The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-07-30
RAILROAD ATTORNEYS AID TRUSTEE
SUITS
letter From C. G. Noble, Esq.

letter FROM v. ". NODie, Esq.
Editor Messenger Il assume, Mr..
Clarke, you would not intentionally do us
Injustice. In the article, entitled San
easy way of getting money" in the daily
Messenger of last evening, you very unjust
ly reflect upon our professional conduct in
respect to the railroad trustee suits that
come into our Office You will allow us
a plain statement.
Some three or four years ago, more or
less, the paymaster proposed that all suits
against employees, wherein the railroad
managers were trusted, should be referred
to our office, and all disclosures and com
munications relating to the same should be
sent from and through our Office. To that
time no certain or satisfactory arrangement
had existed between iiIe i",,d and the
merous attorneys, who frequently brought
suits against employees. The managers
were compelled To malle appearance on the
return day of the writ, either personally or
by attorney, in order to protect themselves
from defaults This was found Impractical
BILE, as these suits increased in number so
rapidly after taking on the Ogdensburg and
Rutland roads and the travel and attend
ance in cases returnahle at points remote,
as Wind.or. Braitleboro, Bellows Falls and
Rutland, all taxable against the employees,
made it opprts sive upon the latter, with no
corresponding benefit to any one, and it re-
suited in loss 10 he roads in the frequent
defaults rendered against them, when they
had insufficient or no credits of the en-
ployee.
Again, the costs taxed against employees
for Officers fees in service upon the trustees,
when the plaintiffs resided at great distances
| from the Office of the managers, were very
onerous In amount 1t was suggested by
he vay master that we might establish such
| relations with these various attorneys,
throughout the state, as would protect the
trustees without the expense of an actual
appearance in each case, save the heavy tax
alton against employees, on account of tray
ell of officer and trustees, amounting often
to ten or fifteen and sometimes to twenty
five dollars, in a single suit, and, at the
same time afford the plaintiff and his attor.
ney speeder and larger security, by accept
ing service of the writs, aud, when desired
| giving information freely, by correspond
ence or otherwise of the state of the en-
pleyes' account with the road, before com
mencing suit. All this required large cler
ical and responsible labor in our Office, ant
compensation therefor must cone out Of
the business
AT first we undertook to pay the expense
attending this lew method by having the
costs of the trustees taxed in each case
but, as we could not personally attend
these were in many cases omitted. and fl
| nAlly the request to make such allowance
was entirely dsregarded. Therefore, it wa
proposed by the paymaster, with the ap
prevail of the managers, AS we suppose
that the sum of two dollars be deducted
from the pay Of each employee, when sued
TO provide for the expense and labor abov,
named This was adopted as rule ant
regulation of the department, and it INNS
be assumed that ali then in service and al
thereafter employed engaged subject to tn
regulation. AS a rule men embarrassed b,
debts were not knowingly employed
such became employed or subsequently in
Cured dtbs, the management held tha
the road should not suffer expense and risl
therefor This two dollars was in no sens
tdTed costs under or in violation of an.
statute. Continuance in selyce and EN-
ploym ent by the road was subject To TIL
rule, and it is precisely anal'g to anoth
er regulation Of tine department by whic
Inc TOdu II serves the IiEuN ~ uShutt iloi
the pay If the employee any amount du
from him Ia his la dlord, ar other person
for his board while in their employment
To compensate us for the large amount O
extra labor and the expense of an eXtr
clerk we received one dlla of tie tw
dollars thus reserved, and the paymastel
5 for the labor the arrangement put upo
him, outside of his regular duties, receive
the other dollar.
As for ourselves, counting nothing for 7,
sponsibility and labor other than clerica
we are not made good for expenses OF
by the management. We have sui
mitted to it because we were doing til
general law business of the roads. Stan'
ing alone it would be of no pecunisry az
vantage. This two dollars stands in lie
of all taxed costs to the trustees, except
some contingencies of trial. After the a.
rangement was adopted we had assurance
from attorneys In different parts OF u
state that all parties, including plainuI
'r defendant and trustees profited by H. an
much expense was saved, and IKE opihioi
are EXPRESSED to us continually. The az
vantage to the plaintiff and defendant
above stated was very consldsraoiei u
q result has shown that the employee, und'
this Arrangement, on an average, mas m
IN been TO the expense OF one dollar whe
Ia before he suffered the loss Of three dolla
I'd in costs, as might be shown in repeated y
y. stances. So much tor our connection wi
IL this matter
- | NJ. NJ CLARK we have not know ink