Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-11-30
THE FEDERAL COURT
JUDGE KNOWLES DENIES THE Pc
Triton FOR A FEE FOR SERV-
ICES IENDERED A
BANKRUPT.

Judge Knowles today denied the petit
ion of Attorney J.. N. Kirk in the bank
ruptcy proceeding of Frederick c. Hau-
brick. Mr.. Kirk asked that a claim of
500 for services rendered the bank
rupt be made a preferred claim.
In his conclusions of law Judge
Knowles finds that the services of an
attorney for the bankrupt in voluntary
proceedings, in preparing and present
ing his voluntary petition for adjudica-
ton are services in the interest of the
bankrupt and are not services on be-
half of the creditors generally, and are
not entitled to priority or to be pre-
ferred in payment: hat petitioner is
not entitled to fee or compensation for
attendance as attorney of bankrupt at
first meeting Of creditors-priority or
otherwise; that petitioner is not enti-
tied to fee or compensation upon eX-
empt matters; not entitled to fee or
compensation for application for dis
charge of bankrupt.
After reciting the law on the matter
Judge Knowles goes on to say
1T is evident from this statute that
the court in voluntary cases may allow
to the bankrupt a reasonable attor-
ney's fee. This attorneys fee is to be
paid as a preferred claim after the casts
of preserving the estate, subsequent to
the filing of the petition have been paid,
The trouble in this case is that the
attorney for the bankrupt in the place
of the bankrupt himself presented al
application to the referee for the allow
ance of a reasonable attorneys fee and
presented his bill for attorneys fee.
that being a matter for the court under
the statute. Under these circumstance
the referee was probably correct in re-
fusing to order the claim for attorneys
fees to be paid.
The attorneys fees charged seem to
have been reasonable and proper, and
the court would have no hesitancy in al
lowing the same if properly applied to.
The application for the allowance
of an attorneys fee should be made to
the court by the bankrupte and not by
the attorney: it should not be made to
the referee but to the court, in accord
ance with the provisions of the stat
ute which clearly prescribes this
course" .
The petition of Haubrick for a final
discharge from bankruptcy was grant
ed.
J. r. Dingle and John knan bank
rupts, We're finally discharged.
j. The ruling of the referee in the bank
ruptcy case of Samuel Altman was
sustained. In this case the referee,
Thompson Campbell, disallowed the &C
count of Norris Moses, one of the
| creditors of the bankrupt.
In the case of the Colusa-Parrot Min
ing and Smelling company ". the Ana
conda Copper Mining company, Judge
Knowles this morning refused to sign
the bill of exceptions and granted the
plaintiff until the first day of the next
term to amend the same. IT, fs
In the case of the Butte & Boston
VS.. John F. Forbis ct al,
Judge Knowles made an order this
morning that as he court is about to
adjourn for the term before the eXpira-
| ton of the Is days granted for the films
of a bill of exceptions that the bill
when presented and settled shall be
considered settled and allowed during
the term. w.,
The motion to amend the answer il
the case of j.. o. Bender VS.. james
A. Murray ct al, was denied. A similar
motion was denied in the case of Ben.
der VS.. Silas F. King ct al. ya
Court will convene tomorrow fol
a short session and then will adjourn
for the term.