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li an Impoftaot Case
The Word Ueed In the First Cate of
Partial Testimony It Withdrawn
and the Opinion Of the Matter, In
the Alowance of Certain' feet,
•Concurred.
In the District Court of the United
States for the Southwestern Dl-
rltlon of the Southern Dis
trict of Georgia.
In the matter of Balobrldge Trad
ing Company, Bankrupt In Bank*
r
Petitions- of attorneys tor petition-
lag creditor*,' attorney* for the bank
rupt, aadk attorneys far -the -trustee,
for compensation.
of Special' Master thereon,
'am H. G. HansDc'.i, for petitioners.
9 (Opinion of the court July 13,1908.
I Speer, Judge. r '
| This case has been twice before
I the court. In the -Brat Instance, upon
-the testimony of one bf the attorneys
for the petitioning creditor*, which
aeeme to hare been only a partial
statement of the services rendered
and the difficulties encountered by
counsel, allowance made by the Mas
ter were declared to be "unconscion
able,” and the case was re-referred
to him for other Investigation,
has complied with his duty under
the second reference, and has heard
and reported other testimony, which
will, I think. Justify the court
reaching a conclusion, which. If It
does not Justify in full the original
finding of-the Master oo-tfee facts be-
’ fore him, at least Impels .the court
to withdraw. the ward “unconscion
able,” and Will result in somewhat
more liberal compensation to epun
sel for. the petitioning creditors, etc.
than the- special matter. has allowed
in hit second report It -Is very ev-
- lient that the Infelicitous expression
of the court In piaster on the first
report largely Influenced-th* special
master Jn hit second finding. It
probably should not bars had that
of the cogent teatl-
thiit hearing. For
B. B. Bower, who
testifies that he ha*; been practicing
law from 1857 to the- present date,
•are when he was on the bench a*
Judge of the Superior court for about
18 years, and Judge of the City Court
for about four years, also testifies
that hel has no Interest In the case.
He contlnnes: “Taking an estate
-of fifty thousand or sixty thousand
-dollars of actual debts due by the
bankrupt, a petition field ‘ by attorn
eys for part of the bankrupt’s credi
tors, and finally other creditors com
ing and being made parties, ah' al
lowance of fees for the attorneys
representing virtually all the credit
ors of $500, and then the bankrupt
answering to twenty-three thousand
suets, which by the process and prog-
ress of the administration of the es
tate was actually reduced to between
seven and eight thousand dollars,
then the allowance for attorneys rep
resenting the bankrupt of four hun
dred dollars, and an allowance for
the attorney of the trustee of one
hundred dollars for advising the trus
tee through the progress of the whole
administration of the bankrupt's es
tate, I should not consider these al
lowances excessive, but reasonable,
especially In view of the fact that
the actual reduction of the amount
of available assets would seem not
to have much lessened the amount
wad value of the services of the re-
•pehtlve attorneys.”
-Mr. W. H. Krause, who Is the trus
tee of the estate, and whose duty It
Is to protect the fund, as stated, did
not testify on the first hearing of
the case, but on the second, he
answers:
"From my connection with and
knowledge of this estate, and look
ing solely to the best Interest of the
credltoraapnd the bankrupt, and con
sidering *tSr services rendered, 1 do
not think it advisable to oppose the
fees recommended, to-wlt: $500 for
ilhe petitioning creditors' attorneys,
$400 for the 1 bankrupt's attorneys,
and $100 for the trustee's attorney,
and I consider these fees very reason
able. I am a practicing attorney and
a member of the Balnbrldge bar.”
His testimony, of coarse, bears most
atrongly against the general creditors.
It 1* made by their agent, selected
and appointed bjr them for the high
fiduciary station which he holds.
Mr. E. S. Longley, another member
of the Balnbrldge bar. Is even more
liberal' than the trustee. He testi
fies that e.fee <o( $500 or $800 would
' Tie very .ruraland . finite ,4k
melTely remarks,.. “m top, mm#
would net be adequate.” Mr. boo*
ley too Is strictly Impartial, for vjjilie
he represents a number .of creditors',
under an arrangement of which the-
court Is not precisely advised the
creditors will get 60 per cent,
more nor less, no matter ( whst com
pensation Is allowed to counsel.
Judge W. M. Harrell of the City
Court of Balnbrldge fully justifies the
original report of the master, and
obliterates therefrom the appearan
ces, which seemed to the imperfect
vision of the court as at first uncon
scionable. He too Is lmpar(&L
Mr. John E. Donalson testifies that
he cannot say the fees allowed by
the master are excessive, "but con
sidering the equities of the case,
think they should be less." 'When
asked, “what would you consider a
reasonable fee," he said, “I think a
reasonable fee would be 10 per cent
of the amount recovered, to be divid
ed out among the different creditors.'
