The Montgomery advertiser., 1903-06-26
THE MACDONALD CASE
JURY DRAWN TO HEAR MATTER
 OF ATTORNEYS FEE.
State Claims Large Amount From Montgomery Lawyer Who Served
 in Tax Litigation-Gover- nor Johnston e Witness

The motion for summary judgment In the case of the State against Gordon Macdonald. well known lawyer. was called yesterday in the civil division of the City Court of Montgomery, pleadings were ruled on and the court entered into the examination of witnesses.
 The case, 1t will be remembered, is to compel Mir. Macdonald to hand over to the State Treasurer T,706.4S collected by him as a judgment in the famous Kidd tax case. which went from the Commission CTS Court of Fillmore County through the Supreme Court of the United States. Of this sum Mir. Macdonald turned over at the time of collection to the State, a por- tion and the balance he held on his claim of attorneys fees in case of State vs. the Kidd estate.
 In attendance on the court as witnesses are Judge w. J. Wood of Evansville. Ind, formerly State Back Tax Commis- sioner and ex-Governor Joseph F. John- ston of Birmingham. by whom the de- fendant was employed to prosecute the Kidd cases.
 A fury was drawn yesterday to try the case. The following persons are serving: W. T. Neu, Dan Starr. Jr.. George L.. McGough. H. R. Mcdonald, J. B. Gallo way. J. S. Broadway, J. N. Dean, Will liam O. Davis. H. Blumhardt, w. Cosby. I. N. Mitchell.
 Judge A. D. Sayre is presiding over the court. Immediately on the court being called to order yesterday, demurrers were filed by MT. Macdonald's attorneys to the motion for summary judgment, which were overruled by the court.
 The demurrers were as follows: "First-That F appears from said mo- ton and the written notice served. that the same would be made on the defend ant, that the plaintiff demanded of de- fendant the entire amount of tho money A,,A< oAt ad him as attorney for the State of Ala bama when, as a matter of fact. defend ant was entitled to lien on said moneys | so collected for the amount of his fee in | said case.
 "Second-That 1t appears from said mo- | ton that defendant was attorney for the | State of Alabama in the case in which | said judgment was obtained. and that as | q matter of law, he was authorized to re- | tain out of the proceeds of the said judg. | ment. his fee in said cause for services rendered therein; yet the demand. a: shown by said motion. was for the entire amount of said judgment.
 | "Third-That it appears from said mo- | tion that the demand alleged to have beer made on this defendant was excessive ant | uuwarranted by law, and that it was no the duty of defendant as the attorney fol | the State ot Alabama, to comply witt | said demand as so alleged to have beer l made.
 "Fourth-That 1t does not appear iron said motion that at the time of making
 said demand alleged in the motion on de
 fendant, he was bound to pay over sait
 money so alleged to have been collected
 to the plaintiff
 "F'ifth-That said motion wholly fail
 to show when defendant collected tn
 said money, or that he was allowed
 reasonable time in which to settle witt
 the plaintiff for said money so collected.
 Pleas were filed setting up that the de
 fendant had been employed by the Gov
 ernor of the State in the prosecution o
 the suits for the collection of taxes i
 dispute then before the Court of Com
 missioners of Fillmore County.
 Demurrers were filed to these pleas b
 Attorney General Massey Wilson: that th
 Governor had no right under the law |
 employ counsel for the State and al
 though MT. Macdonald may have per ] formed services as stated in the plea from the inception of the proceedings l. the Commissioners Court of Elmor 1; County to the United States Suprem F Court still he could not retain out of tn funds any attorneys fees whatsoever The demurrers further set up that 6
 the State could not be sued, no deman
 growing out of the same transaction an by way of recoupment could be set u
 by the defendant against the State, a