davidaulloa/AmericanStories huggingface dataset:
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
To Give Up House

The Solicitor General and
Mrs. j. Crawford Biggs will give
UP the house at 1900 Kalorama
Road which they leased last
winter from Mrs. Sydney A.
Cloman and will leave Wash
ington next Friday, for Atlantic
City, where Judge BiggS will
address the Maryland State Bar
Association.
They will leave Atlantic City
the following Sunday, going to
Raleigh, N. c., where Mrs. BiggS
will spend the remainder Of the
summer. Judge BiggS will re-
turn to Washington about July
5 and will make his home at
the Mayflower Hotel during the
summer.
Mrs. Campbell Prichett, niece
Of Mrs. Cloman, will take pos
session of the house on July /,
and will have with her her
niece, Miss Natalie Keeney, q
debutante Of last season.
Mrs. Cloman, who is in Cali
fornia, expects to remain there
until the early autumn.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
Mime. de With Leaves

Nine. van HaerSna de With,
wife Of the minister Of the
Netherlands, will sail from New
York today aboard the Veep.
dam to spend the Summer in
Holland. The Minister will
join her later in the season.
X 4 4
Mrs. Eliphalet Frazer An
drews will have Mr.. and Mrs.
Porter OgelSby as her guests for
the weekend at her home at
Seminary Hill, near, Alexandria.
Mr.. and Mrs. Ogelsby have
recently returned to Phila-
delphi, their home. after spend
ing a year or more in Washing.
ton.
Mrs. John L. Hines, wife Of
Maj. Gen. Hines, has joined
him in White Sulphur Springs,
W. Va, where next week they
will open their new home, Rocky
Cap for the season.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
Ruling Quoted

# the highest court Of the
State Of Pennsylvania, which may
naturally be presumed to have
been Jealous In seeing to the pro"
lection Of the rights of that
State in the matter Of the col
lection Of the taxes due it, and
with q statute making those
taxes a first lien, held, as it did
in that case, that the costs and
expenses Of the receivership were
prior even to such taxes, by so
much the more, in the case Of
the Predetermined Company,
where there Is no statutory lien
given the District Of Columbia,
should taxes assessed and made
s debt Of the corporation prior
to the date Of the receivership,
be treated merely as the claim Of
q preferred creditor, and not as
an expense Of administration.
The testimony Of the ancillary
receiver shows that he had be-
come convinced, two or three
months prior to December 20,
1882 Cor about october I, 1882
that the further operation Of
the business was hopeless. Yet
it appears that the ancillary re-
ceiver delayed his application to
the court for authority to sell
the property, until December 90,
1882, and continued to withhold
from the court all knowledge Of
his operation Of the receivership
at q loss, and Of the payment to
himself Of q salary Of $1,000 per
month, which he continued to
draw from the losing business,
without the courts knowledge,
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
Entertain Guests
At Dinner

Mr.. and Mrs. Richardson
Saunders were hosts at dinner
on the Terrace at the Shoreham
last evening entertaining in
compliment to Mr.. Henry Salem
Hubben, of M m i, Fla, the
noted portrait. painter who is
spending a few days in Wash
ington.
Miss Helen Hughes, daughter
of Mr.. and Mrs. Charles Hughes
will sail on June 28 aboard the
s. s. Saturnia for o two months
sojourn in Europe. She makes
her home with her parents in
Veazey Street, Chevy Chase.
They will accompany her to
New York to bid her bon voyage
and she plans to return aboard
the s. s. Olympic,
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
Loss Noted

