The Leader, enterprise and press. (Fitzgerald, Ga.) 1915-1921, 1917-03-16
RULING
is MADE BY SPEER

| macon, VA, March 1S.-ln deciding
yesterday that the trustee has a right
to name his own counsel in bank
ruptcy case, Judge Emory Speer pre-
sented attorneys at the Georgia bar
an interesting study. The decision
was made in the case of the Dodd
Supply company, bankrupts, of Fitz-
gerald
In this particular case, where the
referee held that the trustee should
/ employ certain counsel and turn over
the assets of the company to him,
Judge Speer held that the referee
, exceeded his rights
Hardeman, Jones, Park and John
ston represented the trustee, while
Otis E. Elkins and James H. Dodgen
represented the referee Judge Specr's
opinion was:
1t is quite apparent that this is a
naked question, depending upon appli-
cation of the trustee for authority to
employ counsel. This, it appears from
the statements in the hearing, is the
first application of the sort, the trus-
tee exercising his right to make that
application to this court rather than
to the referee. The exigencies of the
case seem to require that the trustee
be represented by counsel, and / may
say that'the interest of all, as we'll as
the interest of the estate, seem to re-
quire that such counsel should be in
entire harmony with the trustee,
whose duty it is to collect and pres
erve the estate.
Nov, as against the application, it
is urged that the referee has designat-
ed particular counsel There is no
question as to the capability of these
gentlemen, their energy and ability is
made apparent on this hearing But
has the referee authority either from
the statute or from any principle of
practice in the courts to designate
who shall be counsel for a particular
litigant? Surely, the bankruptcy act
does not expressly give him such au-
thority and his jurisdiction, as that
of every other United States court,
is limited and conferred only by the
acts of congress. I think, therefore,
that this order directing the trustee
to turn over to them the assets of the
estate, was wholly without jurisdic
ton; and an order without jurisdiction
will not be heard to control the action
of this court so as to deny to appll-
cation of the trustee that he be allow
ed to employ counsel. In no case
has this court ever designated counsel
or any fiduciary officer of the court.
The court has, as is we'll known, uni
formly declined to interfere with the
opportunities of counsel to obtain the
emoluments and honor of the pro-
fession Any other course would be
to allow the court or referee more
authority than the law allows He
could make the fortunes of cerrain
counsel and ruin others If the referee
had the right to designate counsel in
court like the bankruptcy court, i'll
the absence of an act of congress au-
thorizing it, any other court would
have the same poWer-a court OF
common law or a court of chancery.
He might name the particular favor
ties of the judge and bestow upon
them all the opportunities of the pro-
fession That would not be tolerat-
ed. There is no precedent or author
ity for this action, and I, therefore,
feel it right to authorize the trustee
to employ counsel. He may employ
the counsel he thinks proper, and the
counsel the referee has designated.
He is not obliged to, though. He can
select from the bead roll of the bar
any of its illustrious names"