The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-04-11
SUITS FOR Bic FEES
ARE CONF ROMISEO
Sui Against Seaboard Air Line
TO be Dismissed
REPUBLI0 co. INTERESTED
The seaboard Will Have to Pay Only
$4,000, and the Republic Com
pany Gets Out for
$45oo.
REBUILD co. IN IERESTED

Montgomery, April 0-(Special,)-T
company of Baltimore. to cover fees on
mortgage given by the Seaboard Air
Line railway have been, or will be dis
missed. Along the same line the Republic
Iron and Steel company, of Birmingham,
will be allowed to have recorded mort
gage for $1o,OO0ooO in Jefferson county,
by paving the record fees on only the
new part $3000,O00. This agreement was
reached at meeting of the compromise
beard, composed of Governor Jelks, Audi
tor 7. L. Sowell and Attorney General
Massey Wilson. The Seaboard Air Line
interests were represented by r. e. Stei-
ner of this city and the Republic COM
pany by Il. X. Campbell of Birmingham.
Some time ago the seaboard Air Line
railway gave TO the Continental Trust
company of Baltimore, mortgage on its
properties to cover an obligation of S76,
O0O, 900. Under misapplication of the
law, which allows 10 cents per $500 for
the recording of mortgages, and papers
OF like character, the probate judge Of
Russell county allowed the instrument
to be recorded. Later the state entered
suit against the Continental Trust COM
pany in the courts of Baltimore to re-
cover $112.500 in fees, two-thirds to go
to the state and one-thrd to the county,
as the law provides. The Russell county
suit was tried last week in the United
States court of Baltimore, but the other
for the state was not to come up for
several days yet.
Republic company's Mortgage.
The Republic company gave new
mortgage for s10,O0000O and when Probate
Judge Greene of Jefferson county refused
to record it without payment for the
whole amount, mandamus proceedings
were brought to compel him to do so
on the ground that only a small portion
covered new ground and it was simply
supplemental to what had already been
filed and paid for.
After going into the cases today the
compromise board decided to accept the
offer of the Seaboard Air Line company
to pay for that part of its loan which
was new. 1t amounted to $40 600 900, this
being added to an old mortgage for $685.
100000. The fees would be on this amount
$4,000. one third for the county of Rus
sell and two-thirds for the state. This is
the amount that will be paid in the
agreement reached today.
II was conceded that the Republic mort
gage carried 100000 of new obligation
consequently 1t was due $500 which is to
be paid, one third to Jefferson county and
two-thirds to the state.
The money will be paid over to the
treasurer tomorrow that being the under
standing between the members of the
board and Messrs Steiner and Campbell
today The suits will also be withdrawn
in Baltimore
The costs In the cases filed In the courts
of Baltimore will be paid by the state,
as well as the attorneys fees, which will
amount to a nice little sum. The court
fees will not amount to a great deal, but
the attorney fee will be considerable, as
It is understood a pretty good contract
was given to the gentlemen who took 1t
in hand.
1t was taken into consideration by the
state that there would be long litiga-
tion to get the whole amount, and may be
loss In the end; also that the law is not
very clear as to the old and the new
amounts. and the equity of the contention
that after fees are paid a certain
amount 1t is a good argument that the
fees on the same amount ought not to be
paid again simply because there had been
an addition to the obligation all of which
made Ii seem that the most reasonable
thing to do is to accept the money on the
new amounts and release that which
would only be for the obligations before
taken care Of
The Manhattan Trust company of New
York case, wherein is covered a mort
gage on the Louisville and Nashville's
South and North line to cover a loan of
50 00O. 600, was not considered In this case
the company has paid the fee OF $1,000 and
has sued for its recovery, being decided
against by Judge Thomas of the city
court 1t will go to the supreme courta 1t
Is contended that this carries only new
obligation and has nothing supplemental
like the others