Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-09-23
ACTION. DEFERRED
MR.. WAGGAMAN rs NOT ADJUDG-
ED A BANKRUPT.
Chief JuStice Clabaugh Postpones Deci-
sion on Request for Adjudication
Until Monday.

Thomas-E Waggaman was not adjudged a
bankrupt today, contrary to the expecta-
lions or the large crowd of lawyers and
others interested that filled the court room
to hear the decree of adjudication. Chief
justice Clabaugh after listening to in
formal discussion by several attorneys in
the case announced that he would defer ac-
ton on the request for adjudication until
Monday next.
In announcing his decision the chief JUS
tice stated that he had some doubt as to
whether the full time allowed under the
bankruptcy law has expired, and that while
everybody present would be disappointed, a
contingency which he greatly regretted, the
law allowed five days after the service of
subpoena in which creditors might file OBJ
Ject1ons to the adjudication, and that 1t
was in the province of the court to allow an
extension of time thereafter to the bank
rupt in which to file his pleading.
The issuing of the rule to show cause,
which was returnable today, was virtually
an extension of time to the bankrupt
which would not expire until the close or
this day, the court suggested, and in order
that no one might come in later and con-
test the adjudica ton on this technicality
it would be safer and could be of no detrl-
ment to any one in interest to let the adju-
dication go over until Monday next.
Contentious of Attorneys.
When the Waggaman case was reached
this morning Joseph ID. Sullivan, repre-
senting bankruptcy case No. 36l, filed by
the Columbia National Bank and two other
unsecured creditors, asked for a decree OF
adjudication.
He urged that the full time had expired,
as the bankruptcy law did not contemplate
the issuance of a rule to show cause, ana
that the time limit should be figured from
the return of subpoena, which was Sep
TENDER II. and he suggested that the an
swer of the bankrupt filed within the limit,
admitting his insolvency and his willing
ness to be adjudged bankrupt was tanta-
mount to a voluntary petition. In support
of his contention he cited the practice IN
equity, which is closely allied to bank.
ruptcy procedure, where a decree would
be taken unhesitatingiy when answer was
filed within the time limit. lie opposed the
postponement on this ground
Attorney William f. Mat1ngly, VINO rep
resents the pettioning creditors in the iir5t
case filed against Mr.. Waggaman, ADVISED
the adoption of the courts suggestion 10
POSTPONE action remarking on the peculiar
wording of the bankruptcy law ana Sug-
costing that, owing to the amount m
volved and the various interests at stake,
no action should be taken which at any
future time might open way Tor addl-
tional litigation. He also stated that no
harm could be done any one In interest by
this short delay.
in the second petition filed by M. Agnes
Gardiner and others, agreed that the deiay
of tWenty-four or forty-eight hours could
work no harm but he advised the court that
he desired to be heard before any order OF
adjudica ton is pa SSed but would defer MS
remarks until next Monday.
All the attorneys represented IN the case
were present at todays hearing, including
Attorneys Charles J. Bona parte of Balti-
more and Hamilton & Colbert, the Catholic
University's counsel.