New-York tribune., 1877-08-31
LOCAL MISCELLANY.
EXToRTIoNATE LEGAL FEES.
GREAT ESTATES DO NOT MEAN GREAT FEES UNLESS
THEY CALL FOR GREAT SERVICES.

cnrAT ESTATES Do NOT MEAN GREAT fhho' ON
THEY CALL FOR GREAT SERVICES
Kenvon. Cox g. Co.. year or two ago, maze
an ssssument for the benefit OF their creditors TO VIZ
80 s' G., 11,o, lsd appoiuted David Dows special
,,,.to hut this appontment was swallowed up pF thc
s-oraral assignment Some months ago Joim r. f'0S'
ro,itor for Sls4 petitioned the Court ot t-'n'nOn
pleas that scott be compelled to account ooo" ''i'
seeded this proceeding by applying himsen 10 &c pi
Ynitted TO make final accounting, ana S'epue' -
as ontoinicd referee 10 take and state the aS-eoS
ooo,,nt. No creditor opposed his statement adu no
creditor opposed the confirmation Of his report pu' "S
IN. renort included allowances TO the ia"'e.
a, John T. Tracy Of $500, to the laWSe's VI
m, assignee OF $4,000, and TO the assignee ana s"
t,nstec Of amounts beyond thor legal eomnhsso'',
Judce Robinson TO whom IN the Common Ploas Specia
TORN the report was submitted for confrmationreinses
hts approval He saws. IN n long opinion, the ONLY thPs
tb referee had power 20 pass were the actual reeeips
ad disbursements Of the assignee and oil the sPo0"'
trustee and their commissions. All elso was n'''
sucrcstton 20 be respectfully considered az soHges
~ one trusted by the Court These suggestions oo"'
the Jpdee holds matters that call serious quesuouS
as 10 their propriety First that counsel Tor "peuo
Ing creditor to whom less than $3.50 was que snouu
,id 500 for his servces; second, that Mr. Do"s lle
sec,a trustee whose legal commissions are S',0-V ~
shoud be allowed $4,000 third that "iii'al - 80 "' w
,he assignee whose legal commissions are pillow o.
sbd he poid $4,000 in consideration Of the iapoilo
mai %
Tracy the counsel FOR the assignee shOuo Oc "o"'"
sIo 600 besides the ~ 900 already paid
r,,o Pobiusop SAYS: These claims are I'D each ih
.ce startling from the large amounts riop"seu ana
cl,ilned as compensation for the service reiuoio, %
succst The ACQUISITION Of fortunes OF thouS"hue o uo
lars in the happy accident OF an employment IL 'ne
,,rse OF tic execution Of such an assignment lHe!
.i,,o mo "a excessively exOrbtant, ana the recon-
,oer6atop OF the referee fails 10 meet my apPoN"i o
or6r1oaton" He recalls the fact that u Is the u! o
tho Court 10 watch the interests oi absent
ana that has no right 20 scquoster the none! Z" o'
an lavish ices but is bound 10 regard such ices rs
,tavlv exocted from the OF the money ioI ne
necessary expenses sofitsadministation IheTe .ho I
ii of i,scc authorizing the allowance OF $500 70 te
,tco,, ~ a creditor whose debt is less than Sl'V'
Co,,rs are not amoncrs Of assigned Estates ana ' |
vision that Courts may award reasonaD'e cUu"S' -
and costs does mol permit them 10 dispense I"." i'
according 10 their appreciation or estimate oi ''' nv
o, counsel or the value Of their services h'y must |
nm evidence. The petitioners claim Wts nGS ul i's ~ m
6eforo tie referee. anu the Iciiii' ncl M ,
accounting was 81 once supe ~ tboTit,- r law
demand for accoun,in ing lht.e u" oI ~,
o. oyVordnc costs o. the presentation 0 al "iii
e1m nor docs H appear that the assignee "'s uCi 49,
or disputed tDe claim Ills ,hs s - "a "a CiaT
coet. r1u he awarded only undtI me Jaws on 90 ,-l'
o-O and thgu only 10 surce-.-u laIN' nv w, Ia IA -.
