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Vol. 3

OF THE

NATIONAL ASSOCIATION of
REFEREES IN BANKRUPTCY

Organized Detroit, Michigan, July 9th and 10th, 1926

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A Message

UR third annual Conference is over and we are beginning the third year of our existence as a national association. If the enthusiasm and interest of those attending the Conference at Chicago are considered a barometer, a need for our association is plainly indicated thereby, and the prospects of our continued usefulness are most promising. This issue of the Journal is too early to bring you a complete report of the Conference, which will follow in a later issue. Our plan this year is to publish four issues. During the year there will be submitted for your consideration questions which were discussed at the Conference, and it is sincerely hoped that you will give these questions your serious consideration so that the association may have the benefit of your views, even though you were unable to attend the Conference. It is expected that the association will meet next year at Memphis in the month of October just prior to the meeting of the American Bar Association, and it is not too early to urge each Referee to look forward to that date, as only those members who attend the Conference can really participate in the full benefits of the association.

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1928-1929

WATSON B. ADAIR

PAST PRESIDENT

Mr. Adair, the second president of this Association, was born in Allegheny County, Pennsylvania, in 1875, and has lived in that County all his life except for a few years in his youth spent on a farm in Nebraska and at school and college in New York. He was graduated from the Law School of the University of Pittsburgh in 1900, and thereafter was engaged in the general practice of law, until his appointment as Referee in Bankruptcy for Allegheny County in December, 1920. His home is in the Borough of Edgeworth in which he, for a time, held the office of Borough Solicitor, and later was President of the Board of School Directors. During the second hal of the year 1918 he was in the Army Field Service of the American Red Cross with the A.E.F. in France He is a member of the American Bar and the Pennsylvania State Bar Associations.

THOMAS F. CLIFFORD

FIRST JUDICIAL CIRCUIT

Born in Wentworth, New Hamp shire, in 1871, Mr. Clifford gives active allegiance to his native state. He is a graduate in law of Boston University and was admitted to practice in 1898 and appointed a Referee in Bankruptcy, January 1st, 1914, by U. S. District Judge Edgar Aldrich, and is the only Referee in the state. He is a member of the Commercial Law League of America and of the New Hampshire State Bar Association and former solicitor for Merrimack County and the city of Franklin and Justice of the Municipal Court and a former member of the Legislature and Constitutional Convention, Past Grand High Priest, Grand Chapter, R. A. M., and Secretary Republican State Committee. His home is in Franklin, N. H.

OSCAR W. EHRHORN SECOND JUDICIAL CIRCUIT

Referee Ehrhorn is a native of New York City, born in 1875, with an A.B. from the College of the City of New York, an A.M. from the School of Political Science of Columbia University and an LL.B. from its Law School. He was admitted to practice in 1898 and is a member of

the bar of the U. S. Supreme Court. He was appointed one of the Referees in Bankruptcy for the Boroughs of Manhattan and Bronx in 1924. Mr. Ehrhorn is a member of the American Bar and New York State Bar Associations and of other law organizations and various societies. His offices are at 280 Broadway, room 515.

FOREST G. MOORHEAD

THIRD JUCIDIAL CIRCUIT

Born in St. Petersburg, Clarion County, Pennsylvania, n 1873, Mr. Moorhead was educated in Allegheny College and Northwestern Law School, receiving his LL. B. in 1901, and was admitted to practice in Illinois that year, out returned to Pennsylvania in 1902. His law firm is Moorhead & Marshall. He was appointed Referee in Bankruptcy for Beaver County in 1908. He is a member of the American Bar and the Pennsylvania State Bar Associations. Mr. Moorhead has his offices in the Beaver Trust Building, Beaver, Pa.

RUSSELL G. NESBITT

FOURTH JUDICIAL CIRCUIT

Is a graduate of Washington and Lee University, A.B., ind of the Harvard Law School, LL.B. Was born in Wheeling, West Virginia, in 1898 and was admitted to practice in 1923, and appointed a Referee in Bankruptcy for the Sixth Division, Northern District of West Virginia, n 1925 by U. S. District Judge William E. Baker. He is a member of the West Virginia State Bar Association, and is an officer of the R.O.T.C. He is the junior member of the law firm of Nesbitt, Goodwin & Nesbitt and his offices are in the Riley Law Building, at Wheeling, W. Va.

MORGAN F. JONES

FIFTH JUDICIAL CIRCUIT

Oglethorpe, Georgia, is his birthplace, and 1886 the year. Was admitted to practice in 1910 and was appointed a Referee in Bankruptcy for the Jacksonville Division of he Southern District of Florida in September, 1918, by J. S. District Judge Rhydon M. Call. Is a Mason and Shriner and a member of the Florida State Bar Association nd has been a member of the City Council of Jacksonille. His offices are 305 Graham Building, Jacksonville, Fla.

