Plass

On December 8,1931, the court below dismissed the appellant's petition for an adjudication of voluntary bankruptcy.

On January 7, 1932, this court granted a petition for appeal in the instant case.

On February 11, 1932, the President of the United States signed an act of Congress, excluding- from the operation of the Bankruptcy Act building and loan associations. The pertinent section of the act, as amended, now reads as follows: “Sec. 4. Who may become bankrupts, (a) Any person, except a municipal, railroad, insurance, or banking corporation, or a building and loan association, shall be entitled to the benefits of this act as a voluntary bankrupt.” 31 USCA § 22.

We have italicized the new portion of the section.

On February 25, 1932, attorneys for the appellees herein filed in this court, together , with duo notice thereof, a jnotion to dismiss the appeal for lack of jurisdiction.

The sole question necessary to he considered, under our view of the ease, is whether or not the amendment referred to has caused this court and the court below to lose jurisdiction over the alleged bankrupt.

In Lewis’ Sutherland Statutory Construction, Second Edition, § 285, pages 550 - 551, there…