In this opinion of Mr. Donaldson, the
court fully concurs; but In view of
the overwhelming weight of the tee-
timonj. la cut, jviil (mobiIIit
Its action, especially since the cred
itors will lose nothing, withdraw
the term "unconscionable'’ as .applied
to the Master’s first .-report, and di
rect that report to stand approved,
and the fees paid In accordance there
with.
Everybody Joining the Club.
Over one nunared members have
already been enrolled as membra of
the "15,000 Club." Only -two people
have refused to sign tue cards. One
of them did not refuse, but handed
the card buck unsigned. The other
said he would wait a few days.
Neither will be approached again, as
the leaders of the movement are not
disposed to beg any citizen to join a
movement, the object of which
merely to stand together for the good
df,;tbe city—without cost and without
Priije. . '
Four hundred cards have been prin
ted and It Is hoped that every one of
them will be signed. Mr. A. E. Dim-
mock haa a lot of .the carda at hla
drug store and is signing many mem
bers there. Secretary Newman sign
ed about thirty members yesterday.
The full list of those who hare
ed in The Times after the-next hieet-'
Ing, which will be Jhe first Friday
night in August. The outlook’ now
D that there will bfe at/.least Iff lr
ed members to the club—ai d
every, member ts honestly desSjkut
hoplng and believing In the ftttui
growth of Valdosta.
RECm.
II Diy's Happens Reported by (Ik ftifif Stela Miss Sadie Mark/
Watcb Last Nifilit and Sold It,
Banker* Oppose the Dsen Banking
BIB,—Society Women to Rough It
-In the Rocklst^-Ths Sheath Gown
Crests* a Sensation.—'Two Dam-
K* -Suits Against City,
Savannah, Ga., July XI—Mr. J.
Fenie, Cann, Vice President of tip
Merchants National Bank who haa
returned from Atlanta when he west
to-sppear before’'die Senate Commit
tee on Banka and Banking la oppo
•Won to the bill «t Senator Sees,
providing to rtho depositing of an
banks of a .percentage of their fia.
posit* with the state to prevent the
toes to depositors, has iptaned home.
aye hla latormatlei is that jto!
bill his bo ehaaoe to psae the senate
and that It will be reported
versely by the committee. An
Savannah bankers are oppoei
the measure, and the Clearing
elation ha sgonrBn record at
posed to It.
Electrlo Co, Employer Dead,
Mr. J. T. Lewis, an employee of
the Savannah Electrlo Company, who
was stricken with paralysis while
running an electric car a tow days
ago, died at tbe Park View Sanita
rium on Wednesday, morning at four
o’clock and was burled Wednesday
afternoon. He had not been In good
health for some time. Mr. Lewis was
formerly Bupt of the railway ayaum
upon which he was employed at the
time of hla death.
To Rough It In the Rookies.
IMlss Dorothy Baldwin, daughter
11 the ««
d teai
of Mr. George J. Baldwin, and Mlaa
Elsie Tledemao, the daughter of
Mayor George W. Tiedeman, are
planning a very interesting trip - to
the Rocky Mountains - - In company
Joined the movement win be print-' with Mr. George J. Baldwln, in a tow
mA to* Tile Timas ' efHle' l*l»l ' ■ Asffl * did ■ A'w * J ‘ 1 was ea.es J * *'.1
weeks.- Miss Baldwin Is -now the
hostess' of Miss Helen Taft, the’
daughter of the nominee for Presi
dent of the Republican ^pb-ty. Mias
Taft Is to return-home'in a tow days
and then the preparations for M.as
The Home was Bantered During the
ftfghf'and the Witch was Stolen
From a Dreeeer.—Thief Sold it to
a Jeweler This Morning and It
Was Delivered to Ownsr.
| (From Thursday's Daily.)
Tie home ef Mr. Joseph Marks was
entered b> a. Mteak thief last night
»od a little gold watch, with three
diamonds in the ease was stolen
from a dresser la Mr. and Mrs.
Malts' room. The thief gained to-
tranae from the rear porch by step
ping in at the window.
Tie family was absent from home
aboiit an hour last night and It may
be (hat tbe raid was made then. If
not; the house was entered after the
tom ly bad retired.
Tie little watch waa In a email
casv »nd was on S dresser. The
had n0 trouble In finding It, aa
s In plain view on the dresser,
theft was not discovered until
morning when Mrs. Marks notlc-
ed hat .the watch was gone.