PAUL H. KING

SIXTH JUDICIAL CIRCUIT

As a past president of this Association, and keenly inerested in its welfare, Referee King was retained on the directoriate as the member from his Circuit. Mr. King was born in Arapahoe, Nebraska, in 1879. For three years e was operating receiver of the Pere Marquette R. R. Was admitted to practice in 1905 and in 1919 was appointed a Referee in Bankruptcy for the Eastern District of Michigan. He is a member of the American, Michigan and Detroit Bar Associations and of the Commercial Law League of America, is an active Rotarian, a Mason, and

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THE QUARTERLY JOURNAL With this issue, this Journal is to be published quarterly, with October, January, April and July datings but to be mailed in each instance in the month immediately preceding its dating thus conforming to the methods used by magazines generally. With this frequency of issue a better service can be rendered and the interest in the organization sustained. The October and January issues will be devoted largely to the proceedings of the Annual Conference and the other issues will be given over chiefly to articles of interest to Referees in Bankruptcy. To make this quarterly a success it is essential that the Association have the co-operation of all its members and invites the aid of others interested. There are many incidents coming to the attention of members which if published will prove to be of interest to others. Referees are urged to prepare articles upon subjects incident to the administration of bankruptcy estates and the interpretation of the bankruptcy law, for publication. The Journal is issued chiefly for the benefit of Referees in Bankruptcy but is mailed to all United States Circuit and District Judges and to instructors in bankruptcy law in our various law schools, where an interest in the receipt of the Journal has been expressed. But there has been such a general interest in the Journal shown by lawyers that the directors have authorized the establishing of a subscription price to those who are not Referees in Bankruptcy or not otherwise receiving the Journal. Subscriptions will not be solicited but will be accepted from those interested.

THE CHICAGO CONFERENCE

The third annual Conference of Referees in Bankruptcy was held in Chicago the forepart of September under the auspices of this Association. The entertaining city was selected because of its central location, as it was inadvisable to attempt to hold this Conference in conjunction with the convention of the American Bar Association as was done in 1927 owing to distance. The selection of the Edgewater Beach Hotel as the convention hotel proved to be a most happy choice in every way. The setting of the hotel is ideal and every effort was put forth by the management to make for an enjoyable meeting. The Association was welcomed to the city by a representative of the Chicago Association of Commerce. And the Commercial Lawyers Association of Chicago very happily tendered a pleasant program at the closing evening meeting. The Association was fortunate in the attendance of United States District Judges Arthur J. Tuttle, of Detroit, and Walter C. Lindley of Danville, whose counsel was greatly appreciated. The annual dinner was addressed by Judge Lindley, Mr. Stephen I. Miller, the Executive Manager of the National Association of Credit Men, who attended in company with Major E. Paul Phillips, manager of the Eastern Division of that Association, Mr. E. B. Moran, manager of the Central Division, at Chicago, and Mr. J. F. O'Keefe, the secretary of the Chicago Association of Credit Men, and by Silas H. Strawn, the retiring president of the American Bar Association and Referee Friebolin. At the noon luncheon on Monday, presided over by Referee Parkin of Chicago, Judge Tuttle gave the address owing

to the inability of Judge Wilkerson to be present, and on Tuesday noon, Professor William O. Douglas, of the Law School of Yale University, was the speaker.

The session of the first day was devoted chiefly to the consideration of the business of the Association, including the reports of the committees on Ethics and Legislation. This latter committee suggested various amendments to the Act which were considered by the members present. Referee Ehrhorn, of New York, delivered an interesting address upon the subject of "Can we reduce legal administration cost?" The Tuesday session was devoted almost wholly to the consideration of the report of the committee on Uniformity of Practice which has been prepared under the leadership of Past president Paul H. King, its chairman. This committee had given consideration to this subject during the past year and the foundation of its report was the tabulation made by its several members from the returns to the questionnaire previously submitted. The committee met in session on the two days preceding the Conference and very carefully formulated its report. At this meeting they were assisted by the officers and other members of the Association. The report was given thorough consideration by the members present at the session the second day. The action of the Association is to submit during the coming year to Referees in Bankruptcy generally the recommendations of the organization as to legislation and uniformity of practice so that Referees may express themselves relative thereto. As to legislation it is not the thought of the Association that any amendments to the Bankruptcy Act will now be asked but it is the desire of this organization that the viewpoint of Referees shall be had so that when it is deemed advisable to seek further amendments to the Act that the voice of this Association may be heard. On the question of uniformity of practice, however, it is expected that it may be possible to adopt at the 1929 Conference a recommended Code of Procedure. When this is done it is believed that it will be of great benefit to Referees by presenting to them the results of the study of the Association on this subject with the idea that, if desired, Referees may adjust the practice in their several courts to the recommended code.

As was suggested by retiring President Adair the Conference at Detroit, in 1926, marked the organization of the Association; the conference at Buffalo, in 1927, adopted a Code of Ethics for Referees; and the Conference at Chicago, in 1928, made further advance in the consideration of a uniform code of procedure.

