The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1893-12-29
FOR LEGAL SERVICES.
A Neat Sum Demanded From
0. p. BondholderS.

The Oregonian of the 2eth inst, says,
'"There is nothing immodest about the
compensation claimed by Fay & Gest for
legal services rendered the bondholders'
committee of the Oregon Pacific and
Willamette Valley Railroad companies
This committee consists OF James A
Blair, Joseph Wharton and Alexander
Brown, and Fay & Gest have sued them
to recover $48,7o5 as remuneration tor
legal services rendered in the interest OF
the railroad companies mentioned tor
period extending from June, 1892, to the
present time The amount of money
claimed is not the only interesting feature
of the complaint filed yesterday by Nc
CHM, Sears & Simon, for the plaintiffs.
"It begins by setting forth that the law
firm now composed OF John P. Fay and
c. H. Gest formerly included J. Park
Henderson. In July, 1892, Henderson
retired, and all the interests of the firm
and more especially in the litigation OF
the Farmers Loan & Trust Co., as trus-
tee, against the o. P. and w. V. rail-
ways, descended into the hands of Fay &
Gest, who were employed as counsel by
the bondholders' committee, of which
James A Blair is chairman. Plaintiffs
al1ege that they have rendered $45, $50
worth of legal service to the committee
and its representatives, and all their de-
mands for payment of that sum have
been refused. In addition to these serv-
ices, the plaintiffs at various times paid
out by request of the defendants for their
benefit the further sum of $3,455.5o in
the transaction of business. The total
amount due is $48,7 JOS, and for this
judgement is asked, together with legal
interest from December IS, 1898.
accompanying the bill of complaint is
an exhibit of expenditures and the
amounts due for services. Some of the
items are interesting. One of them is:
ITO services of Fay & Gest, obtaining
removal of T. E. Hogg as receiver,
81 ,ooo," and expenses of John P. Fay in
New York assisting in removal of Hogg
and obtaining subscriptions to $4,000
worth of certificates, $3.50" For obtain
ing a continuance of sale of the road
from March I to March 7 the amount
claimed is 81, 500. Another $4,000 is de-
manded for securing second postpone
ment of the sale to March ID, and for a
third continuance till June 28 similar
sum is charged. John P. Fay's services
in resisting the attempt of certificate
holders to remove c. H. Gest, F. K. Pen
dleton and John P. Fay as attorneys for
receiver are valued at $4,000, with $I8c
extra for expenses, and the price of his
work in resisting claims of Wallis Nash
and William M. Hoag for large salaries
and taking of testimony before Referee
Hufford in regard to same is quoted at
$I,75o. The services of Fay & Gest in
attending to alteration of the terms OF
sale in abandoning the upset price" and
offering the property to the highest bid
der for cash are listed at s., 900, with an
additional item of SIS.
eff the firm of Fay & Gest had no other
client than the bondho1ders' committee,
and succeeds in getting its account set
tied in full, it will have no reason to
complain of lack of remunerative bust
ness since June, ISe2."
Judge Fullerton made an order on the
2eth inst. discharging Messrs. Fay &
Gest from further services as attorneys for
the receiver of the o. P. r. r.