The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-07-28

EFIhEf WAS hnAFNAALEA anu lD AZ gAuNAAAt.
granted until Mr. West came u with Mr..
/ Powers claim. aud a verdict aud decree
was found in the amendatory bill OF Mr..
Powers.
THE POLE THAT BROUGHT TIE PERsINAoN.
The pole that brought the persimmOns, {"
said Mr.. Erwin, twas the longest; 10 was
Mr. Powers and Mr. West handled the
pole Ferguson &, Co. couldn't get Iudg-
ment. On the record before your honor
the proceeding Of Powers brought the fund
into court" Mr. Erwin said that he had
never bee abe II find case where the
attorney first fling the bill takes the COM
pensation. The language IS 1.-THE one who
brings the fund into court"
Mr. Erwin was asked by the court his
opinion a. lawyer as to WHO Is entitled to
the compensation as moving attorney, and
Mr. Erwin replied: d" The party who
brought the fund into court, whether it
was the man fling the first or the last
declaration. II it were duBIgnon ~
Fraser's persimmOn pole, Mt West had
put on a joint and made the pole longer.
One thing is certain, the original bill didn't,
and never could have done IL alone, but the
amended bill could and did,
Mr.. duBignon explained that it was only
technical objections which delayed the suit.
which was awaiting trial in TIE supreme
court until the latter could pass upon the
acceptauces. That was one reason why
Ferguson a Co. IS claims couldn't Da preset.
Another was that at one time Mr. Fergu-
son couldn't be reached, but he had been
represented at every stage of the litigation
by Mr.. Fraser or Mr. duBignon, and IN the
city court Mr. Fraser had announced that
he would await the decision Of the
supreme court. "Mr West came in
by our consent" said Mr.. duBignon. He
a. VI hrtcar nd "a a - W
is, but it is net true that he has directed the
suit or that he has been the principal c1un-
sellor, or that he has been more active than
other counsel who filed interveutiOns. After
Mr. West failed TO get into court on his IN
dependent bill he came in and got consent
to come in and counsel with US. The party
bringing the fund into court has right TO
the compensation Tho only question in
the case is who brought it into the court"
TWO CLAIMANTS FOR So, 800.
The court interrupting said that there are
two parties claiming the 10 per cent com
pensati0n, ami others ars asking cOmpensa-
ton for assisting
Nr. duBignon asked, "Who fled the bill?
Who Is the counsel in the original suitl
The record stares you in the face. 1t was
duBlgnon 81 Frazer. 1t is not a question
Of who talked the most or who said the
most Who represented the moving cred
itOrs! The case WAS in the court awaiting
the supreme court TO pass on questions
essential to the case. Mr.. West could have
done no more than we could. Others inter.
vened. Garrard and Meldrim were Just as
active asintervenors as Mr.. West. | repre-
sentei the original movers In the bill and
am entitled to the compensation. Mr. West
tried to get into court and wasn's allowed
The court said that his bill would
have to be hitched onto the ma
chinery of our bill and the machinery
Of our bill emptied the fund
into this court He cautioned
the court that Mr. Erwin's plea was that OF
a lawyer for his client Mr. West. and con
GLIDING he said, "From the inception OF the
case down to the present we controlled it as
moving counsel. | could have dismissed it
at any tiine-even at the,time'of the inter
Ventlon of Mr.. West. 1t is not fair to nut
US in the position of the analogy of the per-
slmmon pole. The case was stopped
by general consent to await the
decision Of the supreme court.
suppose l had dismissed the suit, where
would have been the persimmon pole thea!
Mr.. Erwin-You couldn't have dismissed
1t when MIR. Powers came in as an inter
veneer.
Mr.. du Bignon-Yes could have done 50
and | can show authorities for that. | am
willing to stand or fall by the record.
TILT BETWEEN COUNSEL.
The discussion between Messrs. Erwin
and duBignon was not consecutive, but was
interrupted by the Introduction Of other
counsel as witnesses to show the activity Of
the two contestants for the 10 per cent.
compensation, and Mr. Cunningham said
counsel are not etniuled to receive such
large compensation. He asked whsre was
the vigilance and alertuess Of counsel when
the bill was not resisted. The savannah,
Dublin and Western Railway Company had
joined in the plea for a receiver. Ten per
cent, he sad, lis too much for bringing
the fund into court. Any member of the
bar would have done the work for half that
sum- The bills are large-too large and
ought not to be admitted He cited an
authority to show that the court should not
go beyond a reasonable fee ON the amount
of the claims represented.
The court did not pass on the claim, but
Will hear Mr.. duBignon's authorities on his
right TO dismiss, argued by Mr.. duBignon
to nix his status as moving counsel. Nearly
all the attorneys who are intervenors have
asked to be allowed reasonable and lust
compensation for their share in the work of
bringing the fund into the court
MIR. West then began his three hours,
argument to sustain his exceptions to the
ably made, and the citations were ex-
haustive, taking the widest range of
authorities IN this country and England
LAWYER VESTS THREE HOUR SPEECH.
In brief, he argued that as Gen. Alexan-
der hard declined to answer before the mas
ter what property is held by the Savannah
and Fort Valley Railway Company; de
clined TO answer if the Central had fur
nished the money for the survey of the Fort
Valley road, he could not now come in and
ask the court to recover. The court
could drop his claims becaus, he
had declined to answer questions
pertinent to the issue by an officer
of the court. Nj. West made the
point that the Savannah and Fort Valley
had no power to buy railroads of a parallel
hne or Judgments 10 obtain control and the
Central mad no right TO buy for itself in its
own right. LawtOn q Cunningham paid
$50 600 for shares and f}r Judgments They
bought the Savannah and Dublin charter
for the Savannah and Fort Valley Company.
The money was furnished by the Savannah
and Fort Valley Company to Lawton &
Cunningham and paid by check on the
Central bank aud Gen. Alexander adjusted
the accounts. He bought all the stock of
the construction company and the So, zoo. 900
bonds of the Savannah and Dublin com
pany, found as the property of the United
States Construction and Improvement Com
pany, are in trunk traced to the Central
bank. he argued at length that Douglass
Green, president of the construction com
pany, as president of the Sa-
vannah, Dublin and Western company
extended the time Of the construction COM
pany to two wears to buili hefora tho vaar