In this case, yielding 70 the
unanimous vote of the creditors,
the receivers, against their bet
ter judgment, continued the
business at q loss. There was
also a large shrinkage below
the inventory on the final sale
of the assets, which was uneX.
pected by the receiver, or by
the creditors Of the Aldrich-
Clisbee Company, and which
more than accounts for the
slight deficiency in the funds
ON hand to meet the receivers
bills. As between the receivers
and the creditors who aSsented
to and urged the course taken,
the former would probably be
entitled to reasonable cOmpensa-
ton. But as between receivers
and persons who dealt with
them as officers Of the court,
If under any circumstances
compensation would ever be
awarded to the former at the
expense Of the latter, this is
not a case of that extraordinary
and exceptional character. The
operating losses, incurred by
the receivers after they knew
that the business was losing
money, amount to more than
the deficiency Of assets to meet
the receivers bills. The re-
ceivers' request for cOmpensa-
ton must therefore be disal-
lowed"
The exceptions were duly ar
gued and submitted to the Court
and after a long study Of the
whole case Mr.. Justice Jennings
Bailey filed the following opin-
ion June 20, 1884:
Exceptions filed by the an
cillary receiver, and numbered
Is, Is, II, Is and % are sus-
tanned. AS to exception num-
bered 22, / think that the action
of the receiver in paying him.
self a salary without the order
of the Court and without dis.
closing that fact to the Court
was unwarranted and improper.
I think also that he was dere-
lict in his performance of his
duties as receiver in failing to
inform the Court that the bust
ness, that he was operating, was
being conducted at q loss. I do
not think however that he
should be deprived Of all com.
pensatiOn, and I fix his cOmpen-
satiOn at S5,OOO.OO, in addition
to the 100000, heretofore al
lowed him.
without passing upon the
question, whether the auditor
should have included other mat
tiers in his report, or passing
upon the argumentary parts Of
his report, I think that the only
material questions before me are
the allowance or disallOwance Of
certain items. The remaining
exceptions of the receiver will
be Overruled.
"The exception of the Wash
ingtOn Building Realty Com.
pany to the allowance Of the
taxes for the year 1892 due the
District of Columbia, as a pre-
ferred claim will be sustained.
The exception Of Cattrell and
Leonard will be Overruled.
Exception numbered one Of
George e. Sullivan ct al. will be
OverruIed; exception number
two, sustained.
"The motion to set aside the
report of the auditor will be
Overruled."
The permanent and ancillary
receivers were represented by
George E. Sullivan, the landlord
by Stanton c. Peale, the District
Of Columbia by Chester H. Gray
and Cotrell & Leonard by Paul F.
Hanah and Allen H. Gardner.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23

receivers, aS above modified,
and without their own claim for
services, amount to slightly
more than that sum. The re-
Ceivers request that their com.
pensatiOn be fixed at $4,000,
and that it Should be made .
preferred claim against the
funds IN their hands. It is ap-
parent that whatever sum Is
allowed to them must be paid at
the expense, not Of creditors Of
the Aldrich- CIisbee Company,
but Of creditors Of the receiver.
ship ITSELF.
Receivers are bound to use
the utmost care not to contract
bills which they will be unable
to pay from the property in
their hands. The existence Of
such bills throws on the re-
ceivers q heavy burden to ex-
Onerate themselves from per-
sOnaI liability therefore, and .
still greater burden to establish
q right to compensation. The
court itself has q duty to see
that persons who deal properly
with its officers get their
money. Gutterson ct al, v.
Lebanon 1. g. s. (C.C ISL
Fed. IL; 20 Ency. of Law, p.
1896, collecting authorities. See,
too, Atlantic Trust Company v.
Chapman, 208 U. s. $50. 20
Sup. Ct. 406, 81 L. Ed. 52S, Is
Ann. Cas-. 1885,"
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23

luntil the doors were closed, on
February 4, 1888. $500
The payment Of q salary or
other compensation by a receiver
to himself without authority is
clearly illegal.
So C. J. p. 800.
Surplus Lumber. Co. v. Huet
Boat Works Oa), 1877 Sou. 398.
Citizens Trust Co. v. Wheeling
Can Co., 1919 Ind. 311.
And see Sparkling Coal Company
v. Colorado Pulp and Paper
Company, SO Col. 500, where the
Court said, inter ALA:
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
Precedent Cited