'Mr. Marks reported the matter to
the police officers and he also start
ed rat to Infornl the jewelers and ask
tbeil to look out for It. At 8pring-
JJ'... :rLw 9 (4
CITY CdyCT TAKEB~MC|US.
Jevy Dismissed nil Monday When
Impertant Cases Will be Tried.
Tbe city court has taken-a recess
until Monday morning so far as the
Jury cases are ooneerasd. The Jury
waa discharged yeito-dSy afternoon
till Monday mottling at nine o’clock,
when It la expected that several Im
portant cases fn which the Georgia
Southern and Florida railway Is con
cerned will be taken up. Next week
Is expected to be a very busy one In
the court as quite a uumobr of Im
portant cases will be tried.
The following esses were disposed
of before adjournment yesterday:
John R. Young Co., vs. H. M. Young
Settled. 1 v
W. H. Briggs Hardware Co., vs
Western Cartridge Co. Dismissed by
plaintiff.
J. T. Dasher, vs. Fannie TeotL Set
tled.
J. M. Yungblood vs: E. A. Vaught
and Valdosta Bulldnlg and Loan As
sociation. Verdict for plain tiff.
J.. P. Judge vs: Valdosta Street,
Railway Co. Settled.
B. L. Thomas re. A. C. L. Ry. Co.
Dismissed by plaintiff.
Ikt jeeaw KMl siHtoalt
' llrdllj I MMtStHItf.
Tbs Ground was Covered Will)
Little Lumps of toe'ant Rato Mtiei-C- '
ed Down, too, for a Short Whiter--
Crops Were nightly Injured jfy'fetor
HelL T / ■'iff -
(From Thursday's Dally.)
While the black cloud*-ftdftf dto
the east yesterday and' this pasto'oC?
thunder were bumping agalaat fhw
sky, there wan a shower «f halt ito-
Alliance Warehouse Company.
The Alliance Warehouse Company
met yesterday and elected a new
board of directors for the euauelng
year. The new board oonilsts of
President W. F. Arnold; Directors
W. F. Arnold, J. E. Oornto, J. W.
Hagan, M. M. Blanton, R. F. Wlsen-
baker. Mr. J. E. Oornto was mado
secretary and treasurer and Mr.
S. Dasher was elected manager for
the next season.
The usual dividends was paid and
the oompany decided to make many
store, he accosted Ur. Springer I Improvements, the object of whloh Is
in if Joking way with, "Phat did you *° reduce The warehouse
•to^ Sadie’s watch tor,’ 4 ‘ r [ In to be enlarged, walls are to be
built where wire has been used to cut
tut for fun,” said Mr. Springer,
honoring the Joke, "I waa going to
It back to her.” t .
H» |hen pulled from hi* pocket
tbe,;Uttle watch and asked If that
the one. Hr, Marks and Miss
-both were dumbfounded al-
Mr. Springer then explained
he had Just bought It from a
boy for onq dollar. He said
he wae. certain that It was a
watch and be bought It In or-
be sure of getting It tor the
(be negro went out, he. began
Into the watch and found -Lee
off cotton and a hydrant and hose Is
to be put In to use In case of fire.
Protracted Sirvloes at Sardis.
Protracted meeting will begin at
Sardis church Saturday, before the-
first Sunday In August. There will
be dinner on the ground Saturday
and Sunday. Everybody Invited to
come and bring a well filled basket
Freight Trains Reduced Again,
The Georgia Southern and Flori
road ha» changed freights. Nos,
and 24, from dally to trl-wee’
trains This waa done Some
ago on account of the light tra
due to so .many - mjlls being
down. The dally 'schedules
adopted during the melon and fi
season, and no# that the melon
son Is about over the tri-wee
schedules are to be adopted
Cotton will begin to move
short while and the lumber indu
will also rerlre. It Is believed
this will create enough business
only to resume tbe regular d
schedule, but to create a demand
more trains.
Went to Ocean Pond Yesterday.
Dr. and Mrs. A. G. Little chai
oned a party of young people
Ocean Pond yesterday afternoon
spend the evening there,
party was Mines Pearl Lewis, Patt
Reginald, Vatlle Ferrell, Male
and Lillie Bell Roberts. The you
men were John Cave, Will Pardi
Arthur Davis. Jam 1 ® Ashley,
Denmark and C. L. Smith,
crowd speot a pleasant evening a
returned on the night train.
