Co., (Limited,) Bankrupt.
(District Oburt, N. D. New York.
ASSIGNEE IN BANKRUPTCy-COMPENSATION.
Under the circumstances of this case the additional compensation asked by the assignee cannot be allowed unless the consent of the creditors is .first obtained.
In Bankruptcy. William H. Shepard, for petitioner. COXE, J. I do not think the court would be justified in making an addiVonal allowance to the assignee upon the facts disclosed in the petition. Nothing is shown which particularly distinguishes this case from others of like magnitude. Wherever an extensive business has been suspended by the operation of the bankrupt act, the assignee is compelled and required to give much time and attention to the collection of the assets and the winding up of the estate. The case is not, however, for these reasons a "special" one, "requiring great care and exertion on the part of the assignee," within the provisions of general order No. 30, as amended. Before entering upon his trust the assignee knew, or might easily have ascertained, generally at least, what his duties were to be-what was required of him to administer pi'operly the estate. He could then have refused to qualify, but instead of this, knowing precisely what compensation the statute allowed, he accepted. That he has done his duty thoroughly and well sflems to be sufficiently established; but this the law and good conscience required of him, and he is not entitled to extra compensation for that reason. I am aware of no precedent in this district for an additional allowance where nothing more is shown than is developed here. The application must, therefore, be denied; but if, at the approaching meeting, the creditors desire to give an additional allowance to the assignee, not exceeding 3f per cent. of the entire amount collected, they may express that wish by a vote of three·fourths in number and amount of those' who have proved their debts. This application may then be renewed, upon a certificate of the register setting forth the action of tht3 creditors, together with his approval thereof.
VNITED STATES V. WADDELL.
UNITED STATES 'V. WADDELL
aQurt, E. D. Arkan8a8.
April Term, 1883.)
SETTLERS ON PUBLIC LANDil-CONBPIRACY TO INTIMIDATE..,..CRDlE UNDER SEC-
5508, REV. ST. During the period that a settler on public land$ is required by the law$ of the United States to re$ide upon the land in order to perfect hi$ title thereto, he i$ in the enjoyment of a right guarantied to him by tho$e laws, and a conspiracy to deprive him of that right is a conspiracy to deprive him of a right guarantied by the constitution and laws of the United States, and a crime under section 5508 of the Revised Statutes.
On Demurrer to the Information. Charles C. Waters, U. S. Atty., for plaintiff. Joseph W. Martin, for defendants. Before MCCRARY and CALDWELL, JJ. MOORARY, J. This is a criminal information, filed by the United States attorney, charging an offense under section 5508 of the Revised Statutes of the United States. The information contains three counts. The first count charges"That Burrell Lindsay, a citizen of the United States of America, on the thirtieth day of December, 1882, at the United States land-office in Little Rock, Arkansas, made homestead entry of the follOWing-described tract of land belonging to the United Stat8$in the county of Van Buren, and eastern district of Arkansas, to-wit, the S. W. fractional of section 26 S., township 9 N., range 13 W., and that thereafter, on the tenth day of January, 1883, the said },3urreli Lindsay, citizen of the United States as aforesaid, was residing upon and cUltivating said tract of land as aforesaid, for the ptirpose of protecting his right to the same, under the laws of the United States, as a homesteader, in good faith, his right to a patent from the United States to such land not yet hav;' _Ilg accrued, and that David Waddell, Samuel McDaniel, James Holland, R. M. Evans, Joel Hubband, and Benjamin F. Palmer, being persons of evil minds and dispositions, together with diver8 eV11-disposed persolls whose names are to the said United States attorney unknown, on the said tenth day of January, 1883, at the eastern district of Arkansas, did conspire to injure, oppress, threaten, and intimidate the said Burrell Lindsay, citizen of the United states as aforesaid, in the free exercise and enjoyment of certain rights and privileges secured to him by the constitution and laws of the United States, and because of his having exercised the same, to-wit, the right and privilege to make said homestead entry on lands of the United States as aforesaid. and upon, cultivate, and improve said homestead the right and priVilege to entry, aTIll the right to mature title to himself to said homestead entry; said rights and privileges being dUly conferred upon him,the said Burrell Lindsay, citizen of the United States as aforesaid, by the constitution and laws ot the and in particular by .sections 2289, 2291, Revised Stat-