was brought to foreclose a mortgage on property in Arkansas, which property had come into the custody of a trustee in bankruptcy who challenged the jurisdiction of the court to proceed without his consent. On appeal, the trustee asked a stay of the enforcement of the judgment without being required to give a supersedeas bond, which the Court of Appeals denied. The issue is that no supersedeas is necessary and that any process which may issue to enforce the decree is a nullity pending appeal.

"PHILIP DRUNK, PHILIP SOBER"

The expression "I appeal from Philip drunk to Philip sober", now a classic and almost a legal maxim, was applied by U. S. District Judge William Clark of the District of New Jersey in passing upon a petition to review a decision of a Referee wherein the order of the Referee which held that the trustee in bankruptcy was entitled to the cash surrender value of certain life insurance policies was reversed. In re Pinals, bankrupt, 15 A.B.R. (ns) 646, 38 F. (2d) 117. In that proceeding Harold Remington of the New York Bar, an honorary member of this Association, appeared in behalf of the trustee. In citing as an authority for his holding the work of Mr. Remington on Bankruptcy, District Judge Clark said:

We do not believe that there are many members of the bar or of the bench who have not at one time or another consulted and/or quoted from Dillon on Municipal Corporations. We do not suppose that in doing so, more than a few were familiar with the remarkable facts of the distinguished author's career as a doctor of Medicine, United States circuit judge in the state of Iowa, and finally as leading authority in his chosen branch of the law. An even smaller number probably have heard this story related to the writer of this opinion by his father, a friend and neighbor of Judge Dillons'. In argument before the Supreme Court of the United States, the latter stated some proposition of law to the court. Instantly, opposing counsel was on his feet with a volume of the speaker's work in his hand and the quotation, "I appeal from Philip drunk to Philip sober." (It being understood, of course, that the intoxication referred to was mental, not physical).

The court feels that it can dispose of one of the issues in the case at bar the same way. With sincere admiration it compares the text-book on bankruptcy of counsel for the trustee (Mr. Remington) to that of Judge Dillon. We think that the exhaustive and accurate nature of the research shown in that ten-volume compendium makes it the first resort of lawyers and judges.

LAMB WOULD HANG BANKRUPTS Bankruptcies are by no means modern institutions sprung up to try the souls of credit managers. Bankrupts there were long before credit managers existed, before Adjustment Bureaus and Business Service had come into being to prevent many woeful failures and to salvage many losses. In the old days, nothing was expected of a bankrupt but that in his downfall he would bring ruin upon many unfortunate victims; and there was no organization to help or protect them.

Charles Lamb, that least worldly of humorists and most charitable of men, was once provoked by a bankruptcy, which involved his friend, William Hazlitt, into a denunciation of bankrupts that may, in an occasional moment of exasperation, find an echo in the hearts of some readers of the Credit Monthly. The following is an excerpt from Lamb's letter to his friend, the Quaker preacher and poet, Bernard Barton, December 9, 1829:

With such a load of dignified cares just removed from our shoulders, we can the more understand and pity the accession to yours, by the advancement to an Assigneeship. I will tell you honestly B. B. that it has long been my deliberate judgment, that all Bankrupts, of what denomination civil or religious whatever, ought to be hang'd. The pity of mankind has for ages run in a wrong channel, and has been diverted from poor Creditors (how many I have known sufferers! Hazlitt has just been defrauded of £100 by his Bookseller-friend's breaking) to scoundrel Debtors. I know all the topics, that distress may come upon an honest man without his fault, that the failure of one that he trusted was his calamity, etc., etc. Then let both be hang'd. O how careful it would make traders! These are my deliberate thoughts after many years' experience in matters of trade. What a world of trouble it would save you if Friend had been immediately hang'd, without benefit of clergy, which (being a Quaker I presume) he could not reasonably insist upon. Why, after slaving twelve months in your assign-business, you will be enabled to declare seven pence in the Pound in all human probability. B. B. he should be hanged. Trade will never

reflourish in this land till such a Law is established. Half the world's misery (Eden else) is owing to want of money, and all that want is owing to Bankrupts. I declare I would, if the State wanted Practitioners, turn Hangman myself, and should have great pleasure in hanging the first after my salutary law should be established.

From the Credit Monthly.

