The daily gazette., 1875-05-21
Important Case Contingent fees
to COn9ressMe


And now Gen. GARFIELD, the pride
of the Radical House is impcached. 1t
comes out as evidence in Court that
even the emmanulate Garfield took
money for securing contracts from the
Washington Ring. The correspondent
says:
A very interesting and important
case is that of George II. Chittendcn
VS.. Bobert McClelland, recently argued
for the defendants in the Circuit Court
at Chicago by ex-senator James u.
Doolittle. Chittendcn, agreed, in con-
sideration of contingent expenses to
obtain contracts for the defendants,
parne ers in paving firm, and secured
Tor them from Boss Shepherds Board
of Public Works at Washington con-
tract for 200,0 900 square yards at
SO so, the profit on which was $40o,
600. Of this Chittcnden claims one
third. Defendants refuse to pay HIM
anything, alleging that the contract
set forth is against public policy.
Mr.. Doolittle then rccitcd the pleas
to which plaintiff had dcmurred which
he claimed were good. Plaintiff OBJ
tanned the contract by improper in-
f1uenccs $50, 600 square yards were con-
tingent on future appropriation by
Congress, and he employed Mr.. Gar
field, Chairman OF the committee on
Appropriations, to secure the contract
agreeing to pay him contingen fee of
$5, COO. Garfield obtained the contract
and his fee, and shortly afterwards re-
ported bill appropriating $l,24l 600,
out of which the contract could be
paid, the parties to the suit, Mr, Gar
field and the board, well knew at the
time of his servic that Dir. Garfield,
from his official position, would have
a potent influence in procuring the APP
preparation to carry the board contract
into effect hence the contract was
against public policy. Nor was it II
sufficient answerto plead that MIR.
Garfield, was at the same time, Il law
yer. That plaintiff intended to use
his influence as a Representative
rather than his arguments rs Il lawyer,
appears from his letter to defendants,
where he says
"The influence of General Garfield
has been secured by yesterday, last
night and to-day's laDors. He carries
the purse of the United States-thc
Chairman of the Committee on Appro-
priations--and is the strongest man in
Congress and with our friends. My
demand is to day not less than 100, 0UU
more 200, 900 yards in all Everything
is in the best shape, the connections
complete, and | have reason to believe
satisfactory. | can hardly realize we
have General Garfield with us. All
the appropriation of the District came
from him."
Mr.. Doolittlc said that Mr.. Justice
Swayne, in Burke VS.. Childs, not yet
reported held that contract expressed
or implied for purely professional ser
vices, Is valid. Within this category
he included drafting petition, atten-
dance on taking testimony, collecting
facts preparing arguments and submit
ting them, orally or in writing, to a
committee or other authority. "But
such services" said Mr.. Doolittle, "are
separated by broad line from per-
sonal solicitation and from official
Influence. The agreement with Gen
eral Garfield member of Congress-
to pay him IS, 900 as contingent fee
for procuring contract which was it.
self made to depend upon future ap-
preparation of Congress, which appro-
priation could only come from com
mittee of which he was chairman, was
sale of official influence, which no
veil can cover, against tho plainest
principles of public policy