of the remote countries Of the
Panhandle of Texas, two lawyers were
trying case before justice Of the
peace. II was sixty miles as the crow
files to the nearest law book, and the
attorneys differed, of course, as to the
law upon the main issue in the case.
They were trying the case without the
Intervention of a jury, and ''his honor,
who conducted a gambling house in
connection with his hotel, saloon, livery
stable. stud-horse, and jackass, was in
doubts az TO what his decision ought 10
be. Finally Miller, the plaintiffs eoun-
sci, offered to bet Hoover, the defend
ants attorney, $40 that he was right.
Hoover did not happen to have that
much of the circulating medium apOut
his nerscn, and was naturally at loss
how TO parry this forcible argument.
The court waited a few moments on
Hoover, and finally said: well, Mr..
Hoover. the court has waited long
enough. Millers proposition seems ia
be fair one, and, since you don't put
up, ] will decide this case in favor of the
plaintiff.
The New York court of appeals holds
that chapter 664, New York laws II
1892, empowering and directing the su-
perViSors. upon petition of a majority
Of taxpayers, TO levy taxes to pay tho
sum Of 5000 and interest to drafted men
who served in the civil war, personally
or by substitute, is unconstitutional
The state constitution, art. s, sec. IL
forbids the giving Of money to indiv.
iduals by any county, city, town or vii
lage or the mourning Of any indebted
ness for other than county, city, towr
or village purposes. AS the statute il
question merely authorizes the takine
or private property for the benefit oi
private individuals, 1t was clearly il
cennict with the constitution and there
fore void.
or the two hundred and fifty queens
counsel now at the English bar, It Il
SAID that not more than one hundred
do better than just keep their heads
above water, The incomes of the res
40 not average $1,000 a year, which
seems to be the minimum figure for {
paying practice. This state of thing.
10 not 50 Inuoh due to the fact tina
business at the bar is bad as to the
enormous Incomes which are made b,
q few men, such as Balfouf Browne
samuel Pope, and Mr.. Grips. Balfoul
Browne makes the largest income a
the bar e geo year Mr., Pope, Mr.
Grips Mr.. Pember and Sir Edward
Clarke make about $4,000 each.
In view Of the great cutlery the Eng
liEh law journals are always makini
for the appointment Of new judges /
is rather interesting TO note the cas-,
time enjoyed by the present staff. III
the supreme court Of judicature there
are IS judges. Six of these sit In tn,
court Of appeals fifteen in the queens
bench division, 1--WE in the chancery al,
vision, and two in the probate, divorce
and admiralty division. On an average
each Judge sits about 2s hours a week
for "a weeks in the year. Most Of our