CIRCUIT JUDGE PAGE RETIRES

The resignation of Circuit Judge George T. Page, effective October 1st next, has been announced. Judge Page will be 71 years of age at the time of his retirement. He was born in Spring Bay, Woodford County, Illinois, September 22, 1859. His collegiate education was restricted to six months at the University of Illinois, and he studied law in the office of Page & Elwood, at Metamora. For a while he taught a country school. He was admitted to practice in 1882 and opened his office in Denver, but a few years later returned to Illinois and practiced at Peoria until 1919 when he was appointed U. S. Circuit Judge for the Seventh Circuit. He is a vice-president and director of the Merchants and Illinois National Bank, Peoria. Judge Page served as president of the Illinois State Bar Association in 1905 and of the American Bar Association, 1918-1919. He was a delegate to the Universal Congress of Lawyers and Jurists held in St. Louis in 1904.

ADDRESSES C.L.L.A. CONVENTION

Past president Paul H. King, Detroit, addressed the annual convention of the Commercial Law League of America, which convened at Mackinac Island on July 15th, on the subject of "Bankruptcy in Other Lands," giving an interesting discourse of his study of the salient features of foreign bankruptcy laws and of the bankruptcy court procedure as witnessed by him. The Tuesday afternoon and evening sessions of that convention were devoted to consideration of bankruptcy and the symposium Tuesday afternoon was presided over by Robert A. B. Cook, Boston, chairman of the Bankruptcy Committee of the League, and an honorary member of this Association. Referee Herbert M. Bierce, Winona, a member of the committee, participated in the discussion, considering especially suggested amendments increasing the authority of the Referee as a method of solving some of the problems presented in the expeditious administration of bankruptcy estates. Former Referee E. C. Brandenburg, Washington, discussed the 1926 amendments. Mr. Brandenburg, the author of a recognized text on bankruptcy, was elected vice-president of the League.

NEWSPAPER COMMENDATION

In these days when criticism of the present bankruptcy law is prone to be rife, this editorial comment of the Dennison, Texas, Herald, is trite:

Perhaps no law on the statute books is so universally misunderstood as the bankrupt law. Usually it is looked upon as a debt-dodger's subterfuge. On the contrary, it was never intended to release irrevocably the debts that a man owed. Its purpose was to save honest men from ruin, and thereby enable them to pay rather than evade their just obligations. It was meant as a means to give honorable debtors a chance to recoup their fortunes and beat back to solvency.

Thousands of business men have proven themselves worthy of protection the bankrupt act affords by utilizing what little they saved from the wreck and winning success on the salvage. Many thousands more of creditors have collected their bills after clean men have had their protection of the bankrupt law that enabled them to make sufficient money to cancel all of their financial obligations. It is not only an error but an injustice to brand the man as a moral bankrupt who takes advantage of this beneficient law.

The fact is the law stands on the very highest level of business ethics. It is one of the bulwarks of sound business economy. It is true that unprincipled men may use its advantages to defraud their creditors, and this possibility has resulted in shielding many debtors and fleecing many creditors. But the principle remains the same it is a beneficent law, and its beneficence is primarily for both debtor and creditor.

In our complex social and business life, no law in existence is utterly without its possiblities of injustice somewhere in its application. But it is unwise and unfair to condemn the bankrupt law of those who take advantage of it, even though sometimes it may be used as a shield to debt-dodgers. Its purpose is noble, and its working is entirely honorable and fair to all right-minded business men on both sides of the ledger - the creditor as well as the debtor. It gives the debtor a chance to recover, and the creditor a chance to collect a part of what is due him.

HON. LOYAL E. KNAPPEN

The death of United States Circuit Judge Loyal E. Knappen occurred at his home in Grand Rapids, Michigan, May 14 last. Although Judge Knappen retired in 1924, he continued to serve on the bench of the Circuit Court of Appeals for the Sixth Circuit until recently.

A biographical sketch of Judge Knappen was published in the July, 1929, issue of this Journal.

HON. CHARLES F. JOHNSON

The death of U. S. Circuit Judge Charles Fletcher Johnson occurred at Portland, Maine, February 14, 1930, on his birthday anniversary. Judge Johnson was born in Winslow, Maine, February 14, 1859, and received his A.B. at Bowdoin College in 1877, and was given a LL.D. by that college in 1911. After five years service as a high school principal, he was admitted to practice in 1886 and began practice at Waterville. He served as mayor of that city and was also a member of the Maine House of Representatives, and was three times the Democratic candidate for governor. He was elected United States Senator from his home state serving from 1911-17, when he was appointed U. S. Circuit Judge for the First Circuit by President Wilson. Judge Johnson was a delegate to the Democratic National Convention in 1904, 1912, and 1916. He was a 33rd degree Mason.

