treated as tentative, Re WenatcheeStratford Orchard Co., 205 Fed. 964; Re Knox, C. C. A., 221 Fed. 36. It has been held that, where a creditor of a bankrupt is a debtor to the estate for an amount equal to his claim, he cannot vote until he has made his indebtedness good, Re Duryea Power Co., 159 Fed. 783. No one can cast a vote of a creditor without a written proxy, Re Blankfein, 97 Fed. 191; Re Eagles, 99 Fed. 695; Re Richards, 103 Fed. 849; even if he be an attorney at law who has appeared generally for him in the proceedings, Re Blankfein, 97 Fed. 191; Re Scully, 108 Fed. 372; Re Capitol Trading Co., 229 Fed. 806. It has been held that a proxy may be acknowledged before a justice of the peace, Re Roy, 185 Fed. 551; or a foreign consul; but not before the person who receives it, although he is a public officer otherwise qualified, Re Grossman, 225 Fed. 1020. An internal revenue stamp under the act of Oct. 22, 1914, (ch. 331, § 5, 38 St. at L. 753), to be affixed thereto, Re Capitol Trading Co., 229 Fed. 806, 807; that it may contain a power of substitution; and that when given to three or to anyone or more of them, its acknowledgment before one of the three does not invalidate its appointment of the other two. Re Sugenheimer, 91 Fed. 744. An attorney who had previously been guilty of improper conduct in connection with the proceedings and represented conflicting interests was not allowed to act as a proxy and the votes which he cast were not received, Re Forestier, 222 Fed. 537. The holders of proxies

who were not allowed to vote should not be counted as present at the election, Re Kaufman, 179 Fed. 552. Votes cast for a candidate that is disqualified are not to be disregarded so as to give the election to one who has less than a majority of the votes, Re Machin, 128 Fed. 315, but the holders of proxies, which have not been duly executed, are not to be counted, Re Henschel, C. C. A., 113 Fed. 443, 7 Am. B. R. 662. When objections to a proxy are not verified, they may be disregarded, Re Syracuse Paper & Pulp Co., 164 Fed. 275. It has been held that where the holders of proxies were not allowed to vote and the votes cast and counted are less than a majority, the referee should give those whose votes were excluded an opportunity to appoint a new proxy and should adjourn the election for that purpose, Re Kaufman, 179 Fed. 552. But see Re Goldstein, 199 Fed. 665; Re E. A. Walker & Co., 204 Fed. 132.

6 The words "secured creditor" include a creditor who has security for his debt upon the property of the bankrupt of a nature to be assignable under this act, or who owns such a debt for which some indorser, surety, or other person secondarily liable for the bankrupt, has such security upon the bankrupt's assets, 30 St. at L. 544, 545, § 1. The holder of a mechanic's lien is thus secured, Re Ferrand, 263 Fed. 908. It has been held that the holder of a note made by the bankrupt is not secured within the meaning of the Act, when he holds collateral given

8

by an endorser, Re Pan-American Match Co., 242 Fed. 995. The disqualification applies to all creditors, meetings including those held after a trustee has been elected. Merchants' National Bank of San Fran cisco V. Continental Building & Loan Ass'n, C. C. A., 232 Fed. 829. Upon the election of a trustee, a secured creditor may surrender his security and vote as if his claim was unsecured; but otherwise his vote is only good for the amount of the excess of his claim over the value of his security as found by the court, or perhaps as found by the referee, Re Eagles, 99 Fed. 695. The claimant and the objecting creditors are entitled to a hearing and to offer testimony on the question, Re Columbia Iron Works, 142 Fed. 234. If objections are made to a claim on the ground that it is preferred, the claimant cannot be allowed to vote until that question is decided, Re Malino, 118 Fed. 368; Re Columbia Iron Works, 142 Fed. 234.

730 St. at L. 544, 560, § 56. A relative of the bankrupt, when a creditor, may vote, Re Rothleder, 232 Fed. 398; but the vote of the bankrupt's wife was rejected when

it would have decided the election, Re Ballantine, 232 Fed. 271. Votes have been rejected because their holders were parties to an improper combination to control the election, Re Forestier, 222 Fed. 537; Re Stowe, 235 Fed. 463. But the safer practice is to receive votes challenged for such a reason, and to reconsider the question upon a subsequent application to set aside the election. Falter v. Reinhard, 104 Fed. 292; Re Parsons Mfg. Co., 247 Fed. 126. See Re Rothleder, 232 Fed. 398. The referee need not decide the validity of the claim when his decision would not affect the result. Re Rosenfeld-Goldman Co., 228 Fed. 921. Where claims have been assigned, the assignee is counted as a single creditor, Re Messengill, 113 Fed. 366.

8 An adjourned meeting of the creditors is considered as a continuance of the original meeting and not a separate one, Re Eagles, 99 Fed. 695.

