Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-11-14
HEAVY, IF NOT SATISFACTORY.
The Memphis Press saws: I q


-19211G- H. - a 1--1A--
HEAVY, IF NOT SATISFACTORY.
The Memphis Press says:
The UNION AND AMERICAN, of yester-
day, has an article of two columns, solid
minion, and "to be continued" setting forth
the advantages of NASHVILLE as an educa-
tional point" in which all objections are ex-
planned away, except the atmospheric" one
of the Appeal. Withoutthis is done in the
'conehIsion,n no parent will for moUent
entertain the i,lea of sIlbjecting a child to
that demoralizing atmosphere, WHICH has
had so baneful an effect on that Hitherto
patriotic statesman, John C,Browp.
.stne THE RAILROAD FEES.
We have obtained as fully as we could
the facts inrelatian TOT the seventy-two State
bonds alleged to have been appropriated to
pay the fees of the attorneys of the State in
the delinquent railroad cases. We find that
there has been no order of the Chancellor
decreeing the amount of the fees to which
theatteneys are entitled; but, on the con-
trary, we learn unoffcially that the Chan
'cellor has declined to act in the premises,
regarding the State as neither a minor,
lunatic nor a fene coUert, but SUI .jlTis and
fully able to contract. The Chancellor did,
upon application of the attorneys, make an
order authorizing. the Clerk and Master to
take proof and report as to what would be
reasonable fees for the attorneys. The fol-
lowing is the decree and proof taken by the
attorneys for the State:
State OF Tennessee VS.. the Edgefield and Ken
lucky Railroad Company and others.
In this case, upon motion, it is referred to
the Clerk and Master 20 take proof, aScer-
tain and report what would be a reasonable
compensation TO each of the counsel of the
State, E. H. Ewing w. f. Cooper and w.
B. Reese, for professional services in this
case heretofore or hereafter to be rendered
and as counsel for the State in the matter of
the delinquent railroads under the general
retainer by the States Commissioners. He
wiIl'repoHt the amount of such compensa-
ton in money and also in State bonds, and
make his report TO this term of the court.
The State of Tennessee vs.. the Edgefeld and
Kentucky Railroad Company, ct ais.
2 ? Dispositions of James E. Bailey, John F.
House, VIM. Quarles, taken by the Clerk
Question 1. Please state if you acted as a
Solicitor in the case of Ne State of Tennes-
see vs.. the Edgetield and Kentucky Rail
road and others. If so, state for whom you
acted, and if you are familiar with the
.character and extent of the litigation in
said cause, and the amount involved.
CUES. 2. Please state what would be a
reasonable compensation TO each of the
counsel of the State, Z. ii. Ewing, w. +.
Cooper and W. D. Reese, for professional
services in said case heretofore and here
after to be rendered, and as counsel for the
State in the matter of the delinquent Rail
roads under the general retainer by the
States Commissioners.
James Z. Bailey sworn, deposes as fol-
lows: .l.lg-- L--...
To the first interrOgatOry witness answers:
was one Of the Solicitors for the Mem
phis, GAINESVILLE and Louisville Railroad
Company, one of the defendants to the suit
mentioned, and was familiar with the char
acter and extent of the litigation, and the
amount involved in the whole case.
fl, To the second. interrogatory witness an
swers:
am of opinion that fee of fifteen thou
sand dollars to each Of the Solicitors en-
ployed by the State of Tennessee, would be
a reasonable fee to be paid to them for their
services in that case. 1t is only necessary
to refer to the pleadings to show the magni-
tude of the sum involved, and the difficult
ties and niceties of the questions presented;
but the record does not show that the cause
was managed, at least in those parts with
which was familiar, with great ability, tact
and Judgment. J. Z. BAILEY.
Sworn to and subscribed before me, Oct.
%, 1871. Polk G. JOHNSON, c. and NJ.
q Jno. F. House being duly sworn deposes
and says:
--lAnswer to first inteTogatory:
| did act as one of the Solicitors of the
Memphis, GAINESVILLE and Louisville Rail
road Company, IN the case of the State vs..
Edgefeld and Kentucky Railroad ct ais,
in Chancery Court at Nashville. The
amount involved was very large--the largest
l suppose ever involved in any case in Ten
nessee. cannot state the amount precise
", but it reached millions. | am familiar
whit character and extent Of the ser
vices rendered by MessIs. Ewing, Cooper
and Reese as counsel for the State. l think
they discharged the complicated and respOn-
sible trusts committed TO their hands, with
great Judgment and ability. / have not the
least hesitation in stating that a fee of fiji
teen thousand dollars to each Of the coun-
their services, past and prospective, in said
cause or causes. JNO. F. HOUSE.
Sworn to and subscribed before me, Oct.
%, 1871. Polk G. JOHNSON, c. and NJ
W. A. Quarles being duly sworn, deposes
and says:
Answer to first interTogatOry:
was also of counsel for the Memphis.
Clarksville and Louisville Railroad COmpa-
ny, and had the same opportunity of est
mating the services of Messrs. Ewing
Cooper and Reese as my co-attorneys
Bailey and House, and adopt the deposition
of Mr.. House above written as my own il
the case, with the addition, that / thinb
twenty thousand would be nearer right than
the fifteen, as he has it.
W. A. QUARLEs.
. Sworn to and subscribed before me, this
23d October, 1871.
w. A. FORBES, D. c. and NJ.
In the case of the State of Tennessee vs.
Edgefield and Kentucky Railroad Company
and others, was one of the counsel for Da-
wilson county, a stockholder in the Edge
field and Kentucky Railroad Company ant
Nashville and Northwestern Railroad Com
pany. The amounts involved were large
and the cause was managed with great skill
and ability by the counsel for the State, and
l am OF OPINION that n1Jy Thousand collars
would be a reasonable feetO Messrs. Ewing
Cooper and Reese, to be divided between
them as they may deem proper.
Oct. %, 1871. EXP ADRIAN L. DEMOSS.
l concur with Mr.. DemOSs.
rtrFEr..~ EFf ED BANTER.
concur with MesSTs. DemOss and BaX
ter. ....- FRANK T.. WILLIAMS.
l concur with Messrs. DemOsS, Baxter
and Williams TUOS II MALONE
Sworn to and subscribed before me this
Oct. ~, 1871.
NATHANIEL BANTER, JE.,
Clerk and Master.
have read the foregoing statements. anC
have aUtl entic information of amounts in
vOlyed, and have some knowledge of the
difficulties of the settlements and The abilit,
displayed by the States solicitors, and fiji
teen thousand (Sl5,00O) dollars would be 3
most reasonable fee to be allowed each of thu
above named solicitors, to-wit: Messrs
Cooper, Ewing and Reese, to be paid il
United States Treasury notes.
E. B. MCCLANAHAN.
Sworn TO before me this Oct. "a, 1871.
H #" n. BANTER, JR