In re Wilde's Sons

HOLT, District Judge.

This motion involves the question whether a referee in bankruptcy has any power to exclude evidence. As I understand it, an officer appointed to simply take testimony for the use of the court — as, for instance, an examiner in an equity suit — has no jurisdiction to exclude or pass upon testimony. Unless the parties refer any question of the admission of testimony to the court, he is obliged to take all that is offered. But I think that whenever any officer is appointed whose duty it is to take evidence, and. also to exercise any judicial duty in regard to it — as to…