Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-01-06
Councils Course IN Employing
Assisting Lawyers Fully
Explained
THE CONTRACT SET FORTH
Its Provisions Covered One Case Only
and Counsel For Second Case Was
Employed Afterwards on a New Bas-
is-campaign Construction of Con.
tract Will Not Hold.

Because there is disposition In
some quarters to find fault with the
course of the city council in employing
lawyers to defend its paving assess-
ments In court and because n few mis-
been made In these columns the infor-
nation having been hastily obtained
from the city attorney by conversation
In the court room where he was busy
with trial the T.-It. has secured from
Mr.. Van Law a formal statement of the
facts which are that:
For the trial of the first case there
were two written contracts, one entered
into with the firm OF Boardman. AL
drich u Lawrence, wherein II was
stipulated that the said firm, for assist
ance In the preparation and trial of ons
of the appeals then pending, they
should receive the sum of 5000. In add
dition to this compensation there was
to be paid. under the terms of the con-
tract, $50 to the said firm as II retainer
fee, barring them from appearing
against the city In any paving appeals
arising out of the assessments made
on the contracts from street improve
ments of the year 1903.
".The other written contract was the
one entered into between the city and
myself, which stipulated for II payment
of an attorneys fee in the amount of
f,c tttn nf
one of the paving appeals then pend
ing. For services to be rendered In con-
nection with all other of the appeals,
this last written contract provided that
the compensation therefore should be
agreed upon between the city council,
acting thru the judiciary committee,
and myself.
There was no oral understanding
with reference to any additional ser
vices In the trial of the other cases at
the time these contracts were entered
into. The Brown case was the last
case tried by Judge Caswell during the
last August term.
Before entering upon the trial. the
matter of trying the entire seventeen
appeals then pending, arising from the
Fourth avenue and Church street, was
discussed. and 1T was thought that 1t
might be feasible to try all of these
cases together, thus saving time and
necessary expense Incidental to their
litigation. Upon this suggestion there
was some talk with reference to the
OF attorneys appearing
for the city, should these seventeen
cases be tried at one time. but after
starting into the trial 1t soon became
evident | believe, to the satisfaction OF
the attorneys concerned on both SIDES,
that no such procedure could be fol-
lowed without injecting into each case
a great amount or confusion. Hence,
this method Of combination of the cases
for trial was very speadlly abandoned.
The trial of the Brown case was pro-
ceeded to its conclusion. Before It's
conclusion 1T was evident that many
questions were raised In this case that
were common to all; hence, II these
questions could be disposed OF to the
of litigants 1t would simp-
lify the disposition of all of the other
cases.
IL believe I am stating the under
standing correctly when ! state that
the court and all counsel arrived at the
one common conclusion that IL another
case could be tried to Judge Burnha1n.
the colleague of Judge Caswell, ana
they, by their conference and discus
sion of the common questions lnVolV-
ed should arrive at a common conclu-
sion this common conclusion might be
accepted more readily by the litigants
In the other cases, as an adjustment OF
The questions involved in common in all
the cases. If, upon consultation be-
tween the judges, no agreement could
be reached, of course, each presiding
Judge would decide the case submitted
to him as he viewed the law with re-
spect to each of such questions. Not
that either of the presiding judges
needed the assistance of the other In
the disposition of any question raised,
but that out Of the discussion of coun-
sci and court there might be arrived
at some conclusion which could be ac-
,epted as q rule and determination OF
the questions involved in the other
cases, and eliminating, IL possible, the
necessity of their further litigation.
after the submission of the Brown
case and in contemplation Of the trial
If another case, in carrying out the
above suggestion and understanding an
,ral understanding was had between
he judiciary committee Of the city
council and Mr.. Boardman that the
compensation for the trial OF this Sec
md case should be at the rate Of $25
Der day for actual time spent in the
rial of the case for his services, and
ike compensation for myself. 1t was
lot determined at that time which case
should be tried, but that another case
should be selected, and subsequently
low being tried.
"The firm of Boardman, Aldrich &
lawrence have never authortatively
appeared in any of the other paving
,ases pending and they do not now SO
appear.
with reference to the written con-
ract between the firm Of Boardman,
Aldrich & Lawrence, under which the
Brown case was tried. and concerning
which inquiry has been made, have
10 occasion to change or modify the
statement made with reference thereto
asst March. The city has fully paid the
mount therein stipulated to the firm
# Board1nan, Aldrich & Lawrence, and
IL obligations Hereunder, Of the city
f Marshalltown, has ceased, and is at
n end.
yours very truly.
&c. II. VAN LAW"
rLo Noa&.,o%