The Norfolk weekly news-journal., 1907-03-29
MAY D|SBAR CAPT. FISHER
CHADRoN LAWYER CoNFRoNTS
STATE PROCEEDINGS.
IN CASE BEGUN IN NORFOLK
Action Of Attorney Following Death
Of Patient at Norfolk Hospital, Re.
suits In investigation Into Chadron
Lawyers Methods.

The News: Disbarmcnt proceedings
confront Captain Allen G.. Fisher of
Chadron, one of the prominent lawyers
of Nebraska. The claims committee
of the house of representatives de-
claros that Fishers conduct has been
irregular, illegal and unprofessonal in
the case Of the claim OF the heirs of
Herman Goode against the state of
Nebraska A ripple of amazement
swept over the house this morning on
the reading of the report OF the claims
committee by Chairman j. w. Arm.
strong.
The report recommending that Cap
tain Fisher of Chadron be disbarred
was unanimously adopted today.
Man Died In Norfolk.
The committee has been Investigate
ing the Goode case for some time, but
the result seems to be surprise to
all concerned. The report Is conclud-
ed with the recommendation that the
attorney general be instructed to in
stitute Immediately disbarment pro-
ceedings against Captain Fisher. On
February %, 1899, Herman Goode of
Sioux county died intestate at the hos.
pital for the insane at Norfolk, Neb.
He was the owner of a section of land
In Sioux county, and his only heirs
were a brother and sister in Prussia
the sister living at Bielefeld, Westpha-
liza, Prussia, and the brother at Buren,,
Westphalia. Herman Kaup of West
Point, Neb., was appointed by these
heirs as their attorney to settle the
estate and send the proceeds to them.
Mr.. Kaup, in the execution of the
trust, appointed Captain Fisher as his
attorney to settle the estate in Sioux
county, under the agreement that Fish
er was to receive all funds realized in
excess of $1,000.
The German heirs were prohibited
by the laws of Nebraska from inherit
ing the property, but the provisions
of a treaty between America and Ger
land and appropriate the proceeds.
The county attorney of Sioux county
instituted proceedings praying for a
decree escheating the land to the state
of Nebraska, and in so doing the legis-
lative committee declares it's belief
that the county attorney acted in vio-
lation of treaty rights. Captain Fish
err, in the answer which he filed for
the heirs, joined with the county at
torney in asking the escheatal of the
land to the state. The district court
handed down the decree of escheatal
October 5, 1899. A week later the land
was appraised at $1,000, according to
the testimony of the appraisers, who
were called before the committee.
Later the figure l was feloniously in
serted before the figure 5, thus making
the appraised value 81, 500. In 1901
Fisher, for the Goode heirs, filed a
claim for $4,000 for the value of this
land which had escheated to the state
The legislature rejected this claim.
When Captain Fisher filed the claim
for the Goode heirs with the state
auditor in February, 1908, it was for
81, 800. This claim was also rejected
by the legislature of 1908.
Fisher Gets Land.
In 1906 Captain Fisher offered to buy
for $3.50 the Sioux county land and the
claim of the German heirs against the
state. The brother and sister in Prus-
STA were tired of waiting for the pay
ment of their Inheritance, so they ex-
ecuted a deed and sent it to the First
National bank of Chadron to be deliv-
cred to Fisher upon the receipt of
$3.50. On November 20, 1906, this deed
was received by the Chadron bank,
and it remained there until March 3,
1907, when Mr.. Fisher paid the $3.50
and took the deed. This was done on
Sunday and early the next morning he
garnisheed the money and caused 1t
to be retained in the bank at the suit
of his wife. When the cashier of the
bank was called before the legislative
committee this garnishment was re-
leased. Mr. Fisher, while on the wit
ness stand declared that he supposed
this money had been sent to the Ger
man heirs.
This year Herman Kaup of West
Point, becoming suspicious Of Fishers
long delay and learning of the claim
presented for $11,50O, applied himself
in behalf of the heirs to the legisla-
ture for the $500 appraised valuation
of the escheated lands. In this way
the matter came before the claims
committee. The claim of Kaup has
been rejected on the opinion of Attor.
ney General w. T. Thompson that the
decree of escheatal of the district
court of Sioux county was void be.
cause of its violation of the treaty
rights of the German heirs. The heirs
will receive their $3.50. and Captain
Fisher has title to the land.