OUR RETIRING DIRECTORS

In the selection of officers for the coming year the mantle of president enwraps Referee James W. Persons of Buffalo, who has been active in the organization from its inception, and Referee Charles Theodore Greve, of Cincinnati, a veteran in service, was selected as vice-president, and Referee Herbert M. Bierce, of Winona, Minnesota, was again chosen as secretary-treasurer. Changes were made in the directorate of the organization in several instances. At this time due recognition and an expression of appreciation to those retiring from the directorate can well be made.

These include Referees Daniel W. Lincoln, of Worcester, Massachusetts, John T. Olmsted, of Harrisburg, Pennsylvania, E. Monroe Baker, of Dallas, Texas, Charles A. Burnett, of Lafayette, Indiana, and Stephen N. Blewett, of Stockton, California, each of whom has served for two years, and Referee Duncan Curry, of Staunton, Virginia, who served for one year. In each instance these directors have given considerable attention and effort to the acivities of the Association and their work is keenly appreciated.

DUES

For the purpose of furthering the efforts of the organication it is necessary that there be an established memberhip who will contribute annual dues. These are fixed at $10.00. At its Seattle convention, the American Bar Association increased its dues to $8.00. The dues of the Commercial Law League of America remain at $6.50, the amount o which they were increased a few years ago. The suggesion was made at the Chicago Conference that all Referees Bankruptcy should be considered as members of this Association and their co-operation asked. This is an ideal ituation which, unfortunately, cannot now prevail but it s hoped that all Referees in Bankruptcy will eventually ee their way clear to co-operate by becoming members and contributing toward the expenses of the organization. The Association has kept its disbursements within its ncome but its activities are limited by such income. Approximately fifty per cent of the Referees in Bankruptcy re members of the organization at present writing and a ery ready and happy response has been made to all ppeals for the payment of dues. Only a half dozen memers during the past year failed to remit for current dues nd but a single active Referee in Bankruptcy has resigned rom the membership of the Association since its organzation.

We believe that the Association is of value to all Refrees in Bankruptcy regardless of the amount of time which hey devote to that office or the number of references hich they receive annually. A study of the membership f the organization will show that it is diversified, repreenting all federal judicial circuits and most of the federal udicial districts, and includes Referees from the large ommercial centers as well as those from the smaller ommunities and, likewise, Referees who have very limited erritorial jurisdiction with but few references per year, nd those who have larger territorial jurisdiction with many references. The chief reason which has been given y Referees who are not members for not joining the ssociation is that they consider the office judicial in haracter and doubt the propriety of organizing. The nswer to that is two fold. Many Referees who take this osition as to the character of the office are members of he organization. And our Judges are organized in the udicial Section of the American Bar Association. Other easons given by members have to do with local conditions. Infortunately many Referees make no response whatsover to the appeals for co-operation. It is hoped that during he coming year there will be a large response to the efforts f the Association to enlist non-member Referees in the ork of the organization.

BAR HONORS TO REFEREES

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The North Dakota Bar Association selected Referee John H. Lewis, of Minot, as its president. The annual session was held at "Why Not" Minot,

at the same time as the annual Conference of this organization, which prevented Referee Lewis being present at Chicago. He attended the Detroit Conference. Mr. Lewis is a Vermonter by birth, with an A.M. and LL.B. from Harvard, but has been engaged in the practice of law in North Dakota since 1902. He was first appointed Referee in Bankruptcy in 1905 by U. S. District Judge Charles F. Amidon, and his jurisdiction includes ten counties. He is a member of the American Bar Association and of the Commercial Law League of America.

REFEREE JOHN H. LEWIS

Courtesy of Minneapolis Journal

Referees reelected as members of their State Councils of the American Bar Association are Henry K. Davis, of New York City, and C. W. Flesher, of Gassoway, West Virginia. Other Referees on such Councils are George P. Bondurant, Birmingham, Alabama; John Keogh, South Norwalk, Connecticut; and Ben H. Stone, Amarillo, Texas.

Referee Horace W. Roberts, of Mankato, Minnesota, is a new member of the Board of Governors of the Minnesota State Bar Association.

Among the vice presidents of the Montana Bar Association named at its recent annual session is Referee Leon L. Bulen, of Missoula, Mont.

SEEKS SENATORIAL POST

The Republican candidate for United States Senator from the Bay State is Referee B. Loring Young, of Boston, nominated at the recent primary. He is opposing the present Senator, David I. Walsh, Democrat.

REFEREE KREFT RETIRES

After a service as Referee in Bankruptcy in San Francisco since 1910 Referee Armand B. Kreft has retired and will resume the practice of law in his home city. Referee Kreft during his years of service gave practically all of his time to this work rarely taking a vacation. He was especially helpful to lawyers who appeared before him occasionally and were not familiar with bankruptcy practice and always made it a point to give everyone appearing before him full service. He handled many important cases.

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