HON. WILLIAM LEE ESTES

U. S. District Judge William Lee Estes died at his home at Texarkana, Texas, on June 14th. He was stricken ill while holding court, adjournment of which was made necessary by his condition, and died shortly after his return home. He was born at Old Boston, Texas, in 1868 and received his law education at the University of Texas, and began practice at Texarkana. He was appointed U. S. District Judge for the Eastern District of Texas in 1920. He was a Mason and an Elk and a member of the Kappa Sigma fraternity.

HON. CHARLES H. CROWNHART

Justice Charles H. Crownhart, aged sixty-seven, a member of the Supreme Court of Wisconsin since 1922, died May 2, 1930. He was appointed to the Supreme Bench by Governor (now Senator) John J. Blaine, and a year later elected for a ten-year term without opposition. He held the degree of LL.D. from Marquette University of Milwaukee. Prior to his appointment to the Supreme Bench he had served as district attorney, a member of the first Industrial Commission, a revisor of the state statutes, and a member of the Wisconsin Board of Regents of the Normal Schools. He was widely known because of his liberal views.

Joseph B. Moore, retired justice of the Michigan Supreme Court, died last March, aged 84. During his more than twenty-five years of service, he wrote over 2,000 opinions.

His territory comprised eleven of the seventeen counties in that state. His wife died several years ago. Mr. Poujade was also for a time state librarian, adjutant general and mayor of Carson City, and was a member of the B.P.O.E., of the American Bar Association, of the Nevada State Bar Association and of this Association.

Referee Poujade left a will executed in 1928 consisting of but six lines wherein he directed that all of his property be given to the State of Nevada, naming the Attorneygeneral of that state as executor. He had previously stated that the state of Nevada had been good to him and that he intended to repay the state as far as possible at the time of his death.

CHARLES T. LASSITER

Referee Charles T. Lassiter, Petersburg, Virginia, died last March. He was born January 30, 1870, was educated at the University School of Capt. W. Gordon McCabe in Petersburg and in 1888 was sent abroad by his father to study languages and to attend lectures in Roman law at Ecolo d' Etroit, Paris, and at the University of Goettingern. He was graduated from the University of Virginia Law School in 1892 and later served two terms as Commonwealth's Attorney. He was a Second Lieutenant in the Spanish-American War and also served in the Virginia House of Delegates. Recently he was elected by the Virginia legislature as Judge of the Corporation court of Petersburg. He was a Referee in Bankruptcy for several years and a member of the American Bar Association.

JOHN T. WILKINS, 3rd

The death of Referee John T. Wilkins, 3rd, of Eastville, Virginia, occurred recently. Mr. Wilkins was born in 1880 and admitted to practice in 1902.

J. POUJADE

The death of Referee in Bankruptcy J. Poujade, Carson City, Nevada, occurred April 24, 1930, at a hospital at San Francisco where he had been ill for some time. Referee Poujade was closely connected with the development of the state of Nevada since 1880. He was born in Marion County, Oregon, October 6, 1852, and was admitted to practice in 1887, having moved to Nevada sometime prior thereto with his parents. He was elected state senator in 1884 serving one year as president pro tem, served in the assembly in 1889 and in 1890 was elected Lieutenantgovernor, serving four years. In 1894 he was a candidate for District Judge for the fourth Judicial District in that state but was defeated. After serving as Lieutenant-governor he made his home in Carson City, engaging in the general practice of law and was appointed a Referee in Bankruptcy in 1906 by the late U. S. District Judge T. P. Hawley.

The death of Even B. Goss, former Justice of the Supreme Court of North Dakota, occurred in California in March. He was graduated from the University of Michigan with a LL.M. and was elected to the Supreme Bench of North Dakota in 1910 after serving as District Judge.

Justice Samuel Kalisch, oldest member of the New Jersey Supreme Court, died on April 29, at the age of seventynine. Justice Kalisch had sat on the Supreme Court bench for nineteen years. He was first appointed in 1911 by Governor Woodrow Wilson.

The death of Patricia Ann Dunham, grand daughter of Referee B. H. Dunham, Omaha, in a hospital in that city, following an operation, occurred April 18.