Mahlon Pitney

“ We find nothing in the provisions of the Bankruptcy Act that makes it necessary or reasonable to extend the authority and jurisdiction of the referee beyond the ordinary administrative proceedings in bankruptcy and such controversial matters as arise therein and are in effect a part thereof, or to extend the authority of the referee under the general reference so as to include jurisdiction over an independent and plenary suit such as the one under consideration. ”

“ Had the District Court sustained the jurisdiction and passed upon the merits the point would be well taken, as the court thereby would have determined a 'controversy arising in bankruptcy proceedings.' Hewit v. Berlin Machine Works, 194 U.S. 296, 300, 24 Sup. Ct. 690, 691 (48 L. Ed. 986) . But since the decision turned upon a mere question of law as to whether the referee had authority to hear and determine the controversy-in effect a question of procedure-it properly was reviewable by petition to revise under section 24b. Louisville Trust Co. ”

“ Upon his voluntary petition, filed in February, 1916, J. Herbert Weidhorn was adjudged a bankrupt, and the District Court referred the case to a referee under General Order XII (1) , 172 U.S. 657, 18 Sup. Ct. vi. ”