80 n-rniae ON The amount OF aiowanees ana nc csl'
hon ,iuyrG hy the Code for tie service o. pD"O"'
'n,s ci ~, me- claims Of Mr. Dows and Mr. Scott, for
amounts h.y oud their legal ccmmN'ioe ,ue3 so il
Ytt any y crease of such allowances beyond ig sia-
ytary rate. Az assignee or tinsee ls h.l eht,o @,
for re rsonal trouble or 'oss OF time, except
a. xt,rcssiv gwen by law. His position ~ honorary a
burhcn upOn his honor ana cSns9io.c, cSn9 3 g m % iioS
o.slIucd uuon mcrccn0ry views NOthhs ch p' "llo"v
o., ,s az zeal or assumption oi more ohcIouh uu th
man might nave been tXacied AS 10 We Vi-h % .lo M
81 0CO already received Judge Robinson huds th't e
mere employ Inent ot attorneys 10 'ud an aStSt a
1nIllon dollars administer. does not ehii' lueN' i9
he magnitude OF The sum, to nyiucreased COMPENSATION
for their services beyond WhaI lhtl "ou & uc m r. !" - -
4lr nd
1nnnerted according TO tar eSnalg II thei NOitD rs
In any ocr employment hoS o'tthd''c , ] on 'ne ,i m ~,
LEGAL vileuce Of Suc proper cuuphSloh ar t4aIhi
OF Inc highly respectable counsel 10 ,ueh sum lS U'
mn If il tl, AFFIDAVIT OF Rufus F. Andrews that hc had
informed himself Of tie amount OF WORK ana ia9rI E
ontr.5 and Of personal attention of counsel requisite
@,re, ana i'm View Il the amount Of thc assigned
ueISt' . ie.,s he claim within lie rate ordinarily
v In, ike case aud, n iact. less tnan has been nj
lowed frequently Judge Robinson adds; " III wat
So,rs ar t what judicial Off ers, with Whose action MI
STIro,s asserts familiar knowledge. such very large
sf,,,. ,, been allow ed t0 cos j. ne lt5 40 daclC-c
p,lfu.rb holds that tie settlement oi sigutc5
,r,. nj las uohiu2 of lCcuuhio oi lUcdIc cie ic ~
it h. ,r ,c. iuical than professional, ANA docs uei
ync hi-D,r al lsn may be ,xI,e,ed in Icspc' bic
or- arse The supervision of one acquainted 10 sun'
o-rrcc with ordinary esal p'nGp'g' ,,t Is nei" am be
1.,cesaIy. But %. such ease, cNlo.hcc Oh 'i' nt,
B. shown. iu the setter on 'hc iu|'yt - ,,,
D. allowance. beyond thnt Tor more ctfH| 'u'S
r,r ..-is.... rs naIt OF the Gs-igIgr's pcr soH1
Ir. 10 respect to which be cannot eAar' any e\ ems
To- clpovug counsel 10 in-luct MN ih hi. Iet' "'
iucgc is nothing before ne court tN,tp l't 'C' .
a.J papers ald pciuor pa the lloce an- ~ SEQ" nhi
wruid boz reasonable clai<e, alr AhcIeTSS u'
ls.ne entirely uusatls4dci"ly. iLt Na'Ut ga ' G 49,
cnuuspl D. lus 'cul.n on Oh. ma ntuiF 9 th s.i-
tion crcnter than fuoso oi The Lumhc hlh'f o. u"
T,rofrssen who s possessed Of hc iearni'- shiI ano
ability rqrcd by The occs ~ IIf me ease g aIsg, G
lr, Mr. DIN is absent rom thc country % cA-Juugr
Bas,.,th o. a~er IN the COMPENSATION ~ nc a 3y"e
.. ,. principe- It, and to reIOr' detailed state
b,at Of the scrVlc.' cieu'