The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-03-03

of appeal should affirm the judgment
! below. Such a court Of appeals die
affirm the judgment below, and thus
opened up all of the gates of litiga'
ton. In writing to you, I stated tina
| in Difference to your wishes | coulC
only make suggestion there, for al
Of the services to be thereafter rem
dered in these cases an additional s.,
900 with that we had therefore charg
es should be allowed, with the pay
ment of personal expenses when
was away from Columbia attending tt
the business of the commission.
II also made some suggestions with
regard to the detailed work which
might or might not arise so as tc
give you some idea of what migh
| likely be the fee that would be charg'
ed. The decision, however, of the cir
cult court of appeals being SO much
at variance with our ideas, and really
was of such a character as to have
swept away every dollar that the
State might have in the dispensary as
sets in the event that it was not re-
yersed, the matter of course left US al
most without any criterion upon
which to suggest fee. Besides it
was necessary to have counter, or
parallel, decision from the State su-
preme court before the United States
supreme court for argument, and
these two cases were actually argued
together.
Fees Reasonable.
i"In view, however, of the sugges-
ton made by me at the time as an ap-
proximate estimate, I will be satisfied
with the additional $4,000 then sug-
gested. I wish to say, however, that
I have endeavored as far as I could
throughout the whole of these pro-
ceedings to proceed i'm a economical a
manner and to make my fees as
small as possible, so that there could
not be any cavil on the part of any
one as to the amount of my charges,
and 7 have not at all undertaken to
fix them upon the basis Of what other
lawyers have suggested to me or what
the lawyers upon the other side would
undoubtedly have received by direc-
ton Of the court. I hope this will
meet with your approval and will be
satisfactory to the commission
To this is appended a formal state
ment of his services from January "a,
1908, to November 10, 1909, for which
he charged $4,000, Of which amount
he had been paid $4,000. SUBSEQUENT
ly he was paid $4,000 by the commits
sion, but this was not acceptable as
appears from Mr.. Abney's letter of
December 10, to Dr.. W. J. Murray,
chairman, which is as follows:
Mr. Abney Disp1eased.
''I am in receipt of a check for S4,-
900 balance fee for professonaISser-
vices rendered your commission. The
account I rendered was for balance
of $4,000 which was approved as
understood, but now I am informed was
subsequently changed to the present
amount. The reasons Tor which such
change were made are unknown to
me. Notwithstanding the presenta-
ton of my account, the action of your
board was wholly without any COM
munication or interview with me and
was without my knowledge. The res
olution of the board is very great
disappointment to me: for it evinces
lack of appreciation for the services
NuICIl ! 1GlVUt1 gu W Cue COI1u1lSS1O1!
in a serious, disagreeable and discor-
dant condition, which prevailed in the
conduct of it's affairs in the litigation
arising thereform. I labored long
and tryingly in it's behalf and taxed
my physical strength and mental ef'
fort to its best endurance.
f'It can hardly be doubted by any
one that the fee charged almost
ridiculously low, and to have it cut
down by your board without having
ever asking my presence before il
causes me to believe that you think
that I have not earned your apprecia-
ton or have failed to deserve a rea-
sonable recompense for loss of time
and for putting aside other business
for yours. I am conscious of having
deserved better treatment"
WHO WANTS THE VETERANS?
] " N