Page:Federal Reporter, 1st Series, Volume 2.djvu/861

 '854 FEDERAL REPORTER. �or in the general principles of law governing the subjeet, pre- Bcribing that his account rendered to the creditors shall be under oath, or in any particular form, or that when it is ren- dered his vouchers shall accompany it. While the approval of the committee will be conelusive as to ail matters that are within the discretion of the trustee and committee, except in cases of bad faith, the approval of the committee cannot affector cure positively unlawful applications of the fund, nor inequality of distribution among creditors. In re Baxter, 19 N. B. E. 295. �That thia court bas authority, in proper cases, to eall the trustee to an account, is unquestionable; but I think it is equally clear that it can properly be done only/on a petition, by a creditor or other party in intei-est, setting forth the grounds on which the court is asked to intervene in the mat- ter, to which the trustee will bave an opportunity, by answer or otherwiae, to interpose objections before an order can properly be made against him. I think it clear that any other or more Bummary mode of proceeding against him would be inconsistent with his relations to the court and the creditors established by the statute. If such proceedings are taken, and an acoounting ordered, the powers of the court are ample to direct a personal examination of the trustee, under oath, and the production of ail books and papers neeessary to the full elucidation of his accounts. �But it folio ws from the views above expressed that the register had no power, on the mere application of creditors, to issue a summons for the examination of the trustee, or for the production by him of the books and papers mentioned in the summons. Section 6087 provides that the court may require the attendance of any person as a witness in a bank- ruptcy proceeding, either before the court or before a regis- ter; and, by section 5002, registers are vested with the same powers as the court for the summoning and examination of persons or witnesses, and for requiring the production of books, papers and documents. This summons was, no doubt, issued upon the theory that these sections still applied in this case notwithstanding the appointment of the trustee. ����