The morning call., 1891-04-25
EXPERT WITNESS FEES.
A Claim That Supervisor Aver
Violated the Law.

The Judiciary Committee of the Board of
Supervisors had another round yesterday
with the petition of John Flournoy that
Doctors Whitwell, Mays aud Hopkins, who
were exert witnesses for the defense in the
trial Of Carl Lundquist, be allowed certain
witness fees out the city treasury.
The other doctors, who were like wit
nesses fol- the prosecution, were allowed $50
a day each, amounting in all to $3.50 Judge
Heb5ard approved the bills and ordered
them paid and they were paid. Mr. Flour
noy, who was Lundquist's counsel for three
years without pay. maintained that such
discrimination was not warranted by law,
that expert witnesses for the defense were
as much entitled TO fees as when called by
the people.
As a matter of fact the law says the
Judge shall only allow fees for expert testi-
mOny when the witnesses are brought from
another county or are poor. Neither of
those conditions applied in this case; the
witnesses were residents and weil-tO-dO.
Hence it was clear, SO the attorney claimed,
that the Judge had OVeTSteppeG his author
ity in allowing those bills. A still greater
breach, FlOurnOy holds, was the diScrimina-
ton in favor of the peoples witnesses; but,
inasmuch as they had received their money,
and the law clearly intended that there
ouOuiu DG uO Observation-Disclosures -lc lHuuElL II
no more than just that the Judge should
allow the fees for the defense on the same
basis,
CHANGED HIS BASE.
Mr.. FlOurnOy's argument convinced the
Judge of The error of his ruling, and on
the principle that two wrongs do not make
one right he refused to allow the fees
claimed, but certified TO the Board of Super
Vi sors that they were just and reasonable
and should be paid.
In that condition they are now before the
board, and The committee wrestled with
them in vain for an hour yesterday. In tile
first place the committee thought that 500 n
day, the basis upon which the bills are
made, IS altogether too much. They be-
ieVed that So Il day would be ample, and
were on the point OF recommending them
upon that basis when ii was suggested that
such course would be unjust on account Of
tue other witnesses having already secured
their money on the $50 day basis. All the
members Of the committee agreed, however,
that they would willingly furnish expert
testimony the year around on basis Of one
fourth that amount per day.
One Of the witnesses for the people who
has received his pay at $50 day was Dr..
Washington Aver, Supervisor Of the Fifth
Ward. The question has been raised, and
some legal minds think it a good point,
whether or not DIR. Aver icing a Super
visor, had a legal right TO accept such fees.
IL IS Il hell-hHONN Jaw ludL no supervisor
or officer Of the city shall have any power
to contract any debt or liability in any
form whatsoever against the city,"
NOT IN MITIGATION.
The fact that DR.. Aver was summoned
into court by the usual court process, it is
said, does not mitigate the case in the least.
The law above referred to is statutory and
in the interest of public policy, and the Con-
stitutitn does net empower the court to ig-
more such law. The argument that DE-.
Ayers testimony was needed in the interest
of justice is held not sound, in view of the
fact that there are so many other equally
competent authorities on that subject.
There would be quite as much sense in the
court or other proper authority ordering
that Supervisor Ellert furnish drugs to the
county intirmaries in the interest of health
No one presumes for a minute that Super
visor Ellert could legally collect cent from
the city Tor drugs, no matter who ordered
them.
One reason for this law is that the Super
yisors would in SUCH cases be passing upon
their own demands, proceeding that all
good government repudiates The fact that
By mistake or undue assumption of power
by judge DR.. Aver got his money out of
the public treasury without having to vote
upon it himself in this single instance does
not weaken the principle at ALL II the
claims had gone through their proper chan
nelS the doctor could not have escaped voting
upon them.
The committee decided to lay the matter
over two weeks.