The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-06-21
Galveston Will Not Go
Over Tomorrow.
GOVERNMENT MAY
AGREE TO GIVE BOND
And Take Possession Of the
Vessel Later On.
----- saaR
TRIGG COMPANY is
NOT IN BANKRUPTCY
Judge Waddl Handed Down an -Oplnr
ion Yesterday Which Leaves It's AT.
fairs In the Hands Of the State
Courts-The Substance
Of the Decree.
Gossip.

The launching OF the Galveston wtn
not take place tomorrow afternoon. the
date set by the government for chat in-
terestlng event. sss
tion and all the talk of Federal troops
and glnboats has not had the effect to
bulge him. Those expecting to see upon
the records Of the Chancery Court yester-
day evening an order dissotving the in-
junction, which restrained further pre-
.parations for the launching Of the Cal
weston, were wholly disappointed. Not q
lick Of work has been struck on getting
the cruiser ready to leave her ways since
the injunction was granted by Judge
Grinnan on Thursday afternoon. The Il
two United States lleutenants here, who
were surnmariily stopped with their pre-
parations for the launching are still walt i
ing with folded hands until instructions
come from Washington.
Judge Not Talking. 5}5f
h Judge Grinnan was seen yesterday, but VI
declined to discuss the matter In any Of 3
its phases. It would not be proper for
mo to do SO, he said. Then he added:
THE best thing to do Is to watch the
records Of my court. All shall have
! to say will be said right there. J" A watch
Z OF the most constant kind was kept on
the doings up at the Chancery Court, but
not an 81 was dotted nor q st. crossed
on a paper which touched remotely on the
Trigg vs.. Galveston case.
5IS Tho date OF the launching is now entire-8
ly Indefinite. The hest that can be said
is that 1t will occur very likely the Ia st
of this week The solution is expected tp
come from Washington and 1T will prob
ably be in tho nature Of an Indemnify
ing bond filed in the Chancery Court here
fully protecting the Trigg creditors. Such
& bond, it Is understood, has already
been drawn by Attorney General Knox
Launching Later On.
Whether Judge Grinnan knows Of this
or not is not known. But 1T Is practically
certain that when such a. paper Is fled
here, the protection which Mr.. s. 3F. Il
Hawes, supply creditors. sought will have
been assured and the cruiser will be re-
leased to the government. Two or three
days, at the outside, are all that are
needed in which to complete the prepara-s
tions for the launching. II the in1unc-.
tlon is dissolved tomorrow Leutenants
Groesbeck and Thesis can get their men
together and by Thursday or Friday the
embryonic warship will be ready for her
first plunge. If Attorney General Knox
has really prepared such bond, 1t will
be an admirable solution Of the muddla.
The Judge Of the Chancery Court OF
Richmond certainly has held up the na-
tional government for two days aud how
much longer 1t will continue to do SO. s.
A most important development OF yes--
terday was the decision Of Judge Wad-
dill. the effect Of which was to keep the
Trigg case in the Chancery Court and
making the settlement through the re-
ceiver. #;
Judge WaddiIl's Decision.
Judge Edmund Waddill. Jr, of the
United States District Court. yesterday
delivered his opinion In the matter OF the
petition Of CERTAIN supply creditors OF th6
william r. Trigg Company to have the
said company adjudicated a bankrupt.
and the demurrers to the petitions and
motion to dismiss same made by the
| company and second mortgage hondhold-
ers. The petition to have the company
adjud!cated a bankrupt Is refused and
decree entered to that effect.
Judge Waddlll's opinion is a typewritten
document of fourteen pages. in which he
touches upon every phase of the case,
after reviewing the legal procedure Lead
ing UP to the petition. The court does
not rule on any Of the objections to the
suftlciency of the petitions to have the
company declared bankrupt, which It is
declared involve questions Of fact rs
we'll as of law As to the point that the
petitions are not properly certiieu, ne
declares that this Is an amendab!e error
and immaterial. The defense set up that
the company Is not such as comes within
the scope of the national bankruptcy act.
and that the creditors have not provah!e
| claims sufficient to warrant their peti-
tioning for bankruptcy. involve ques-
| tions OF fact, on which 1t is not neces-
sary to rule
After disposing OF. these subsidiary
| questions or dsmissing them from con-
| slderation, the court reviews the real
issue In the case. the question whether
| or not the amendment to the national
bankruptcy act. passed by Congress IN
| February, 1908, is or Is not retroactive In
its effect. That amendment provided
| that the appointment of receiver should
| ipso facto constitute an act of bank
rnptcy. The receiver In the case OF ths
| William r. Trigg Company was ap-
pointed by the State courts In December
| last, several months prior to the amend-
| ment OF the national bankruptcy act.
| The court reviews the question OF the
prospective or retroactive character OF
statutes In great detail, and finally enun-
! clates 1t as the law In such cases that
unless the statute specifically provides
| that 1t Is to be retroactive, It Is assumed
not to be. This construction has been
| the rule of the courts. In support OF this
| View the court quotes numerous decisions
| Involving questions of retroactive stat
utes, and then prolnulgates clearly and
| without hesitation or doubt thar tha
| amendment 70 the bankruptcy act mak-
! Ing tha appointment OF = recelyer conRtis
| tute an act OF bankruptcy ~ not retro-
| active In its operation, The petition ~
therefore dismissed, and Q decree ems
| tered to that effect.
Tho effect OF this opinion In 20 leave
/ S777T7 Yf,~nttnund mn Ninth pare1 IN