Samuel Freeman Miller

“ The court by order is to direct all acts and things needful to be done to carry into effect the resolution of the creditors, and the winding up and settlement of any estate under the provision of this section shall be deemed to be proceedings in bankruptcy, and the trustees shall have all the rights and powers of assignees in bankruptcy. It further provides that the court may compel the production of witnesses, books, and papers before the trustees, in the same manner as in other cases of bankruptcy, and that the bankrupt shall in like manner be entitled to his discharge. ”

“ It only remains to inquire if it was absolutely void for want of jurisdiction of the district court to make it. It is strenuously argued that when the estate of the bankrupt passes to the trustees appointed under the provisions of section 5103 of the Revised Statutes, the power of the district court as a court of bankruptcy over them and over their proceedings ceases, and that they become invested with a judicial function which is amenable to no other court. ”

“ That was a stronger case than this in favor of the argument that a composition was a proceeding which took the case out of the other provisions of the bankrupt law, for the statute which authorized it was passed long after the general law and after the revision. ”