The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-01-25
r HE COUR T S.
The Case OF the Steamer Norwalk-Charge Of
Smuggling Diamonds Alleged hefs Of Let
ters from the Post OfRce-h Libel Suit
The pcruv. an IA oni tors Case Decisions.
UNITED STATES SUPREME COURT.

The Texas Indemnity Bonds Cnscs-A Law
yer,s Riaht Established Ia Keep Ills Fees
Ont Of Moneys Rcc0vered-ffiehly ssatis-
factory Decision for tie Legal Profession.
WASHINGTON, Jan. "A, 1871.
In the Supreme Court Of the United States Mr..
Justice Bradley delivered the unanimous opinion Of
the Court in the matter of the two rules OF Texas
against George w. Paschal The PRINCIPLES involved
are of great Importance to the bar and the concu.
sion reached gave universal satisfaction 10 the coun
sellers present. Mr.. Justice Bradley gave succinct
history OF the whole cases.
When the rebellion commenced Texas was In pos
session Of seven hundred Thousand dollars OF bonds
called the Texas Indemnity Bonds. These were UNI
endorsedLhy any Governor Of Texas But the Mill
tary Board OF that State took possession Of
the bonds and placed them III the hands OF different
agents, who negotiated half million Of them In
Europe ana New York ana other places Provisional
Governor Hamilton In 1866 employed Judge Paschal
10 prosecute the right OF the state TO these bonds
ana he commenced splt In Texas against White
and Onies, but not being able 70 act service, Pascha
leit his hone in Texas, where his practice was then
lucrative ana removed his operations to Washing
ton. BY elaborate argument before the Treasury
Department ne arrested the payments until suits
could be commenced Ia this ana other courts These
suits had been prosecuted by the respondent with
eatability. Upon one OF The suits he had received
SAT- $685. but he had discussed for the State for costs
and to other counsel employed by Governor 1hrock-
morton sl$sSS 5o u.s. LEAVING a., balance IN h,s
Pascnal to SHOW cause why he snonid
not pay the whole s47325 into court.
Against this rule Paschal showed ros cause his sew
eral years OF services IN prosecuting the rights of the
State for the $780, ooo his suecess IN establishing the
precedents, and the fact that at the time Governor
DAVIS interfered he was bringing to o close sue.
cessfu negotiation for the settlement with Peabody
& Co. aud Droeee n Co. by which the State would
prosecuting upon fec OF twenty-five per cent. In
The case against White aud Chiles Governor pease
had written, 81 shall feel authorized to let you re-
lected." Paschal also showed that the State
Is indebted to him, in the sum Of si7,557
had reported and published as the reporter
Of the Supreme Court, and for which Governor
NAMED IN Paschars hands, applicable to his charges
for ices, balance OF ia 1913 C2, and against this
In the District and Supreme Courts OF Texas. as
well as his fees and commissions for prosecuting the
claim OF Texas Tor over hall million dollars. The
Fvst-Ihat Governor Pease had the right to
make such contract as his letters and power OF
attorney implied.
Second-1hat no rule would lie against Paschal II
he acted IN good faith.
7ht.'a-That he mad right to retain the money
and effects in his hands until mis- fees settled
Foa1th-Ihat the attorney has q lien upon tho
money ana securities In his hands until his fees IRE
paid
FJ1h-That If the State be dissatisfied with the
amount OF Its attorneys charges 1t must resort to
suit for money had and received, In which suit the
defendants offsets viii he considered. This rule
was, therefore, discharged.
upon the fHlc 10 SUBSTITUTE JuOlnas y. DuIaNt as
solicitor in the case against George Peabody & Co.
aud others the Court said that Governor Davis had
the right TO change the counsel OF me State, the
State taking the responsibility Of belng answerable
to Judge Paschas past charges Tor fees either the
whole, s75,ssl, or such amount as should hereafter
be settled in another proceeding. For that purpose
Judge Paschal would have the right 10 retain any
balance in his hands.
Judge Paschal warmly congratulated by the
bar for having had the courage to vindcate his
own rights, thus establishing great predccent Tor
the profession.
Thomas j. Durant for Texas.
A. G.. Riddle fof Paschal.