1T is the court itself which has
the care Of the property in dis.
pute. The receiver is but the
creature of the court: he has no
powers except such as are con
ferred upon him by the order of
his appointment and the course
and practice of the court.
And If, at any time after the ap
pointment> has been made, it be
come apparent to the court that
it will be unable to pay and dis
charge the present or future liza
bilities incurred by its executive
officer and manager, it should
refuse to continue the operation
Of the road under the receiver
unless its expenses are guaran
teed. No court is bound or ought
to engage or continue in the op
Grafton Of a railroad or any other
enterprise without the ability to
promptly discharge its obligations
and, unless it. can do so, it should
keep out or Immediately go out
Of the business.
And in Wire Wheel Corporation
v. Fayette Bank & Trust Co., 80
Fed. (2dl 3'8, it was said:
"The cay criticism worthy of
consideration is his (the receiv.
er'S) failure to make written re-
ports to the court concerning
the conduct Of the business. 1t
is c0ntended that had such
written reports been made and
the court advised Of the great
losses the court would have en-
tered an order to cease opera
tiOnS. There is no doubt but
what such written reports
should have been filed. Regard
less Of the statements furnished
by the receiver to the creditors,
the court should have received
written, sworn statements peri
0dicalIy. 1t should have been
fully advised Of the dOingS Of
the receiver at all times.
"And this is particularly true
where the business is run by
the receiver at q loss. No re-
ceiver should continue to Ope-
rate o losing business save
upon the consent Of the Credi-
tors and upon the order Of the
court after the facts showing
such loss has been fully disclosed
to the court. Atlantic Trust Co.
v. Chapman, 2OS U. s. $50, S77,
So L. Ed. $685."
In Atkinson & Co., Inc, v.
Aldrich Clisbee Co., 248 Fed. 1874,
it was said:
1.-THE receivers operated the
business from January 20, 1914,
to November 4, 1913, and in
CURED during that period bills
for materials, rent, insurance,
supplies, ETC., incident to such
operation. None Of these bills
was specially authorized by order
Of court; they were contracted
under the general authority to
continue the business. As I'M
derStand> the facts, the total
amount. available for diStribu.
ton, a. Of November 4, is $1O,.
1869. The Ills against the
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
Clark Cited

The situation Of the District of
Columbia. in the present case
seems to be well covered by the
statement Of. Clark in his work
on Receivers where he says, at
page $685.: -.
IF there are not enough funds
to pay taxes assessed during the
receivership in full and pay ex-
penses Of receivership, including
court costs, receivers and counsel
fees. it cannot be that taxes
during that period if not a lien
or charge can be ordered paid in
full to exclusion Of expenses Of
receivership."
See Union Trust Co. VS.. Lumber
Co., 248 Fed, 46, and Northern
Finance Corporation VS.. ByrneS,
5 Fed. ODD, II, and Kennebec Box
Co. VS.. Richards Corporation, S
Fed. (2d), 95l.
Various courts have used diff
ferent expressions, from time to
time, in characterizing expenses of
administration and the items that
go to compose them, referring
thereto, at times, as expenses Of
administration, costs Of admins
tration, judicial costs, etc., but all
Of these expressions, in effect, de-
scribe the expense which is prop
erly incurred, with the express or
implied approval Of the court,
while property is, being admins
tered by receiver as an arm of
the court.
AS showing the regard which
the court will give to the payment
of rental, where the court has au-
thorized a receiver to continue in
possession Of the leased property,
attention is called to the case Of
Central Trust Company VS.. Cont
mental Trust Company, decided by
the Circuit Court Of Appeals of
the Eighth Circuit on April 4,
1898, and reported in So Fed.
SIT, 522-523, 528. In that case the
court had authorized the receiver
to continue in the possession of a
portion Of a line of railroad, which
the receiver had done; but the re-
ceiver had been unable to procure
sufficient money for its payment,
and accordingly, on final decree.
the court, with due regard to the
obligation to pay this rent, de-
creed that the unpaid rentals
should constitute a first lien on
the property in the hands Of the
receiver and that the same, with
interest, should be paid out Of the
proceeds Of the foreclosure sale,
as a preferential claim.
In the case Of Bauer & Son VS..
Wilkes-Barre Light Company, 274
Pa. 1855, 169, ITO, it appeared that
an electric company had been
placed in the hands Of a receiver.
A statute Of the State made all
State taxes a first lien upon the
franchise and property, both real
and personal, Of such a corpora
ton, and provided that, when such
franchise and property were sold
at judicial sale, all taxes shall
first be allowed and paid out of
the proceeds Of such sale before
any judgment, mortgage or any
other claim or lien against such
corporation"
Following a judicial sale Of the
property of the electric corpora
ton here involved, it was held
that the receivers compensation
and counsel fees are not claims
or liens against the corporation
within the meaning Of this act,
but are part Of the costs Of the
suit and as such have priority
over the taxes.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
AstOr Gives Fidncee
S5O,OOO Bracelet

NEWPORT, r. l.. June % U.S0
John Jacob Astor, who gave Ellen
Tuck French an engagement ring
so costly that even Newport
gaSped. has repeatedly presented
her with q $4,000 bracelet Of
80 diamonds and rubies. A special
corps of detectives will help guard
the gems and other valuable wed.
ding gifts.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
Going Abroad

