The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-27

not being evidence to show error ON ms
part, the allowance seems to be reason
able and just. Under the circumstances
| would not feel justified in the exercise
of Il sound discretion in disturbing the
order of the referee allowing the receiv-
err two hundred and fifty dollars for ms
services.
THE only compensation limited III the
bankrupt act is that allowed the clerk,
referee and trustee. The general idea
of the act seems to be that the law shall
be administered economically but 1t
would be a violent presumption to con-
clude Congress intended to sacrifice ETH
cheney of service to economy-that the
officers where the compensation is not linn
tied should be let to the lowest bidder or
incompetent men appointed because they
could be secured at Il low price. The or
der of the referee is affirmed
GAS to allowances for receivers, so III
expenses and allowances to the marshal.
There is and can be no fixed rule. If
the court has approved accounts in which
DENNY marshals were allowed three dol
lars per day and expenses it was because
all the circumstances justified such al
lowance AS stocks differ III value, so
men differ in price. To take care of.
inventory and sell stock of goods OF
one kind would require a man Of more
education, experience and ability than to
perform the same services where the
stock was smaller and of a kind more
easily handled The entire stock of goods
in this case inventoried about $4,000.
consisting Of general merchandise such
as is kept in general stores in towns.
There was some talk at the time which
warranted an instruction to the marshal
to use special caution in caring for the
three stores and preserving the property
for the estate. This is aliunde the record
but within the knowledge of the court
The allowance commended for In the eX-
ception is the price of an uneducated
day laborer. Such men are not appoint
ed deputy marshals or given charge Of
property in cOstodia legis. Possibly some
of that class are more reliable and would
perform the manual duties equally as
we'll as those who are designated. but
there are duties required they could not
perform-as taking inventory, making re-
turn, &c. For many obvious reasons they
are not selected and what they could be
hired for is no criterion by which to fix
compensation for those who are. One
item i'll the marshal's court Is S2S paid
for guarding the store at Wallace twenty
eight days. The marshal was responsible
on his bord for the property and it was
proper competent man should be hired
to guard the property by day and by
night il he had reason to even suspect
there was danger of fire or robbery The
courts will not weigh in golden scales
expense accounts incurred by its officers
in preserving property i'll the custody OF
the court. The items all seem to be
reasonable, are sworn to as provided by
law and will be taxed against the parties
who have assumed the costs.
There is no provision of law allowing
board to deputy marshals. The statute
allows deputy marshals two dollars per
day when attending court. They are
allowed mileage or actual expenses when
serving or endeavoring to serve process.
but nowhere have been able to find any
provision for paying board bill, except OF
the marshal and deputies when attending
a regular term of the court, not to eX-
coed so much per day The allowance
of three dollars per day to the three
deputy maGshals, considering all the sur
rounding circumstances, III this case
seems to be too liberal, keeping in view
the fees allowed by law.
at was regular employment for
month, true away from home. and in my
opinion two dollars and fifty cents per
day is reasonable and fair. All vOuch-
ers for board will be eliminated from the
bill of cost, the deputy marshals each
allowed $3.50 per day and actual ex-
penses necessarily incurred for which
vouchers have been filed. The bill OF
costs will be reformed accordingly.
Except as herein modified the orders
and rulings of the referee embodied i'll
the report certified for review are af-
firmed.'