Pierce Butler

“ Within four months after commencement of the first suit, the company filed its petition in the United States District Court, submitting a plan of reorganization. The court found the petition to have been presented in good faith, approved it as properly filed, appointed Donoghue trustee of the debtor, directed him to take possession of its property, ordered that all persons having property of the debtor deliver it to him, and issued in usual form a restraining order preventing interference with his possession or control. ”

“ Forfeiture of unlawful oil under Texas law is a penalty imposed to vindicate the State's policy of conservation. Champlin Refining Co. v. Corporation Commission, 286 U.S. 210, 240, 241, 52 S.Ct. 559, 567, 76 L.Ed. 1062, 86 A.L.R. 403. The bankruptcy court exercises jurisdiction under sovereignty that is independent of and foreign to that of Texas. Moore v. Mitchell, 281 U.S. 18, 23, 50 S.Ct. 175, 74 L.Ed. 673. It is without power to enforce penalties imposed by the State for violation of its laws. ”

“ The statute does not mean that without the aid of any judgment title is transferred at once on the commission of the offense. The judgment is to be in rem and imports control over the res. Pennoyer v. ”