The Dawson news. (Dawson, Ga.) 1889-current, 1910-01-12

TOPEKA, Kan.-A suit that
started over the nOnpayment of $50
demurrage charge by the Missouri
Pacific Railroad Co. to the Larabee
Milling Co. of Stafford, Kan, has
turned into a suit to collect nearly
100000 in fees. The fees claimed
in the case are 1,e0e times more
than the original amount
The milling company retained
some Missouri Pacific cars at its mill
longer than the rules of the company
permit. The railroad demanded $50
demurrage charge, and the mill men
refused to pay. The Missouri Pa
cifc refused to switch more cars to
the mills. The Larabee company
made application for writ of man
damus in the Kansas supreme court
to compel the railroad to switch
ears. The court allowed the writ
and the Missouri Pacific appealed
TO the supreme court of the United
States. This court sustained the
Kansas court. The company is now
switching cars to the mill.
AS is customary the losing side
was assessed the costs Of the law
suit. The actual costs were not
heavy. About $500 would pay the
ices of the clerks and court officers
But the Larabee company put in a
bill for costs for its attorneys on
the ground that as the Missouri Pa
cifc had caused it such loss of bust
ness by the failure to provide suffi-
aio nj toh
needed that the railroad ought to
pay the entire bill of expense the
millers incurred in the case.
Real Trouble Starts.
When the bills of the lawyers
came in to the court the Missouri
Pacific attorneys threw up their
hands. One bill was for $4,000,
another for $4,000, and there were
numerous small bills for attorneys.
The railroad company baked, de-
claring it a systematic effort to
mulct the company.
Then began a legal battle that is
being fought harder than the orig
fnal suit for $50. The Kansas SUI
preme court has appointed a COM
missioner to determine what reason
able attorney fees are in this case.
When he fixes the fees and the court
allows them it is practically certain
that there will be another appeal to
the supreme court of the United
States. Also it is highly probable
that there will be further proceed
ings even after that as the attOr-
neys for the attorneys who are
claiming the big fees will want to
collect fees of their own and the
railroad company will be asked to
pay.
Joseph o. Waters of Topeka is the
leading attorney for the Larabae
Co. Numerous voluminous briefs
and other legal documents were pre-
pared and submitted to the two
courts. Mr. Waters made a 15-min-
ute speech before the Kansas SUI
preme court, and talked for an hour
and one-half before the supreme
court of the United States. For this
work he asked $4,000 and his ex-
penses.
Assistant Only Asks $50, 600.
Charles Blood Smith, also of To-
peka, was an attorney in the case.
He made a 15-minute argument to
the supreme court of Kansas, and
4 Commute speech to the supreme
court of the United States. Also he
aided preparation of the case, work
ing out details of procedure and the
briefs. For this he asks 100000.
Then comes other attorneys who
worked out minor details, and hunt
ed legal references and citations,
and then the stenographers and
clerks had small but necessary parts
in the preparation of the case, and
they ask fees varying from 500 to
$4,000. The total fees are little
more than $4,000.
The commissioner, to determine