The daily sentinel., 1911-11-22
LOGAN 8 MILLER
WON'T FIGHT
BANK FEE
Special Counsel Discharged and Paid
Off.-Bucklin Outlines City's Po-
sition in Registrar Fee.-To
Carry Case Higher.

Logan & Miller. who acted as spe-
cial attorneys for the city. will not as
sist in the resistance of the S2.3OO fee
the Mesa County National bank asks
registrar in the distribution of the
kannah creek condemnation awards
Yesterday afternoon a communica-
tion was read from this firm by the
commissioners in which they declared
that as the final Judgment in the
case was entered they did not see fit
to continue to act as counsel for the
city in an unforeseen controversy
which grew out of the tria, of the
case proper Moreover, they have
been retained by the bank to act for
them IL the same case.
During the discussion of this mat
ter City Attorney Bucklin outlined in
a general manner the defense the city
will make against the payment of this
fee. 1t resolves itself into two
distinct cases, said he. First
whether or not the district Judge, who
was Judge Cavender, had right to
appoint registrar at all other than
the clerk of the district court This
will affect the iiabilityof the city as
the clerk would have handled the
funds without any fee whatever.
This matter" continued Mr.. Buck
lin, is, sofar as | can learn. without
a precedent and probably no authori-
ties will be quoted by either side. 1t
is customary to allow the clerk of
the district court TO do this work
indeed. he statute insists upon it
but Judge Cavender stated that this
was an extraordinary case in which
the funds to be distributed were 50
much greater than the bond given by
the district court clerk that he would
appoint a responsible registrar. The
bank, however, gives no bond at all.
This phase of the case may be han
died by attorneys without the intro
duction of evidence at all and should
be heard before Judge Cavender in
Leadyille. Judge Sprigg Shackleford
refused jurisdiction in the matter,
saying that as Judge Cavender had
made the appointment Judge Caven-
der should settle all controversies
growing out of the appointment.
The other phase of the matter
will come up if the judge rules ad-
verscly to the city and says that the
appointment was regular and legal.
Then the city will endeavOr to prove
that the compensation of $500 is
entirely too large. The city will
take the position that any bank
would be glad to have distributed
tie funds without asking cent be-
ing repayed in the advertisement and
extra business secured in the dis
tribution of the awards. This will
require expert evidence and Will be
expensive to both sides.
Judge Cavender, 1t would seem
TO n 3iaymau. will be In an anomalous
position If he rules in favor of the
city. as he made the appointment of
the registrar, r,andapparently Will have
to support that appointment to Keep
from reversing himself.
In their letter refusing to con-
tinue rs counsel for the city, Logan
& Miller also asked for payment for
services rendered and on motion the
bill of Sl,66G.65 was allowed. The
total bill of TINS firm handling the
condemnation suit was $500 and
the first payment, third of the
whole, was made some months ago.
This closes Logan 6. Miller's connec-
ton with the city as counselors.
A letter was also received from
William T.. Sweet & Company ask
ing the city to make an additional
payment for the services of the law
firm of Persning & Titworth. They
ask $50 additional, but arrange
ment was later made to divide the
bill between the city and the bond
ing house of Sweet & Company and
the city treasurer was last evening
authorized to settle the bill for SO.
charging the same against the street
car right-of-way Of the paving dis
trict.
Peter Chelius was given a right
to erect some additional buildings
on his lots at First and Rood.
The council then adjourned until