New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-18
MONDAY,
NOVEMBER IS, 1895.

has been on the point Of bringing the case to an
end and many times short extensions or time
only have been allowed TO the contestants 10
take testimony. The case. however, continued
20 occupy the attention Of the Master In chan-
Gerry. and testimony had been taken az az intefVa,S
through many years The suit Of Theodore A.
futile against Horace r. Claflln * Co. has been
almost long a time before the Circuit court:
An appeal has now been taken TO the United
States Court Of Appeals. and final decision may
be had next year
THE FRUITS OF VICTORY.
typical case Of long and useless litigation
in the United states courts is that Of the Web
ster Loom Company against Elias : Higgins
and others II arose out II the use Of a patented
machine in the manufacture Of carpets IL be-
gan on June 3 1874 and lasted for eighteen
years II was warmly contested. and after three
years OF litigation the appeal was dismissed.
An appeal taken by tho Webster Loom COM
pany 10 the United States Supreme Court. An
appeal 10 that tribunal formerly necessitaied n
delay of nearly three years. The Judgment OF
the Circuit Court was reversed IN lss-. ana the
plaintiff might then have hoped for the speedy
return 10 II of the expected profits The matter
was however referred 70 Master n Chancery
10 ascertain how much damage had been sur
f,rod by the use OF RI patented article. Testi-
mony was taken at frequent intervals through
r,erod OF several wears Witnesses were exam
ined and re-examined In the lelsurely way usual
in such cases The original counsel were super
seeded by others. the principal defendant died
and the made slow progress. At last, tns
long expected report OF the master was received.
and IL was confirmed awarding p the plairtin.
after the eighteen years u litigation. the sum
Of six cents The only persons who received
any benefits from :he long trial were The sue
cessive lawyers who represented the liugants at
different stages ~ the case
The United states Judges have. IN the last
eight years. made earnest efforts 20 dispose ~
all the old cases. and they have met with un-
usual success. The calendars when Judge La
combe was appointed O his Office were loaded
wi -
revenue laws. Some - the cases were over
twenty years Old and little attempt had been
made by either the Government or by the lawyers
representing the plaintiffs 70 bring the cases n
trial In a large proportion - these actions at
tOrneys had secured assignments n the claims or
had accepted the cases IN contingent fees
OF half ~ the amount recovered Ir.er the sYs-
TEN formerly In use az the Customs House pro
tests against the imposition ~ duties were
pinned 20 the invoices or other papers hled az the
Customs House. Charges have been made that
some lawyers through the favor of Customs
House clerks, had an opportunity 10 examine IN
voices after they We're filed. and attached pro-
tests 70 many. which had not originally been OBJ
jected TO- Thousands Of such suits were be-
gun and allowed 10 remain on the calendars o.,
the Circuit Court. Many stories are told " tho
unusually large compensation received by soma
attorneys in these casee
BIG FEES N CUSTOMS CASES.
An old official formerly connected with the
United states Circuit Court said regarding these
cases: MANY Of them were tried by Almon W.
Grlswold an able lawyer. who had many years
before possessed large fortune. but who had
lost a considerable amount u his property. lie
had control Of many Of these actions. and when
they were finally tried he successful In OBJ
tanning verdcts against the Government. which
were sustained by the United States supreme
Court The Government officials succeeded IN re-
ducng the claims made. but the sum II money
finally obtained from the Government was very
large Mr. Griswold had a handsome house az
Riverdale. and was a most enthusiasts collector
Of old. rare and handsome books. HIS library
extremely valuable and he enjoyed greatly
he possession Of his treasures ~ binding ana
the typOgr tphc art. The result Ot winning
many ~ the suits was 10 restore his large FOR.
tune. He is said 10 have made several hundred
thousand dollars within lew years He died
suddenly. being attacked with weakness os the
heart on the elevated train, and DYING on a
station Of the elevated road. on aghting from
the train. Other great fees were made ~
Stanley, Clarke {. Smith the compensation OF n
quarter Of q million dollars being received. IL IS
! said. on the settlement 81 single class OF
cases. MANY Of these cases We're controlled by
| Mr. Curie. another attorney. who also was sue
cessful in litigation against the Government
There still remain unsettled. customs cases N
the United States Courts. the Oldest ari'inS our
| Of duties on manufacturers Of hair. some OF
these cases are nearly twenty years old. The
hat material cases have not all been disposed
~ There We're over thousand u these cases,
the admission Of all sorts Of articles being
sought on the ground that they were hat mater
ials and protests were made against the impo-
sitfon Of duties higher than those on materials
used in the manufacture 81 hats In some
] classes II suits single opinion Of III" United
states Supreme Court has decided hundreds oc
case. The importers believe that the had won
che important class OF cases and the money
was about ~ h. paid over by tho Government.
hut one Of the last acts NJ President Har.
riso- vas 10 forbid the payment 81 certain claims.
which have not since been adjusted boy the pres
ont Administration. Assistant United States
/ Dstrict-A ttOrney Plat has had charge ~ most
/ of the litigation arising out of customs dulles.
/ and he has won many ~ them for thu Govern
n.ent securing large educfi0ns in cases In which
! a verdict for the Government could not be Sc
] cured