The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-07

Bankruptcy Act. after providing for
the courts OF bankruptcy, oonfsrs up
Oh them jurisdiction TO; / ~Adj0igs
persons bankrupt who have had theil
principal place Of business. resided o.
had their domicile within their respec
tive Territorial jurisdictions. for The
preceding six months. OF the greater
portion thereof. or Who DO not have
their principal place Of business. re
/ side OF have their domicile within the
United States. but have property With
in their jurisdictions. or who have
been adiudeed bankrupts by courts Of
competent Jurisdiction without the
United States and have property with
in their jurisdictions
It is apparent, therefore that either
one Of three conditions must exist in
order 10 enable this court to have iur-
isdiction 10 adiudge a person bank
rupt, tO-wit:
/. The person adjudged 10 be a
bankrupt must either have had his
principal place Of business. resided, or
had his domicile within the territorial
jurisdiction Of the court for the pre-
ceding six months or the greater por-
ton thereof; or
2. While not having his principal
place OF business. resided or had his
domicile within the United States.
but has property within their juris-
dictions; or
3. Has been adjudged a bankrupt by
court Of competent Jurisdiction
without the United States and has
property within that jurisdiction.
The petition in this case shows on 1
its face two grounds Of jurisdiction:
First. That Paul ]. voeller OF 10 I
nolulu. Island Of Oahu. Territory Of
Hawaii. has for the greater portion Of /
six months next preceding the date Of 4
the filing Of this petition, had his I
domicile at Honolulu aforesaid; and (
90 has property in the city Of Homo /
lulu aforesaid. subject to execution I
and owes debts to the amount Of .
s2729.73."
Either OF which two grounds. if /
borne out by the facts adduced al the 1
hearing. would be sufficient 20 give
this Court jurisdiction.
Property Within Jurisdiction.
But conceding that the petitioning +
creditors had failed TO show that .
Voeller had a domicile within this
territorial jurisdiction for the six /
preceding the filing Of the pc
tition yet it clearly appears that h
has property within this jurisdiction
and subject 10 the jurisdiction OF the
court: to wit. certain real estate set
orth in the schedule attached 10 the
petition and estimated 10 be Of the
-alue Of some $4,000. This would in
OF the provision of domi-
lie. or residence. bring him within
he puryiew Of the bankruptcy juris
LECTION of this Court
The essential facts which give a
court jurisdiction Of bankruptcy pro
,eedings appearing affrmatively and
distinctly in this proceeding. am
therefore Of opinion that unless some
other reasons are give why said Voel-
Ter should not be adjudged bank
-upt. the petitioning creditors are en-
titled to an order adjudging him such
Powers Of Federal Court.
Second. Upon the second objection
raised by counsel to the jurisdiction
II this Court. namely. its power to IS
sue the restraining order TO the High
Sheriff Of the Territory lit is clear
that the Court was fully within its
powers when il issued
said order. and i is not true that the
Territorial Courts and the District
Courts of the United States have con
current or CO ordinate jurisdiction ia
proceedings.
II would seem quite unnecessary 70 f
state. were it not for the point raised
ay counsel brief. that the United
States District Courts are made