Harlan F. Stone

“ Trustees in bankruptcy are public officers and officers of a court, and the officers of a court, like public officers generally must show clear warrant of law before compensation will be owing to them for the performance of their public duties. ”

“ It is the judge in the reorganization proceeding who is to order payment of such reasonable administrative expenses and allowances in the prior proceeding as may be fixed by the court appointing the 'prior trustee.' Plainly the word 'reasonable' seems designed, by qualifying the action of the judge ordering the payment, to enable him to require tha allowances, which the statute permits the prior judge to fix, shall not exceed the limit of reasonableness. ”

“ It is the contention of petitioners that section 77B (i) , when bankruptcy is superseded by reorganization, authorizes the bankruptcy court to fix reasonable allowances for trustee's services, unrestricted by section 48 or other provision of the Bankruptcy Act, and that it requires payment of the allowances thus fixed except that the reorganization court may reduce them if it finds them excessive. ”