Boy Wanted at Tifton. <
Chief Dampler-ploked up a-it'rmng-
negro on the streets here the other
stolen. The boy also filled a descrip
tion of an escaped convict at Tifton.
Chief Dampler got In communication
with the officers at Tifton this morn
ing and learned that the boy was
wanted there for larceny. He will he
held here until an officer comes down
after him.
Marks' picture to ft He knew then
who the time piece belonged to and
waa waiting for Mr. Thompson to re
turn from breakfast to carry It" to
Mr. Marks.'. ' ‘
med the '
made cotton look Ifkd a j
en In some place*.
There , was no
no signs of IL They* tree, :
a shower ' "■ " ‘
first time
failed to fall
afternoon or evening.. .. „
Messrs. A. -Ooaveree -and ,W-
Smith were out oo ibet MUJifip* eecR,
near the Perry Dari* placK M** im' ;
nine miles from tbe etty,- when »
shower came up. To avoid
wet they drove up near A small 1
and. hitching their boreea, W«at-la.
While they were trad*,- the Shot- y\-
ter It began to ball wA ^Ih* snsa*
chunks of Ice poured .down until jffato- -'b-
covered tije ground. Tbey Jnaio'W-W-A*
lively racket as they retitod in' Oto--'
house and the bore* bereitee ^ we**
restless from tbe blow*, though, tiyo. , j - vfiL
animals : were' under the trees an* , t t
did not.gel,the fall tall at klfL. w ... .^Blj
The Ice-,covered the grow ad good; /
and did conelderahle damage to Urn--
crept! tit that Immediate section. Tito
ares'ove'r' wbteb-the hail to* wnen - ,
very sdall, end the refh did-not Jea* . »/.'•
a great - • l .ui..—
The crops thren^K"'that" eeufiuet
ere said to be enpertL' ‘tto 'ffHHel '
resemble pet
where effort* ire (aide to' ed* I
•wito
much the land, win' produce.
backset the tottnera of Laundato
many of
crop tbti year.
risen or. voeeeeu.
- -BMug-Ae -'to#*
Jnat think of buying an up-to date 1908
$20.00 Sutffpr ?13 35, -
Just think ,of buying ah up to-d»te 1908 .
$is.oo Suit for $ip.oa
And any Spit jiy stock at 33 1-3 diaconnt
or 1-4 off.,. >-
Ju*t think of buying a $6.' 0 pair of new *0$
Trousers for $4.50.
Just think of. buying r $3.00 pair of new ’08
Trouser* for ,$2.25.
they co!
igalnst the dty. d. J. Burke P*lt-
oned for -hie body, whom It was
lalmed had fallsn in a bole from his
day. the boy having a lot df clothing j .[cycle and Injured his arm 10 badly
that the chief thought sure were| t uat it has been useless since. The
Died Near Greenville, Fla.
Mrs. M. A. Jones died ts the home
of her eon, W. A. Jones, five miles
east of Greenville, Fla., on the l’h
Inst. She had been falling for mv-
eral days, and cn the afternoon of
the 7th passed sway, after severe
tuffering.
Miss Belln Lamar left this morn
ing tor her home In New Orleans,
after spending several weeks to this
dty with Misses Lamar and Helen
Lewis, and Misses Laura and Ann*'
other was from C. 8. Hitchcock,
who claimed to have tailed Into an
opening from the sidewalk Into the
batement o fthe Savannah Theatre.
It Is claimed the dty Is -responsible
became It should bay* seen that
thee placet yere securely dosed.
Cold Comfort for a Slanderer.
--These gentlemen did right In as
saulting you. you should he glad that
they did not handle you with more
roughnees than they did." Them
were tbe remarks of Judge John B
Schwarz, recorder, to dismissing the
case against four Savannah bnatoeM
men charged with assaulting another
man. it waa shown that tie com
plaint bad slandered a young lad/
employe of one of tbe fioartetto and
he and others bad determined to do
the offenders. They did It to the
queens taste and Evidently to tho
aauifltfion of tho court
Just think pf bpyjng .all other trousers at
1-4 off regplar price.
Just think of Panama Hat* at $3.75, $4.50
and $6 00 that sold formerly for 86.00,
$7.50 and $1.0.00.
Just think of al) $tjraw Hats selling now sit
33 1-3 discount.
Just think of buying Trunks, Bags and Suit
Cases at 25 per cent discount.
And right in the Good Old .Summer Time.
Well, you can do it at
One
Valdosta,
Price 1
••
••
Bri
•
•
iggs,
Georgia.
SALE LASTS UNTIL SATORDY NJGHTi JULY 1&
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