9 30 St. at L. 544, 557, § 44. The referee may make such an appointment, Re Knox, C. C. A., 221 Fed. 36. Upon the bankruptcy of a partnership separate trustees may be appointed for the partnership

estate and for the estates of the different partners although this is usually not advisable, Re Wood, C. C. A., 246 Fed. 246. Re Currie, 197 Fed. 1012. Contra Re Coe, 154 Fed. 152. The appointment may be made when the failure to elect is because of delay in the determination of objections to a majority of the claims, Re Knox, C. C. A., 221 Fed. 36. It has been held: that a temporary trustee may be appointed pending the decision of a dispute as to the validity of certain votes, Re Rochester Sanitarium & Baths Co., C. C. A., 222 Fed. 22. When there is no election or the choice of the creditors is disapproved, and it appears that the majority are not likely to agree upon another candidate the referee appoints the trustee. Appointments have been sustained when there was immediate need of action by a trustee, and af ter two sessions of a creditors' meeting, upon successive days, there was a failure to obtain a majority for any one; Re Kuffier, 97 Fed. 187. Where, at a meeting of creditors called for the election of a trustee a majority in number were represented by the attorney of record for the bankrupt and by a student in his office; Re Morris, 154 Fed. 211, and where, at the first creditors' meeting, there was no request that an election be had nor a nomination of any candidate. Re

Brooke, 100 Fed. 432. That it is not improper for the referee to appoint one of those for whom votes were cast at the election, Re F. & D. Co., C. C. A., 242 Fed. 69, reversing 237 Fed. 895. That no trustee should be appointed until after an adjudication of bankruptcy, Vulcan Sheet Metal Co. v. North Platte Val. Irr. Co., 220 Fed. 106; Re Forestier, 222 Fed. 537; Re Parsons Mfg. Co., 247 Fed. 126; Re Snow, 248 Fed. 295; Re Eisenberg, 251 Fed. 427. Where a trustee elected by the creditors is disapproved by the court, or declines to act, or fails to qualify, a vacancy arises which must be filled by a new election if practicable, Re Lewensohn, 98 Fed. 576; Re Margolies, 191 Fed. 369; Re Van de Mark, 175 Fed. 287. When, at a meeting of creditors, objections are made to the person elected as trustee and the referee takes them under advisement, the meeting should be adjourned for a new election in case the objections are sustained and the appointment disapproved, Re Lewensohn; 98 Fed. 576. Since the referee has no power to remove a trustee, his order appointing a new incumbent to the office and directing the one originally appointed to turn over the assets to the latter is ineffectual. Re Berree & Wolf, 185 Fed. 224.

10 General Order XV; Re Smith, 93 Fed. 791. "No official trustee

shall be appointed by the court, nor any general trustee to act in classes of cases."' General Order XIV. 11 General Order XVI.

12 General Order XIII. See Re Sitting, 182 Fed. 917; Re L. W. Day & Co., C. C. A., 178 Fed. 545; Re Van de Mark, 175 Fed. 287. The proper practice is for the party aggrieved to file a petition of review, Re Arti-Stain Co., 216 Fed. 942.

This may be filed by a creditor, Re Parsons Mfg. Co., 247 Fed. 126; but not by a defeated candidate who is not a creditor. Re Grossman, 225 Fed. 1020. The District Court will ordinarily not set aside the decision of the referee upon such a question, Re RosenfeldGoldman Co., 228 Fed. 921. The Circuit Court of Appeals will rarely set aside an order of the District Court approving the decision of the referee in this respect, M. C. Kiser Co. v. Georgia Cotton Oil Co., C. C. A., 208 Fed. 548. The referee cannot exercise his discretion arbitrarily, Re Merritt Const. Co., C. C. A., 219 Fed. 555; Wilson v. Continental Building & Loan Ass'n, C. C. A., 232 Fed. 824. If the election of the trustee was procured by the influence of the bankrupt, it will be set aside, Re Kaufman, 179 Fed. 552; Re Ployd, 183 Fed. 791; Re Sitting,

182 Fed. 917; in all of which proxies were cast by attorneys for the bankrupt; Re Van de Mark, 175 Fed. 287; Falter v. Reinhard, 104 Fed. 292; s. c., as Re McGill, C. C. A., 106 Fed. 57. Ordinarily an election will be set aside when the result was obtained through the active efforts of the bankrupt. Re Rothleder, 232 Fed. 98. It was held that a referee properly refused to approve the election of the assignee in insolvency of the bankrupt and of such assignee's attorney. Re Keller, C. C. A., 192 Fed. 830. At a creditors' meeting an attorney, who formerly represented the bankrupt, may be asked by any creditor whether any claims which he wishes to vote upon have been assigned in the interest of the bankrupt. If he refuses to answer, the referee may compel an answer, or else the election may be set aside. Re Dayville Woolen Co., 114 Fed. 674. It has been held, however, that the attorney for the bankrupt may be allowed to vote upon a proxy that comes to him unsolicited. Where a debtor stated, at a meeting of his creditors: that he intended to file a petition in bankruptcy; that if a person, whom he nominated, could be elected trustee, he believed that his debts would be