St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-03-08
SENATOR LEATIrE's BILL.
1t Is Roasted by FIX congressman
Macdonald.

Editor Globe: Reading in this morn
Ing'S issue that our senate had, in
committee of the whole. recommended
the passage of a bill prohibiting attor-
neys from contracting with their clients
for percentage upon the amount col
lected as their compensation, | sent for
a copy of the same to see what it really
was. | have procured copy of the
monstroSity, and it is as follows:
ut shall be unlawful for any attorney
to contract with his client. or other per-
son, that he shall receive by way of
compensation for his services the whole,
or a part or percentage Of any judy
ment, money, damages, or other thing
to be by him secured or received; and
any such contract shall be utterly null
and void. Provided always, that it shall
not be unlawful for an attorney to con-
l tract for a reasonable compensation for
7 any professional services to be by him
{ reGdered, aud that the same shall be a
lien on any Judgment, damages. or
thing by him to be secured or received"
Section 2 provides that "any person
who shall violate the above shall be
tpunished by fine of not less than one
hundred dollars, nor more than one
thousand dollars, or by Imprisonment
in the county jail"
it does not require microscope to
discover the railroad ear-markS upon
this bill, but it is well to call the atten-
ton of your readers, and especially all
of our business men, to the fact that
under it they could not contract with
any attorney to cOliecttheir accounts or
other claims for an agreed percentage
of any kind as his compensation. Fur
Their than this, the effect OF this bill is
to close the door of our courts against
every poor person who has a claim to
collect. the payment OF which is re-
fused; for no attorney would be willing
to do business for such poor people, as
under this bill it could only be done.
The bill is disgrace to our civiliza-
ton, and the argument advanced. that
it is needed to protect the poor from the
eXtortiOn of attorneys, is simply the
statement of what is not true and cam
not be sustained by the facts.
This attempt to conceal its paternity
deceives no one; tor we all know
that it has been introduced in
the interests of railroad companies,
who hope in this way to prevent
poor men, who have been injured and
crippled on their road, from seeking
that redress and justice in the courts
which the railroad companies deny
them. No man places his claim in the
hands of an attorney for collection until
after the company, or the person who
has caused his injuries, has refused to
settle with him. l assert. without fear
of successful contradiction, that this
bill is only asked by the railroad COM
pany, and that it will meet the cOndem-
nation Of every labOrng man in the
state and fair-minded citizens.
OF Ia.a Ia tNnr Of
sonal injury cases OH hand, and l have
never gone out of my Office to secure
one of them; and am prepared to show,
by my own experience, that in every
instance the contract entered into has
been at the solicitation Of the party
injured. Whenever | have brought all
action for a stipulated amount, payment
for which was. contingent upon success,
it was when the party had no means to
pay ana could not employ an attorney,
except OH that basis.
Our statute (Secti0n ), chapter So, in
defining the duties of attorneys, re-
dureS them, among other things,
"neyer to reject, for any consideration
personal to himself, the cause of the
defenSeleSs or the oppreSsed;" and the
attorney who would refuse to take a
case lin the absence of such cruel law
as is mere prOpOSeu) WOulu ViOldIe MS
oath and prove himself to be as heart
less as the parties who are urging this
| bill.
Notwithstanding assertions to the
contrary, do not believe that there is
any such law in any of the states of the
Union. There are laws prohibiting
champerty and maintenance, bat be-
lieve In every instance such laws per-
NIT the making of just such contracts
as this bill proposes to prohibit.
If this legislature desire to go down
| to posterity as the most pronounced
railroad legislature that has ever met
| in this state they will promptly pass
this bill; and in doing so they will in
| iuriously affect fully one-half of our
people who have other claims and &C
counts to collect.
j. L. MACDONALD.