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s. Said commissioners, before they proceed to act, shall execute a joint bond to the United States, with good sureties, in the penal sum of one hundred thousand dollars, conditioned for the faithful discharge of their duties as commissioners aforesaid, and shall take an oath to faithfully and honestly perform their duties as such, which bonds shall be executed in presence of the Secretary of the Treasury, be approved by him, and by him safely kept; and whenever said trustees shall file with the Secretary of the Treasury a certified copy of the order appointing said commissioners, and they shall have executed the bonds and taken the oath aforesaid, then said commissioners shall be invested with the legal title to all of said property of said company, for the purposes of this act, and shall have full power and authority to sell the same, and make deeds of conveyance to any and all of the real estate sold by them to the purchasers. Said commissioners may employ such agents as are necessary to assist them in closing up said company, and pay them a reasonable compensation for their services out of the funds of said company; and the said commissioners shall retain out of said funds a reasonable compensation for their trouble, to be fixed by the Secretary of the Treasury and the Comptroller of the Currency, and not exceeding three thousand dollars each per annum. Said commissioners shall deposit all sums collected by them in the Treasury of the United States until they make a pro rata distribution of the same." There are several legal questions that history would like to ask. 1. Did not the trustees of the Freedman's Savings Bank and Trust Company violate their charter in establishing branch banks? 2. Were not the trustees personally liable for receiving deposits from persons who were neither "heretofore held in slavery" nor the descendants of such persons? 3. Were not persons "heretofore held in slavery" and "their descendants" preferred creditors? 4. Had Congress the authority to go outside of the Federal bankruptcy laws and create such special machinery for the settlement of a collapsed bank? This matter may come before Congress in a new shape some time in the future. The three commissioners, at a salary of $3,000 per annum, were charged with the settlement of the affairs of the bank. They were Jn
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