The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-03-31
Special to the Post-rntelIigeneer.

n
CoLrsx. Wash. March so.-Supeytor
Judge William Mcdonald today made q
ruling regarding attorneys fees In fore
closure cases. which attorneys claim IL n
direct opposa don TO the ruling Of the su-
prene court IN the same matter. as re-
corded IN the case OF Haywood vs. Miller,
IA Washington. eco. The ruling by the
local court was made IN the case Of the
Vermont Loan and Trust Company. fore
closing a mortgage against ]. D. Grier.
which mortgage provided for $500 attor-
neys fees. and the court refused 10 allow
more than 500. oyerruling the plaintiffs
motion. The courts opinion Is remark
Aele. and Is given In full:
And the court being fully advised IN
the premises, refuses 70 modify said lUcg-
gaseriS, allowing any greater attorneys
fees In said action than the sum hereto
fore allowed. te-wts: The sum CT $50.
Tor the reason that he deems a Larger sum
than 500 attorneys fee in this case 10 be
unjust and uDconsclcnAole, and for the
f4FtneE reason that since making the de-
cree IN this case plaintiffs attorney adj
nittsd 10 the court that for q consider
able time prior 10 bringing this action, ne
had been employed by the plaintiff on a
stated annual salary, while he claimed
that his contract with the plaintiff had
been changed at the time OF bringing this
action. 50 that he received all the attor-
neys fees stipulated in the mortgage in
the foreclosure proceedings brought On
ted to the court that part Of the attorneys
Zee 50 received was 10 be RENTED, but 10
whom RENTED he did not say. That the
court conSIues a contract 70 pay attoT-
neys fees 20 be intended 10 Indemnify
the payee or the note fer money paid 10
the attorney in bringing an action upon
such ohliga ton, and that IL was not the
intention OF the legislature or OF the par
ues 20 Sucn contract TO permit the
payees or holders OF such obligations TO
speculate IN the protest. onai services OF
attorneys, and IL Is the duty OF court
OF equity 10 constTue such contracts be-
tween the parties thereto upon principles
OF justice and fair dealing.
mat avarictous and rapacious parties
piaintih many times practically compel
their attorneys IN actions OF this kind In
many cases TO ask as attorneys fees sew
eral times the amount actually paid the
attorney for his services.
thaf while Snylock may demand a
pound OF flesh, the conscience of the
court. unless the bench be occupied by a
barbarian. WI compel the court to refuse
10 accede 10 such unconsc.onable de-
mands, and to see that Justice and moth
ing more, Is done both parties
The court for these reasons overrules
the motion and refuses 20 accede TO plain
TINS demands TO modify said judgment"
To this ruling plaintiff excepted and
gave notice Of appeal 10 the supreme
court. Mcdonald Is a Populist. and was
elected last fall by an overwhelming ma
Gus abuses in the courts Since his in
stallation ne has made many iconoclastic
rulings. most OF which have been well
received, but the reversing of the opin-
Ion OF the supreme court because that
bench Is occupied by "barbarians'' is a
departure which subjects HIM to severe
ceDslre by attorneys.