The San Francisco call., 1898-12-28
REGENTS HAVE
 4 TILT OVER
 COUNSEL FEES Judge Wallace Brings on a Warm Debate. AN OBJECTION THAT FAILED MAJOR MHoON GIVES HIS FEE TO ASSOCIATE COUNSEL. The Recommendation for Degrees Are Unanimously Adopted-Names
 of Scholars Who Won
 Them.
AN OBJECTION THAT FAILED
MAJOR MHooN GIVES HIS FEE
 TO ASSOCIATE COUNSEL. .

| Judge William T. Wallace and Major
 J. B. Mhoon tilted Iances yesterday at the
 monthly meeting of the regents of the l University of California, and for long
 time the wordy combat looked as if it might end in the ruff1ing of both gentle mems temper
 | The discussion, which was repIete in nicety of expression, quiet sarcasm and forcible statements, was over the pay ment of 5000 fee to c. T. Bird of San Jose, which was allowed by Judge Fly land to the attorney for services rendered in foreclosing a 1000 mortgage held by the State institution against Tyler Beach on his St. James Hotel property
 The well-known jurist arose to protest against the payment of the fee, on the ground that 1t was excessive. In his re- marks Judge Wallace said he believed the allowance was binding, but he for one was not disposed to pay it if it could be avoided. Judge H. s. Foote, his fellow regent, stated that in the present condi- tion of the universitys finances he was adverse to paying the bill, and asked for information on the subject.
 Major Mhoon, who is the legal adviser of the board, then outlined the history of the transaction. He told of the employ ment of MT. Bird and of the valuable services performed by him. The fee was first fixed at $9OOO by the court, but on the objection of Judge Rhodes. former re- gent, it was reduced to 5000.
 Major Mhoon thought it would be deli cate matter for him to undertake the bur- den of determining the justice of the claim, but as matter of law he believed the Judgment was binding and the claim just
 The debate then went into a discussion on the right of the attorney of the board to employ outside counsel, and on motion it was decided that in future the finance committee and Major Mhoon should agree on counsel and the amount of their com pensation
 Judge Wallace said he hoped that in drawing up mortgages in future they would be made less ample, as it would save the university a large amount of money. He then delicately asked Major Mhoon whether he was interested in the payment of the fee, and the latter, in voice that had shade of anger in it, replied: 'To cut off all discussion, 1 will waive my share in the fee, so that there can be no question of the boards attor- ney ever accepting fee from the uni- Mr. Bird
 Undsturbed by the majors words. the aged jurist replied:
 II would suggest that counsel accept it and turn it into our treasury, 1t would save us that amount of money
 Without a moments hesitation Major Mhoon sharply answered: T think NIr. Bird is entitled to it, and I would not do it."
 Judge Wallace returned to the fray with a dissertation the legal profession, saying that no lawyer would demean him. self by informing a Judge that certain legal services were worth a less sum than the amount already agreed upon.
 Tn my opinion" he said, it is not worth more than $500 to foreclose a mort gage. We are all talking freely about this matter. 1 do not think the responsibility of MT. Bird was so great Any Well-in- formed clerk could have filed the necaS- sary papers in the case and have attended to it. At any rate, I am very clear that the court never intended that Bird should get the whole fee"
 'I am sure he did,'' retorted Mhoon. ! "He reduced it from s3O00 to 5000 after learning that I received $50 a month"
 As Major Mhoon would not accept Judge l Wallace,s terms and as the action of | Judge Hyland in the matter was legally | the money will be paid.
 Judge Wallace and Judge Foote tried to | mollify Major Mhoon by making a num- | Der of motions for the increase of his | salary. The first named regent eulogized |