Mrs. Donald r. Dickey is pass.
ing a few days at the Shoreham
before going to New York to sail
for Europe. Her home is in Pasa-
dena, Cal, and she is In the
city to see her sister, Mrs.
Fletcher, wife Of Col. Robert
Howe Fletcher, Of Fort George
Meade.
X u
Mrs. Walter L. Knopp and her
daughter, Miss Helen Knopp, Of
Anderson, w. Va, after a visit
in New York, are spending q
few days at the Shorehan.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
New Yorker Held
As Code ViOLatOT

NEW YORK, June % I.N.SO
Gordon s. Harris today was the
first New Yorker held for viola
ton Of the NRA code. Harold
H. straus, attorney for the code
authority, described Harris, who
was held in $500 bail, as the
Outstanding automobile boot
logger in the industry" Howard
A. Boyd declared he bought q
Ford from Harris at $50 discount.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
Richberg and PecOrG
LGU BOdu Sneakers

Donald R. Richberg, chief coun'
sci for NRA, will be one Of the
principal speakers before the
Maryland Bar Association in At
lantic City, N. j., on June 80.
Ferdinand Pecora, counsel in the
Senate stock market investigation,
also will speak. Judge Samuel K.
Dennis, Of Baltimore. will preside,
and Sylvan H. Lauchheimer, Balti.
more attorney, will be toastmas Ter.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
Sailing Today

Mrs. Daniel C. Stapleton and
her daughter, Miss Stellita
Stapleton, will sail from New
York today, to pay visits in
London. Paris, and Rome. They
have taken a villa in Florence
which they will occupy during
their stay in Europe.
X Il n
Mrs. John c. Wilson and Mrs.
Pierre Wilson, of this city, are
at the Weylin Hotel, in New
. York,
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
Tokyo Opposes Delay
Of 1885 Conference

TOKYO, June % G.NsJ Post
ponement Of the 1885 naval con-
ference would be a violation Of an
understanding reached at the time
of the London conference, the
Japanese foreign office stated to-
day in commenting on reports the
United States would seek to have
the parley put off at least a year
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
Building Operations
jump So Per Cent

The Department Of Labor yes
terday reported an 80 per cent
increase in the number and 80 per
cent in the estimated cost Of build
ing operations in May over April,
after a survey Of reports from IT'S
cities having q population Of TO-
900 or more.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
Going to New York

Mr.. and Mrs. Arthur F..
Mullen went to New York
last evening to remain for o
week or ten days. Later they
plan to go to their home in
Nebraska for a brief visit.
II X X
Mrs. Gibson FahneStock, who
recently returned from a short
trip to Europe, has opened her
Newport villa, Harrison House,
for the summer.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
REGIS NOEL OFF
FOR MONTREAL
CONCLAVE

F. Regis Noel, president Of the
District Bar Association, departed
on O goodwill mission yesterday.
Accompanied by Mrs. Noel and
John T. Vance, librarian Of the
United States Supreme Court Ii
brary, Mr.. Noel departed by motor
for Montreal, Canada to attend
the joint sessions Of the American
Association Of Law Libraries Of
which Mr.. Vance is president and
of the National Association OF
State Libraries. .
VIII Give Talk
The progressive nature Of the
bar association president has not
confined itself entirely to interests
Of the local bar. -.
He was one of the original
sponsors Of the Friends of the
Law Library Of Congress, which,
after several years Of lethargic
promotion, took new life last
February and has several hundred
members from all parts Of the
country.
Always a reader on law sub
jectS, he and Mr.. Vance have
been close friends in law library
work for years and his invita-
ton to address the association
during its sessions Is q signal
recognition Of his constructive aid
to law library work in this city.
The convention will be attended
by prominent practitioners from
all over the world.
Hon. Camilien Houde, mayor Of
Montreal; Hon. G. A. Fauteux,
Kings counsellor and batonier Of
the Montreal bar, and Charles
M. Holt, Kings counsellor and
chairman Of the library commit
tee Of the Montreal bar. will
make welcoming addresses at the
opening session June IS.
Speaks on Library
N0Gs GNOC4 , AOU4C6S WALL VIC NC
livered on June IS on "A Dem
onstration Of the Value Of the
Law Library Of Congress to the
American Lawyers in the Fields
Of Foreign and International
Law" ....
Other speakers on the program
for that day will be Frederick
c. Hicks, librarian Of the Yale
Law School library, and Mare
chal Nantel, K. c., librarian Of
the Advocates Library, Montreal.
The association convention will
be particularly valuable to Mr..
Noei, foremost advocate here Of
bar integration. He will see an
integral bar Understanding he
likes and the District needs-and
it will give him added hope to
revive his efforts to keep the
local bar from disintegrating.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
Now
ThatSummer
Is Here

