The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-07-28
SHARE OF THE LAWYERS.
ATTORNEYS FIGHTING OVER TIE
DUBLIN SHORT LINE.

Fight in ProEress-Sharp Tits Be
tween Counsel-The Case as It
Stands.
Yesterday was a field day in the superior
court in the litigation over the Savannah,
Dublin and Western Short Line. Questions
of compensation were first discussed, and
afterward thu war began on the fading OF
the master, and at the hour of adjournment
Charles \. " Vest, Esq. representing John
II. Powers, after a speech OF over three
hours, had not vet concluded his opening
argument on his bill Of exceptions TO the
masters report, and The court, at 6 o'clock,
took 8. recess until tomorrow morning. It
is not at all likely that one, or even two or
three days win be sufficient to hear all the ar
gument of counsel for the various litigants.
Amnngthe lawyers present and interested
In the case were Joseph A. CrOnk, for Re
ceiver Davant; Hon. I. NJ. Norwood, coun-
sci for Mr.. Crouk IN his bill Tor $500
compensate, Robert G. Erwin, counsel
for Charles y. West. in his bill for com
pensation amounting TO $500, or 10 per
cent. OF the amount Brought into the court
from the sale of the road; Hon. +. q.
duBignon. Col. William Garrard Col
Richards E9s, for the general creditors,
and Capt Il. c. Cunningham, representing
the Savannah and Fort Valley Railroad
Company, the construction mpany, and
nominally the defendant railway company.
THE FIGHT OF THE LAWYERS.
It appears from the position of counsel
who except to the masters report that it is
Capt. Cunningham against the field,
as all OF the counsel are arrayed against
him. and yet he has won the first half OF
the fight by the finding of the master which
holds that the railway company IS bound
under its mortgage for tho 100000 II
bonds issued, 81 100. 900 of which passed
into the hands of the construction company,
and which, according to the testimony before
the master, are in a trunk in the Centgal
Bank: also, the report showing that these
bonds, 20 the amount of $40, 797 o., are
valid lien in favor Of the United States
Construction Company, and by the tsstl-
mony before the master Gen. Alexander
bought the stock Of the construction COM
pany, aud hence the finding is indirectly for
the president of the Central. Next, the as
mgnmeut of the judgment claims of seven
creditors 20 tile Savannah and Fort Valley
Railway Company and in addition the
master found for LawtOn and Cunning ham
for use of Savannah and Fort Valley rail
way for $27, Az II OF simple contract debts.
The evidence before the master goes to
show that the Savannah and Fort Valley
company stockholders are largely stock
holders and directors Of the Central Rail
road and Banking Company.
A LIEN ON THE PROCEEDS OF THE SALE.
The compensation and fees OF the re-
ceiver, the receivers counsel, the master
and the moving attorney form a first lien
on the fund Of $4,000, derived from the
sale of tile road. The creditors come next.
The exceptions to the masters report make
a contest between the creditors, whose
laims are TO be paid ont OF the surplus re-
manning after the claims first
mentioned, have been paid. Hence, in tho
outset OF the proceedings yesterday morn
ing the court heard evidence ana argument
in the initial clsips Of what may be desig-
mated the court officers aAd moving counsel,
before hearing argument upon exceptions to
the masters report.
Mr. Norwood, in presenting the bill of
MIR. Cronk for compensation, held that the
receiver is the arbiter of the court the same
as sheriff, aud the receivers counsel is
part OF the receivership. He stated that
counsel for Ferguson Il Co and the parties
complainant nave consented to the allow
ance Of Mr.. Cronk's bill, and that Mr..
West, while not nseuting, will not
actively oppose it. Lawton &5 Cunning
ham, he said, represent the residuum, or,the
the railroad, or rather the receivers IF rail
roads.
Mr.. Cunningham disclaimed this. and in
reply he said: I'VE represent creditors-the
construction company"
LAWYER cRoEK's $4,000 BILL.
Receiver Davant, Mr.. Erwin and Mr.
Richards were put on the stand, and testi.
fled that they considered MIR. Cronk's bill
OF &, 800 fair and just compensation, and
Mr.. Cronk made g lengthy and detailed
statement of the character of his services
as counsel. The witnesses were cross-exam-
ined by Capt Cunningham, who
drew from them that their estimate
of the bill was based somewhat upon
ITS being contingent fee. The most
entertaining evidence was that of Mr.. Er-
win, who said that tho chances
of Mr.. Cronk's getting nothing were
very large and the margin for pay was very
small. He SAID that it was a contingent fee
because the Savannah, Dublin and Western
had long line and very little property.
the witness had an idea that very little
would be realized The road he said was
on paper with very little done, and he CON
siders railroad franchises under the exist
ting laws of Georgia scarcely worth any
thing, as nine-tenths of the charters are OBJ
talned to speculate with.
NCis. 0AfsthAhD , ESHlMAIE.
Capt. Cunningham put Col Garrar1i on
the stand to show that he and another
lawyer got but $500 between them for
legal services for an assignee in bankruptcy
on which $50 600 had been brought into
court, and (which ran through some seven
or eight years of litigation. Col Garrard
would not, however, attempt to draw a
comparison, but said that he thought the
proper course would be to act as in salvage
cases The counsel for the receiver. he
Thought, should ask for reasonable and Just
compensation, and the court, after hearing
the facts, should fix the condensation.
The court said that he would like to know
what was the element of contingency in tina
case, but Mr.. Norwood replied that it was
the courts province to take all the facts
Into consideration and fix the compensa-
tion. Mr.. Norwood was about to submit
an order for the allowance of Mr.. Cronk's
bill, but Capt. Cunningham suggested that
1t was agreed two weeks ago that all
claims for compensation should be sub
mitted, and the whole matter heard. TO
which the court assented. saying he would
not then pass any individual orders.
ATTORNEY VESTS CLAIM,
A long legal warfare came on when Mr.
Erwin presented the petition of Charles N
West for 10 per cent. of the $50, 900 brought
into court or 50, 500. The claim was based
on the ground that Mr.. West as moving
counsel had brought $35 600 INTO the court
as attorney for John H. Powers. with whom
Mr.. West had agreed that ne was to get no
less than 10 per cent. of the amount. This
was resisted by Mr. duBlgnon. who
claimed that duBignon 81 Fraser. az
4 8 RI