The New York herald., 1877-08-31
THE COURTS.
Wanton Extravaganza in Winding
Up Bankrupt Estates.
SHARP JUDICIAL REPROOF
No Robbing of Creditors to Fill
Lawyers Pockets.
LESSON FOR POLICE JUSTICES

In the Court Of Common Pleas, Special Term, yes
terday Judge Robinson delivered elaborate opinion
In the matter Of the accounting Of William L. Scott
assignee OF Kenyon. Cox Co.. and Of David Doves
special trustee This matter before the Court
motion tor the confirmation OF the report OF
Stephen II. DIN, the referee appointed TO Examine
into scotts accounta The proceeding before the
Court on the petition Of John f. Tracy, creditor OF
Kenyon, Cox Co., for $134 Mr.. Ohm. in his report.
awards to John r. Tracy's lawyer $500 for his SER
vcea The referee also awarded tho special trustee
(lfr Dowcs) So 900 compensation, though the legal
fees amounted 70 $3.50 so; to the assignee,
Scott the referee awarded instead OF the legal
commissions, amounting to $ll.3 81, the sum OF
$4,000 and Mr. Olin awarded to Messrs Tracy,
Olmsted Tracy, Scott's attorneys, in addition TO
1000 previously paid them counsel fee The sum
Of $4,000 Judge Robinson, after noting the facts Of
the case says:-'These claims are. in each instance.
startling from the largo amounts proposed and claimed
for services rendered, and suggest the acquisition
OF fortunes Of thousands OF dollars IN the happy
accident OF employment in the course OF the execu
ton OF such an assignment They strike me as ex-
cessvely exorbitant, and the recommendation OF the
referee tails to meet my approval or confirmation.
The courts the distribution oil estates ntrusled by
to their administration, are, to great extent,
acting for absent creditors or unrepresented
parties, who repose with confidence upon tho
judicial ana watchfulncss over their IN
terests. No right such tribunals to
seQuester the money equitably belonging to Others
their attorneys agents engaged IN such admnistra
ton, counsel who appear in the proceeding Tor
distribution; but they bound to regard every dol
lar thus appropriated invountarIly exacted and
levied lawful tor the expenses
OF administration. AS TO that item in the claim pre-
sened by counsel Tor the pcttionng creditor (whose
debt Is less than Sl60 to an allowance oi $4O0 there
principle OF justice accepted or acted upon
by the courts winch justles any such award 10 him
uf the trust funds. II does not appear that
in regard TO the claim Of the petitionng creditor there
any dispute before the referee respect to it
wnich required trial before him and the proceeding
he instituted vas superseded by tho interven-
ton Vi the assignee under claim OF right TO
hnal accounting, and with 1t the claim OF this
creditor Tar as appears was recognized without
question contest" Judge Robinson denies tho
creditors attorneys ees-Mr Dowes' calm OF 200
and Mr.. claim of $40 600. In regard to the
$40. QUO allowed to Messrs Tracy, Olmsed Tracy
Jud Robinson that the Is not Intricate
MS to warrant its payment. and in conclusion, RENTS
each beneficiary TO his statutory fees. Upon this
point he says-.'rhe simple employ ment ol such
officers oil the law 10 aid assignee having 1000
TO administer not necessarily by any just de-
duction from the magnitude OF the sum enltle them
TO any increased compen saton for thor services
beyond what might be allowed to u like employment
OF clerk other assistant or 10 any such engage
ment where the fund was small in amount" In con-
clusion, Judge Robinson roers the question OF the
AttOrneys' ices 10 Joseph 4. Bosworth referoe