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

Paul J Voeller was declared a bank
rupt by Judge Estee In the Unitei
District Court yesterday morning in Z
written decision, showing that the
Federal Court was within its jurisdic
tonal power when IT issued a restrain
ing order 10 the High Sheriff and that
the United States courts. in bankrupt
cy. and the Territorial courts are not
OF coordinate authority. the Federal
Court being superior Following are
the main points in the decision:
In the District Court OF the United
States. in and for the District OF
Hawaii
In the Matter Of the Bankruptcy OF
Paul J. Voeller
on November 20th. 1901. a petition.
duly verified. was filed herein by
three OF the creditors OF one Paul J.
Weller. alleging. among other
things. that the said Paul J. Yoeller
has for the greater portion OF six
months next preceding the date Of the
filing OF this petition had his domicile
at Honolulu. and has property in the
city Of Honolulu aforesaid. subject to
execution and owes debts to the
amount OF S9.7297s"
said petition also sets up the nature
and character Of the private claims,
showing that the same amount in the
aggregate in excess Of securities held
bv them 70 the sum OF FIVE hundred
dollars
Obtained a Preference.
Among the other allegations OF said
petition. IL appears that one ] J.
Byrne had obtained a preference by
legal proceedings. whereby said J.
Byrne had on the l4th day Of Ootober
1891. procured Judgment against
said Paul J. voeller. in the Circuit
Court OF the First Judicial Circuit OF
this Territory In the sum OF S650.90
and had procured execution TO be issu-
ga under the said judgment and un-
der which execution the property OF
said Paul J. Voeller had been levied
upon and advertised to be sold and
disposed OF under said execution on
wednesday. the Goth day of Noyem-
Der. 1901. at Il o'clock m
Upon the showing made by said pc
tition and affidavit this court issued
an order TO the High Sheriff OF the
Territory. 4. NJ. Brown directing and
ordering him TO desist from and en-
Joining and restraining him from sell
ing the property OF the said Paul J
Voeller and every part thereof until
the further order OF this court; and
directing the said High Sheriff as
aforesaid 10 be and appear at the
court room OF this court on Friday.
the ed day OF November. 1901, at 10
O'Clock a. m. To show cause. If any he
had. whsy the said property OF the
said Paul J. Voeuer should not be
turned over TO the United States Mar
shall for the Territory Of Hawaii. and
also 10 show cause why he should not
be enjoined and restrained from SELL
ing or exposing for sale until after
the hearing upon the said petition
herein.
Upon the day set for the hearing Of
the petition and order to show cause.
postponed until sd day Of January,
1909. J. J. Byrne. the Judgment cred
i,or aforesaid. and A. NJ. Brown. the
High sheriff. appeared by their sttor-
neys. Messrs. Kinney. Ballou s Nc
Clanahan and H. A Bigelow. and op-
posed any such action by this court IN
the matter upon the following
grounds:
Question Of Jurisdiction.
1. That this court has no inrisdie-
ton. as the said Paul ]. voeller is
not now nor has he ever been for the
six months preceding the date OF the
petition. either a resident or domiciled
within the jurisdiction OF the court
nor had be his principal place of bust
ness within the jurisdiction OF the
court. as required by subdivision l..
chapter :. section Of the Bankrupt
cy Act OF 1855.
?. That this court had no jurisdie-
ton TO remove the property in the
hands OF the High Sheriff Of the Ter
ritory under the judgment hereinbe-
fore referred To-