The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-10-25
The History ofDeIano c. CaIvin's Great
Fraud Against the City.


pose of misleading tho rnDnc. The facts,
however. have now become too notorious
30 be CLOSED over, and even without COM
ment they are sufficiently damning.
In 1858, one McKEAe, an obscure clerk
in q lawyers ONCE In this city, was APP
pointed by the old Excise Board rs its at
torney to act in prosecuting for attractions
of the Excise law. His disbursements in
she suits instituted were paid by the city.
The costs recovered against the defendants
and the fines imposed i'll these cases went
TO the attorney and constituted his COM
pensation, and IL was by no means made
quate. Such was then the understanding
of McKEAG aud such was understood by
every one to be the legal agreement, i'm
Piled IL not expressed, until decision Of
the Court of Appeals in March, 1871. gave
what seemed to be chance for making a
great strike on the city treasury.
McKEAG, who held the post OF attorney
10 the Excise Board until the spring of
1896, had received for his services upward
Of $4,000 and rs this was n much larger
amount than he could have made other
wise during the same length of time, he
was well content with il, and did not seek
10 extort anything more from the city. In
fact, no claim for compensation in the thou
sands OF eases which had been abandoned,
or in which he had been defeated, was
ever presented to any authority until after
the decision Of the Court of Appeals in the
case of The People ex rel. STEPHEN G.
JOHNSON against The Board of Supervisors
Of Delaware County reported in 45 ". Y,
In hot Ill Al
claims for services of an attorney OF
county Board of Excise Commissioners are
81 county charge; and after this decision,
III the same year or in, 1872 one JOHN III.
STARIN, Jr., came to the front as the as
sgnee of an enormous claim alleged to
exist against the city on the part OF Nc
KEAG for his services in those cases which
lie had abandoned or in which he had been
beaten.
A strenuous effort was made to get the
Board OF Supervisors TO pass this claim,
but il was too rotten and fraudulent
for them to touch. Later on in 1873, per-
sistent endeavors were made at Albany to
procure the passage of an act by the Leg
isiature, under cover OF which the money
could be taken from the city treasury
scheme, too, would have fallen TO the
ground, had IL not been for the act OF
1874, making all county charges here
charges against the city. Thus, at last,
the speculative assignee had gained a
footing in the courts, and it was then that
he commenced his action against the city.
The suit was unfortunately referred to
DELANo C. CALVIN, who, in his opinion as
referee, after overriding all the legal OBJ
jections raised against the claim, goes on
20 consider the question Of the value of the
services alleged to have been rendered.
On this point Mr.. CALVIN had before him
the proper rule Land down In black and
white for his guidance by the highest
court of the State; aud this measure of
value was, In brief, that the attorney
should be paid lOhdt his services Uere red-
sondbly corth. But we will give the full
language of the Court of Appeals in the
case Of the Supervisors of Delaware
county;
1.-THE rrlator Ia entitled n payment for every
service witch he rendered In these actions an
attorney or counsellor at law. by the code
lsectlOD 1861 tie measure OF such compensate on
il LETT TO the aereement, express or Implied, OF
inc parties. There was no eIoress agreement
between the relator and the Board Of Commits
si1ners OF Excise what should be his compensa-
tlon II u uecains charge tglinst the county.
fie should he paid, then. what his services we're
"dHnIbiD Wolh, not according TO what they
produced 10 his clien'. but what such services,
worth, looking at the lloor, time, talent, aud
tkill expended IN the bestowdl OF them" - n.
\. Rep., &. 2J2
Neither talent non skill was required for
tho services alleged to have been rem
dered by MCkEAG, as they We're pure
~ mechanical, and as to the fair worth
OF the labor and time expended, CALVIN
had before him the evidence of many re-
spectacle lawyers. some Of whom are emil
nent in their profession. On this head wa
quote from the opinion he filed in decd-
ing the case:
" hose who estimated the value OF the ser
vces by the year were Messrs. BOYD, HAND.
llCKHAM. BARLOW, ALLEN, MORRIS Rowe, aud
ILIss; ana after deductinR the disbursements
fur clerk hire. their average estimate amo lnts
u nat three thousand three hundred dollars
per mum.
Those who estimated the value OF tie ser
vice. in detail we're Messrs. ALLISON, BLACK,
J. WILL, ami CARTER and after deducting the
al ir,sugnt. Tor olclk hire, their aver ge esti-
mate amounts to less than one thousand dollars
Der ahnum.
Yet notwlthstand the estimates OF
these gentlemen, who 1t must be admitted
were fair- minded and impartial, CALVIN
declares that the estimates of those at
toin"Ys who were called by the defend
ants, aud who gave the value Of the SER
vices In detail, are miserably Inadequate -
and Linen ia view of what he Is pleased to
term the obviously inadequate estimate
Of the defendants witnesses" he report,
with lares-banded liberality worthy OF
TWEED or CONNOLLY, in favor OF paving
srAluE t3l3,50O, with interest, making
t3s0,22i. Go in all! II STARIN had agreed to
give CALVIN one-half oil the proceeds, b,
would not have dared TO make the award
any bigger. 1t does not require any legal
knowledge, but simply ordinary intelli-
gence and common sense, to comprehend
the cnormity Of this decision. IL would be
charitable to attribute it to such stupidity
a. should disquahfy the man for any office
III IT does not prove that CALVIN Is utterly
corrupt II ought at least TO prevent hii