New-York tribune., 1908-12-20
WANTS FEES RETURNED
Er-ReceiUer of Brooklyn Bank Calls
Them E.rcesSiUe-Returns 81 900

Kingston. n. Y. Dec. 1a-In applying FOR his final
discharge one OF the receivers OF the Brooklyn
Bank. of New York, and the cancellation OF his
bond, Charles NJ. Higgins. OF Brooklyn, to-day
asked Supreme Court Justice Belts TO review pay
ments made to the two receivers and their counsel
in passing on his final account and require that
alleged Illegal and excessive fees be returned to the
bank. which is again in operation.
Ex-Receiver Higgins has returned $4,000 OF g
$1,000 fee which Justice Belts allowed him last
June. because, he said. he considered that amount
excessive. His co-receiver Bruyn Hasbrouck,
of New PaI.z. and the amount # fees allowed them
$4,000, which Mr. Higgins asserts is Sll9Sl o4
in excess of tue legal limit
Mr.. Higgins also sets up a contract which he
says was executed by the receivers whereby their
counsel JameG c. Church and J. Edward Swan
strom, Of Brooklyn, agreed t. perform their duties
for a period of twelve months for $4,000. and pro-
portionateIy less If the contract, OF receivership
terminated within that period. Counsel fees Of
$22 900 were allowed when the bank resumed busi-
ness. early last summer, after an eight months sus
pension.
Explicit instructions to call the courts attention
this and TO the amount of the receivers
fees allowed by statute dsregaTded, according
to Mr.. Higgins. and instead of performing their
duties to their clients or the court they allowed
Justice Belts to understand they were entitled 10
more than their contract would allow them he
charged the Attorney Generals Office with being
negligent in permitting excessive fees TO be paid
Charles N. Stafford, who represented ex-RecelVer
Higgins said he understood that Attorney General
Jackson was not present because Of his serious
illness, but the absence Of others interested was
inexpIicabIe. The matter was adjourned until De-
cember IS application Of Philbin, Beeknlan q
Menken, attorneys for the bank, In order that ex-
animation may be made of the receivers accounts.
Poughkeepsie n Y Dec. I9.-Bruyn Hasbrouck,
co-receiver of the Brooklyn Bank, when seen at
New PaItz tonight said that had not Deen
officially informed regarding Mr.. Higgius's action
to compel the return of d part OF the receivers
fees and did not know what action he would take
James c. Church, Of Church & Swanstrom, coun-
sci for the bank said last night thar the payments
to the receivers had been passed on by the courts
and the payments made, and that the request OF
Mr.. Higgins for review Of the payments was alto
gether inopportune. He said that there was no
precedent for appeal through the courts from
the court decision by which the payments were
fixed He could not understand Mr Higginss rea-
sons he said for believing that the total amount
Of fees allowed was in excess of the legal limit
s S Menken, of Menken, Beekman & Philbn.
when seen last night explained that the amount
returned by Mr.. Higgins the residue from the
fee allowed him after his actual expenses II carry
ing on the recevershp had been deducted
Hardly had Charles S. Higgins been appointed
co-receiver with Mr.. HasbrCuck for the Brooklyn
Bank when serious differences arose between then
over the policy of administering the receVersIlp-
When argument TO show cause why the receiver
ship should not be made permanent was heard Dy
Justice Belts at Kingston. y. Z. and later at Al
bany Mr. Higgins employed counsel 10 protest
against the appointment of Charles NJ Doison Tor
rneriy Assistant Attorney General as counsel Tor
the receivers. On the other hand. Mr. Hasorouck
approved Mr.. Dolson's appointment Mr.. Dolson' $
appointment was approved. but later he was sue
ceeded by Church & Swanstrom
After the hearing Mr.. Higgins quoted as
saving that the Attorney General had upbraided
him for protesting against Mr.. Dolson and had
threatened to have him removed as receiver.
Later, when the question OF reopenlng the BROOK
lyn Bank was being discussed, Mr.. Higgins gen
araIIv DISAGREED with sir. HasbrOuck on points OF
policy The question Of counsel again became
bitter point for controversy, and Mr.. Higgins vlo-
lentlv objected to the men suggested by Mr. Has
+he hank