The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-26
BUTTE News.
HOW HE FIXED THE FEE
Testimony Was Taken Before
Judge Clancy.
HE STRUCK AN AVERAGE
The Case OF Attorney J. b. McClernan
Referee in the Case of James
Davidson Against p. A. Lar
gey-He Gets sl .O2O.

Judge Clancy yesterday promulgated
just conclusion where opileors and its-
timony were widely divergent. The
matter under consideration vas the re-
port Of Attorney John b. McClerLan as
referee in the case of James Davidson
against +. a. Largely and others. a suit
for the sale and partition Of some mn
ing property. Judge Clancy had APP
pointed Mr.. McClernan as referee and
the latter sold the property To 7. NJ.
Hodgens for s5l. 600. The sale was %
firmed yesterday morning ana then 1t
came 10 a question of fixing the icf-
eree's fees. AT The request of Robert
Mcbride, who represented one ot The
parties to the ac-iDn, testimony WAS
taken as TO h would be "A reasonable
fec. Five attorneys gave tnelr Iesti-
mony, and their opinions We're interest
ing. as their idels of a reasonable fee
ran from 500 TO $500. Mr.. MCClerncn
was the first To testify aid ne ;Jid of
the work he had done before and after
the sale. and What more he hail TO do
TO close up the deal. So FAR. he sad,
his work had tak"n 10 portions Cf II
days, and he thought that c~0nsIdeiirg
the Importance OF me aldtlI III ire
amount involved, that s. 100 wou,d be a
reasonable fee.
]. l.. Wines gave it as his opinion
that 5 per cent. of the ISL 900 was rea-
sonable.
John w. Cotter said 81. 900 was a rea-
sonable fee. He thought that a MEM
Der of the bars services as referee were
Just as valuable as his services as an
attorney. Mr.. McBride asked both Mr..
what per cent. Sheriff Regain received
as referee Of the Michael Dewitt case.
where he sold the mine for s601. 900 and
received $500 as his fee. Both attor-
neys told Mr.. Mcbride to make his own
calculations.
Colonel Emmett Callahan. who was
called as a witness by Mr.. Mcbride,
said the minimum fee should be $500,
though $1,000 would not be unreason-
able.
IF the statutes should allow a ref
cree only 81 a day and the evidence
should show that Mr.. McClernan put in
10 days. what would you say as TO
that?" asked Mr.. Mcbride.
u should say that the statute ex-
plains itself, but / have never thought
that that provision applied TO this kind
Of a case, but only to a referee who
takes testimony in a case m reports it
u iit ilulAs
j. s. Shropshire said his opinion was
governed by the statute and the SUI
preme court decisions, on which ne
would say that IS a day was sufficient.
Mr.. Shropshire admitted that there
might be some conflict of the statutes
on the question and that II might be
within the discretion of the court Ia fix
a fee at a reasonable figure.
j. M. Hinkle thought that about $500
was a proper fee. and Thompson Camp
bell was called, but declined To express
an opinion.
Judge Clancy then took the question
in hand and said he did not think that
the - a day rate applied To a case where
property was sold and where there was
risk and responsibility.
Well take the figures Of the attor-
neys who gave their opinions as Ia what
is a reasonable fee" said the Judge.
Mr.. McClernan said s., 600. Mr.. Wines
s2,500. Mr.. Cotter 1000, Mr.. Callahan
$500 and Mr.. Hinkle $500. Add that all
together and IL makes $500. and that
divided by the number Of attorneys who
testified makes $1,000. Two per cent. Of
$4,000 is 81 ,020. and 3 per cent. is 81. $50.
| think 2 per cent. is low and reason
able and the court will fix the fee at
81. O20."
Mr.. Mcbride took an exception and
was allowed time in which TO prepare a
bill.