In re Kerber

J. B. McPHERSON, District Judge.

This is a proceeding to punish a witness for contempt in not obeying a subpoena to appear before a referee at a meeting held in this city. When service was made upon the witness, who also resides in Philadelphia, there was no payment or tender of expenses and fees, and this is set up as a defense to the pending rule. I think the defense must prevail. Section 41 of Bankr. Act July 1, 1898, c. 541, 30 Stat. 556 [U. S. Comp. St. 1901, p. 3437] provides, inter alia, “that no person shall be required to attend as a witness before a referee at a place outside of the…