Summer with it's mounting
temperatures and cooling
refreshments is here in full
swing. the weather is up
to specifications. and, If
you are in the market for
an apartment or home, why
not save time and worry in
locating it by listing your
housing specifications with
the Barbara Holmes Rental
Service. You'll find this q
quick, easy method Of rent.
ing. Several desirable va
cancies are listed in my
column in today's WANT
ADS.
barbara Holmes.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
< June II, 1894.

OuAAS Il, 1851
The case Of McGlauflin VS..
Parker Bridget Company, Equity
No. 54144, came on for hearing
before Mr.. Justice Bailey upon
exceptions to the auditors report
filed herein March 49,. 1884.
The auditor in his, report in
cluded the claim Of the District OF
Columbia for personal property
taxes for the year ending June
30, 1882, among what he deSig.
mates as preferred claims" An
examination Of the remaining
items in this schedule, which
consist Of allowance Of fee to
counsel for the receiver, balance
due for rent for the property &C.
cupied and used during the receiv.
erShip by the receiver, bookkeep.
ing services rendered the receiver,
taxes assessed during the receiv-
erShip, and the services rendered
by the permanent receiver, shows
that the items which are called
preferred claims" are all .ex-
penses of administration Of the
receivership, with the exception
Of the personal property taxes
claimed by the District of Column
bia for the year ending June 80,
1892. &c..
These taxes were assessed in
September, 1881, as of July /,
1891, so that the obligation Of the
Parker Bridget Company was es-
tabliShed as a definite amount
owing by it to the District of Co.
lumbia some months prior to the
appointment of the receiver in
this cause on March 81, 1882,
and nearly three-fourths Of the
tax year had expired prior to the
appointment Of the receiver.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
Got to Like It

Charles James, register Of wills,
Theodore Cogswefl'S fine ap-
praiser, has a philosophy that
might be adopted by the young
Sters.
Mr.. James came leisurely into
the court building during yester-
days broiling mid-afternoon and
encountered one of the complain
ing barriSterS who asked:
How do you like this weather,
Mr.. james,"
The veteran appraiser stopped,
puffed a bit and replied:
Got to like it. It's the only
weather we have"
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1934-06-23
RECEIVER s. - Pc RSoNAL
TAxELDERELICTToN OF
YNYYHIXNy - - -.

1bGf%k1A 2AkS - - ~ ~ ~ A. "A -
TAXEs-DERELICTToN OF
DUTY - -
I. If there are not enough
funds to Pay sGxes assessed dur.
ing the ysceiUership in full aud
pay expenses Of veceiOsrship, in.
eludinR court costs, TsesiVsTs and
counsel fees, It can not Be that
taxes during .that period il not a
lien or charge con Be ordered In
full to the sxclusiOn Of sxPenseS
Of rsceivershiP.
2. Taxes Gssesssd prior to the
appointment Of receiver are due
from the corporation, NOT from
the TeceiVsyship. They are post
POnsd to dsbts incurred by the
reeeiVsrshiP.
;. Legal and other services in
behalf IT a veesiUsrShiP, are first
administration expense, just 90
are services in behalf Of the ad.
ninistTation Of q decsdanfs estGts,
since they nseesSaTily rebound to
the benefit and advantage 81
everyone else concerned.
&. IL 10 the plain duty Of an
0ncillGry receiver to promptly re.
port to the court the fact, that
th' business sOhich he operates as
receiver, is being conducted by
him at a loss.
. S. Where a reeeiver has Mn.
necsssG.iIy prolonged q reeeiOer-
ship rOhen iustics required that
he Be discharged Gnd the re-.
esiUershiP ended, or whsrs a ~.
ceiOer has been guilty of mis-
conduct in the management of the
property committed to his charge,
the court may. If the etrcuns.
StGnes0 a0GTTGHt, deny him all
compensation .eOnsistent With the
services performed.
8. The payment Of a salary
BY a receiver to himself, without
on order Of the court and With
out diselOsing that fact to the
court is unIvaTTanted and i'm.
proper.