Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1871-11-21
THE RAILROAD COUNSEL FEES.
letter to the Legislature.


subject of the 1000 fee about which the
| public has been interested for week past.
They recite the provisions of the law un-
der which they were appointed and the
circumstances attending their appoint
ment, give a sketch of what they have
done, and statement of what was in
volved. They speak of the reference of
the matter to the Clerk and Master of the
the Chancery Court of Davidson county,
and conclude their letter as follows:
| In the meantime reference was made
| to the Clerk and Master of the Chancery
! Court to ascertain and report what would
| be reasonable compensation to the counsel
| of the State for professional services, "here-
tofore or hereafter" to be rendered in the
matter of the delinquent railroads. The
Clerk and Master, without any action of
the States counsel, took the testimony of
| lawyers who had been employed against
the State in the litigation, consisting of
| three of the leading lawyers of the Clarks-
vile bar, Jas. e. Bailey, Jno. f. House
and VIM. A. Quarles, and ten of the lead
| ing lawyers of the Nashville bar, John C..
! Gaut, AbTam l.. Denloss, Thomas H. Ma
lone, j. C. Thompson, Ed. Baxter, J. l..
Rice, e, b. McClanahan, M. B. Howell
and G. p. Thruston, all Of whom testified
| that a fee of fifteen thousand dollars to
each of said counsel was reasonable, and
many of them saying it was low. Upon
this testimony report was made, fixing
the fees at that sum in money, or an
amount in the bonds on which the fees
were charged as a lien, at the current rate
at which the bonds were selling.
The Chancellor was inclined to think
that it was not proper case for him to act
upon the fees, and the Commissioners
might reasonably be supposed to feel del
icacy in acting, as a part of them had
themselves applied to the Court for COM
pensation. Under these circumstances, the
counsel for the State thought then, and
still think they were justified in receiving
the bonds, and holding them under the
lien given them by law, and by the decree
Of the Chancellor, and received them ac-
cordingly under the order of the Court.
These bonds they were ready to produce at
any time.
The counsel recognize the right of the
Legislature to investigate those proceed
ings and their duty to see that the fees are
legitimate and proper. They think they
have the right to complain of the manner
in which the matter was taken up by the
Legislature, upon mere rumOr, without
any opportunity being given them to eX-
plain the facts. They are fully satisfied
that the whole proceedings, on their part,
are unexeeptionable; and that the fees al
lowed were reasonable, and that they are
Justly and legally entitled to them. And
they have been willing that the amount
of the compensation might be tested in
any manner the Legislature might see
proper, either by calling witnesses before
a committee appointed for the purpose, or
by proceedings in the courts. They know,
and every member of the Nashville bar
knows, that larger fees have been allowed
and paid in railroad cases than the fees i'm
question, when the amount in controver-
sy and the difficulty of the questions in
vOIved are taken into consideration.
But the course of the Legislature and
public press, although altogether ex parte,
have created such furore in the public
mind that it would be difficult for the un-
dersigned to allay it in any reasonable
time. Moreover, it is neither proper nor
possible for them to maintain contest
with the State through the Legislature.
They would have been willing. and were
anxious, that the matter should be sub
mitted to the courts. They could not sue
the State, but they proposed to the Legis-
latiVe Committee to make an agreed case,
or to allow the questions involved to be
disposed of by the Chancellor upon the
reference to the Clerk and Master, the
State, through its Attorney General, to be
at liberty to take any testimony it might
see proper. But the Committee, through
its Chairman, stated that the Legislature
would not consent TO take this course.
Under these circumstances, they were
strongly inclined to give way to the wishes
of the Legislature, and this inclination on
their part has been turned into a positive
determination by information received
within the last few hours. They have
within that time received reliable informa-
ton that Judge Robert j. Mckinney and
Francis 3. FOgg, Esq, two of the Com
missioners by whom the unersigned were
employed as counsel for the State, have
expressed the opinion that the fees charged
were too large-which opinion, so far as
Mr.. FOgg is concerned, was expressed pri-
vately to one of the counsel. Having for
the opinions of these gentlemen the ut
most respect and for themselves an affec-
tionate reverence as fathers of the law in
Tennessee, with whom their associations
have always been of the most intimate
character, the undersigned have come to q
conclusion different from what had been
their first intention. The belief of the
undersigned that their demand was Just
one and the fees reasonable has undergone
no change, and self-respect demands of
them that they should not abate their
charges or higgle with the Commissioners
or the Legislature in regard to them. The
OhIl COuISe Opcu W lISLIl3 I116I0IOT6, Is 10
make no charge, to abandon any claim
they may have to said bonds and leave the
whole matter to the sense of justice of the
Legislature. In accordance with this de-
termination, they will leave the bonds
with the Commissioners to be handed over
to the Comptroller, or such other officer as
the Legislature may direct. /
In regard to what is claimed as an act of
the Legislature at its last session, fixing a
limit to the compensation of the Commits
siopers and counsel. they have few words
to say. Some time after the filing of the
bill by the States counsel, two of them
learned that such bill had passed the
House of Representatives and gone to the
Senate.
These two conferred together and feeling
that it would be improper to allow such an
act to pass without notifying the Legisla-
ture of their objection to it as providing
insufficient compensation, one of them
applied to Senator. and told him that the
counsel could not afford their services for
L r.. n a