The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1894-01-05
OREGON PACIFIC AFFAIRS.
A Statement by MIR. John P.
Fay, of Fay & Gest, Att'ys
for the Receiver.

an article published in the Oregonisn on the
2sth inst. and reprinted in The GAZETTE:
PORTLAND, Dec. 29.-In reply to the ar
ticle in Yesterdays Oregonian, entitled
''Railroads in Court" permit us to say we
have received no notice of our removal as
the attorneys for E. w. Hadley, receiver
ION probation" of the Oregon Pacific railroad.
In view of this fact, we are not ut liberty to
criticise the above entitled article, nor the
pretended order of Judge Fullerton therein
quoted. Ii it should be necessary to go into
the details of the Oregon Pacific more fully in
the future, we shall then, no doubt be able
to speak with perfect liberty. For the pres
ent, we care only to say that for ten months
of continuous work, on the part of Mr.. Gest
and myself, involving labyrinth OF complex
and difficult legal propositions, embracing
and exploring every field of corporation, COM
mercial and admiralty law, we have received
the sum of $6,3ll.99. Out of this, consum-
ing it and much more, have been paid our
court costs in Oregon, California and New
York, and expenses of travel, together with
the expenses of appointing Mr.. Hadley re-
ceiver in New York, and obtaining the books
of the Oregon Pacific in that city in the
hands of Colonel T. E.. Hogg, who paid his
attorney to resist us the sum of $1,000 as a
lfee.
| Moreover, the former receiver, Colonel T.
Egenton Hoeg, paid for legal expenses dur
| ing the 26 months of his administration the
sum of S96, ,OOO and the same were allowed
by the referee duly appointed by the Benton
county circuit court. In comparison with
this we feel that the amount paid us is de-
cided retrenchment, and we, therefore,
wholly fail to understand how the most ser
ious charge made against the management OF
E. w. Hadley as receiver could be the ap-
pointment of ourselves as his attorneys, and
excessive payments thereto, and more especl-
ally since we have never received salary
from the receiver.
Whatever sunni been paid to us has
been allowed by Judge Fullerton, and Or
ders approving the items and directing the
payment thereof are on file, either In the
court of Benton county or in the records of
the receiver, SO that we fail to appreciate the
finding of the Judge that Mr.. Hadley 'has
paid his attorneys, especially, entirely too
much" At this time we cannot crlticise the
above remark. As we were not present at
that hearing, we are unable to state what
tactics may have been used to impress this
erroneous idea upon the mind of the judge,
but it is evident some one has personal end
to serve, whose wish was father OF the
thought, has vanished thefacts and grevlous.
ly imposed upon the court.
Judge Fullerton is reported in this article
as saying that 'Mr, Hadley, the present re
ceiver, took charge in March or April last
At that time the promise was made by GER
tain eastern bondholders that if Mr.. Hadley
was appointed they would subscribe the sum
of $4,000 Some time afterward this was
DONE was not consulted as to the distri-
button of this money, which was paid out by
Mr. Hadley and his attorneys without any
advice or instruction from me. do not
think it rightly done" As to this statement
the $40, 600 was obtained after long and diff
fcult work in New York city by myfelf and
my associate, Mr.. Pendleton. 1t was sub
scribed as fund to he paid only upon the
old unpaid labor claims of the Hogg admin
istration, which were still in the hands of the
employees themselves. The full history
of this transaction seems temporarily
to have escaped the memory of Judge Full
- A 10 4ha i,lna confirms
my statement and shows that one of the
express. conditions uponrwhich the $4,000
would be paid blythe Blair and Wharton
bondholders was that it should be paid di-
rect to the laborers upon claims of laborers
upon claims of labor due to them, which
they personally held and had not disposed
of, and not to. those Shylocks, who, crawl
ing between heaven and earth, by ways that
.'out Herod Herod," and "blurs the grace
and blush of modesty," had in the hours of
dire suffering, squeezed out of these labor
ers their labor claims, at from 25 to IS per
cent discount on the dollar. We did no1
intend to pay those cold d-blooded. .knaves, and
am gratified to sayithey did not get cent
Ol Lue Y4U,UOU L tulS O1ucT ouC
courts criterion offjustice, rejoice that all
men are not made alike. But l must re-
mind the judge that he expressed to. Mr..
Gest and myself, and think y.also..to Mr..
Hadley, his most unqualified approval at
the time the payments were made. "Tem
pora mutantur, ct nos mutamur in ills.
We are satisfied that in the suit now
pending in the circuit court of the United
States, for the district of Oregon. and en-,
titled "Charles Altschul VS.. the Oregon
Pacific and Willamette Valley & Cascade
Railroad companies, and E. W. Hadley, re-
ceiver," involving the Hand grant of S43,-
900 acres of land to the Willamette Valley
& Cascade Mountain Military Wagon Road
company, and made up of vouminous re-
cords and documents, Involving several
thousands of pages of manuscript and COW
ering history of former litigation through