The Richmond climax. (Richmond, Ky.) 1897-1914, 1906-02-21

might deem Necessary and proper in be-
half of Madison County, Kentucky, in |
defense OF the suit of the Louisville and !
Nashville Railroad Company VS.. Gus
g. Coulter and others, and to watch |
and protect the interest of Madison |
County therein, either with or without
making Madison County party there |
to and for his services, work, care,
supervision of and attention to this
matter he was to receive an amount
equal to 333 per cent. of the taxes col
lected, if any, by reason
of the defeat of the said injunction
suit, in whole or in part, but that he
was to receive nothing for his services
and that Madison County was to be
put to no expense unless a recovery
was had.
He says that he agreed to ana under
took to comply with and discharge his
duty under the requirements of said
orders l and and that although no
suits we're actually instituted until the
year--, he did give his profession
al attention under the said orders to the
matter of the collection of back taxes
from the said Company, and did
watch and undertake to protect the
interest of Madison County, exercising
at all times that care, supervision and
attention over same required by the
said orders in The faithful discharge of
his duty Hereunder, taking such steps
by way of counseling, advising in and
studying said case as h deemed nee
essary and proper in behalf Of Madison
County, and he exercised this care,
supervision and attention from June,
| 1898, the time when the said order No.
l was entered. until January 1903.
when the sum of S55I449 was covered
into the treasury of Mad sou County.
Kentucky, by the L. and n. Railroad
Company, aud this recovery was the
result of the labor and efforts of able
lawyers in the state of Kentucky, with
whom this defendant work ed, counsel
ed and advised under the aforesaid
orders l, 2and 3, and the $4,000 fee
complained of was paid out of this said
sum, which said fee was only IL 3 per
cent, instead OF 3315 per cent to which
said defendant was entitled to under
! this contract
He says that the final and last named
order hereinbeiore recited, to wit: order
No. 3, was the order of the Madison
County Fiscal Court made by it, as
authorized and required by law, at the
regular fall term, 1901, held at the court
house in Madison County, Kentucky,
and in which said order the said court
fixed the salary aud compensation for
the attorney OF Madison County, to be
and who was cleo ed in November fol-
lowing the holding of the said court and
the entering of said order, for the term
beginning the first Monday i'm January,
1901, and ending first Monday in Janu-
airy. 1906
He says that the said order fixed the
salary of the said County Attorney at
one thousand collars year and
office rent and as a further part
of his salary ordered that he re-
ceive an amount 'qual to 331s per cent
of whatever back taxes, whether fran
chise property OF poll taxes from indi-
viduals or corporations, that he col
! lected or caused TO be collected from
year TO year.
He says that at the regular Novem-
Der election after the said order fixing
the said salary aud compens alton for
the said office had been made and en-
tered Of record by the said court, this
defendent by large msjori,y of the
votes of Madison County VS. elected
County Attorney of said cou ty for the
said term, and on the first Monday 10
January, 1902, following the said cleo
ton, he took the oath of flee and
qualified as prescribed by law as the
duly elected County Attorney of said
county, and proc ded and continued
to discharge his duty as such attorney.
duly commissioned, through Mt the said
term. He says that this 81 I'd order so
fixing his salary and compensation was
made prior to this defendan S election
to and qualification Tor said office, and
by the making of said order and fixing
of said salary and the eject of this
defendent to said Office thereon and
Hereunder, the rights of Madison
County and this defendant became
vested and the status of the said parties
unalterably and MECHANICALLY fixed
and determined for the said term.
He says that the money that these
plaintiffs claim was illegally collected
by this defendant was and Is part OF
his said salary and compe ,sation, as
fixed by said last named rider, He
repeats that the work and Joint efforts
of this defendant with othe lawyers in
the State OF Kentucky cul animated in
the collectio uf the said S5j14 40 from
the said Raj .Oe,l Company; that under
this said lei md his said contract
upon whic' lie as elected as County
Attorney IOr Madison c. UNITY, Ken
lucky, he was entitled to 335 per cent.
OF said sum so collected, Which 333 per
cent. amounted toSlS3S 165 and this de.
PENDENT las received only $3.50 90,
teGring unpaid balance Of SlOSS.l68.
He says that in the year 1908 after
this said defendants election to the
said Office of County Attorney for the
said term, he represented Madison
County in the collection of back taxes
and succeeded, in conjunction with the
Auditors Agent, in collecting and Gov
ering into the trea sury OF Madison
County the sum of $i6SS so; that under
his said contract with the said county
as said County Attorney, he was en-
titled for his services so rendered to
s35 per cent. of said sum so collected
which 333 per cent. amounted to
Sl562. 935, and for his said services in
collecting the last named sum of
S46SS.S0, he received the sim of SSO7 70
only, leaving unpaid to this defendant
the sum Of S754 543 the to- Il remaining