National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-09
AN EXTRAORDINARY CASE OF
FEES.
Comfy BETWEEN THE EXECUTIVE
OFFICERS AND THE JUDICIARY.

Comfy BETWEEN THE EXECUTIVE
OFFICERS AND THE JUDICIARY.
| A case involving questions of interest to
lawyers and clients came up this week for
hearing In the Equity Court of this District be-
fore Judge Wylie. This cause involved the
right of the complainant, Charles E. Hovey, to
500 acres of indemnity land scrip, authorized
by act of Congress to be issued "to Thomas
B. Valentine, or his legal representatives" on
the REIMBURSEMENT of his title to the Miranda
grant in Sonoma county, California. General
Hovey, the complainant, had been the counsel
Of Valentine, and as such had succeeded after
several years of professional labor in obtaining
relief for his client, Mr.. Valentine. The
contract under which Hovey was retained
as counsel stipulated that for his compensation
he was to receive direct from the General Land
Office 1 800 acres of the scrip, which might be
authorized by Congress.
1t appears that Valentine objected to the
issue of this portion of the Is 1856 acres of scrip
to which he was entitled under the act, and
suit was brought by Hovey for the specific per-
Torrance of the contract. Meanwhile the court
granted temporary injunction against the de-
fendant's agents receiving the scrip, and copy
was served on the defendent holding the scrip.
This injunction Secretary Delano very properly
respected as matter of comfy, he having
always decided to act in perfect harmony with
the Judiciary, notwithstanding there is no
power by which the Executive can be restrained
In performing the functions of its office. The
scrip is therefore held subject to the determi-
of the court which has taken Jurisdiction of the
subject-mstter.
This week the case came up for hearing on
the motion for the appointment of receiver.
Service of summons had been obtained on Val
entine by publication and by process through
the United States marshal at San Francisco.
Tho agents had been served In this city. The
counsel for Valentines agents argued that the
injunction should be dissolved and that the
appointment Of receiver could not be made,
because the court could not compel the Depart
ment to deliver the scrip to the receiver.
Counsel for Hovey was about to argue his case,
when the Court, Judge Wylie, stated that fur
ther argument was useless, the defendants
having failed to show any equities or evidence
! that Hovey had not performed the service al
legged. ..-rra
The Court also stated that he had not gem
orally favored cases of This description; but
the record before him presented a most shock
ing attempt on the part of client to defreud
gentleman of the bar, through whose services
he had been rendered independently wealthy.
He would act Upon the res within the jurisdic-
ton of the Court, and without committing the
Court to any final action at the final hearing,
would direct the Immediate appointment of a
receiver as prayed for by complainant.
R. J. Meigs, jr., clerk Of the court, has been
appointed the receiver. on.
The Court also decided that the contract
with Hovey was in form an absolute assign
ment, which entitled him upon Its face to the
possession of the scrip Under these circum-
stances it is pretty question for the lawyers.
Meanwhile Secretary Delano has animated
that he will not act contrary to the decree of a
competent court. and 1t Is probable that the
scrip SO much sought for, viii be chung up to
dry" -t--tt:o,7 -