The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-05-27
FEDERAL BANKRUPTCY ACT
DOES NOT SUPERsEDE STATE
INSOLVENCY LAW.
important Decision Made by the Su.
preme Court in Case Appealed
From Seattle.

OLYMPIA, May 27.-The supreme
court has decided that the federal
bankruptcy law does not supercede or
suspend the state insolvency law in
existence at the time Of the passage of
the federal act.
The decision is in the Spokane case
of Jensen-K King Byrd Co, a corpora
ton, respondents, VS.. C. H. Williams
doing business under the firm name and
style of Columbia Hardware company.
appellant.
On August 6, 1898, the Columbia
Hardware company assigned for the
benefit of it's creditors, among whom
was the jensen King Byrd Co, who
were duly notified of such assignement
Subsequently the Jensen King Byrd
Co, sought and obtained a judgment
for $500 for goods sold the Columbia
Hardware company prior to the as
signment. In the case just decided they
secured an order requiring the appel
liant, Williams, to appear and testify
as to the location of his personal prop
erty and submit the same to the salts
faction of the judgment.
A motion to quash was denied in the
lower court.
The vital question, as presented to
the supreme court, was whether or not
the federal bankruptcy law, approved
in July, 1896, superseded or suspend
ed the state insolvency law then in ex-
istence. The court holds, in effect, that
the federal law provides another meth
Cd for insolvency proceedings. The as
company under the state insolvency
laws and the implied acQuiesence
therein by the creditors was sufficient
to bar the proceedings in the case be-
fore the court. The judgment is re-
versed, with instructions to the lower
court to dismiss the proceedings.
Stratton Loses Big Plum.
The. supreme court, in an opinion
handed down today, holds against the
contention of Attorney General STRAIT
ton that the attorney general is entitled
to a fee of 10 per cent. on money COL
lected under processes instituted to
enforce any claim due the state.
The matter came to the supreme
court in the form of a mandamus pro-
ceeding. The attorney general had
collected S42,232 So from Seattle as the
states proportion of the city's liquor Ii
censes. He applied for a writ of man
date compelling the state treasurer to
accept the license money less the 10
per cent.
The claim was based on a provision
of the territorial statutes. The terri
a salary of $500 and a further compen-
saton of 10 per cent. of claims due to
the territory collected by him. The
constitution adopted when the state
was admitted fixed the attorney gem
erals salary" at $4,000 per annum, and
gave the legislature the privilege of in
creasing the salary to $500. The legis-
lature has passed no act governing
the salary.
The attorney general contended that
the constitution only affected the sal
airy" and did not supersede the fee
"compensations" provided by the ter
ritorial Legislature. The contention
was sustained by the lower court.
On appeal the supreme court re-
verses the judgment.
Had the attorney generals conten-
ton been sustained his fee compensa-
ton would have amounted, it is said,
to about $1,000 during the present term
Of office, in addition to the salary pro-
vided by the constitution.
Judgment Affirmed.
The supreme court has affirmed the
King county case Of w. M. Windham
and S. J. Coombs, partners, respond
ents, versus Independent Telephone
company, S. B. Claypool, trustee, appel
lants A. Abrahamson ct al, respond
ents.
The appeal was from a judgment es-
tablishing a lien in favor of each Of the
respondents on lot 3, block IS, c. D.
Borens addition to Seattle. The liens
grew out Of a building contract en-
tered into between the telephone COM
pany as owners of the lot and Wind
ham G. Combs. contractors. The other
respondents furnished material.