New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-05-09

lawyers never learn saio W. "a
Henderson at recent meeting Of
A--.rica, Bar Association In view OF
To-, that LAWYERS fees Of 100000 are not
-,,r,, and that they have gone as high as
s-,oo00 or even higher, this statement OF
n, Henderson. though apparently rejecting
-. ~. lswye-s inability 10 look after his own
'.,.,.s,. Will 3, regarded to-day by the great,
Nv great. majority Of modern litgsnts in the
rst. Of what A. Ward would call COAX"
:, Athens. where the advocate was born,
,ooo or more wears ago, lawyers charged large
10, for their services In Rome the business
:, adyocatin. causes became distinct pro-
..,,;on. and ,hose following it were called
r1s,onsu.ts They frequently accumulated
great wea.tt
II. bar ,cok root in France at early
a.. and fo4-ished there. From the fourteenth
.,,,ury 70 1879 the members of the bar OF
"a. country constituted an order Of nobility,
,sd In later days, although the French law
,.,rjtted ar attorney to sue for his fees, one
rbo did 50 would be stricken from the roll Of
be Paris bar.
In England lawyers are divided into barris-
,-, and attorneys. The attorney prepares
.vid.nce. writes the brief and collects the fee
II. baris,.r presents the case, and gets only
vbs. is given 10 him by the client or the attor-
rev. A barrister cannot maintain a suit for
bis fees.
pEES THAT WOULD BRING DISMAY
TO PRESENT-DAY LAWYERS.
Various attempts have been made 70 regu-
la.. fees in modern times. In 1880 commit
,,. Of the Writers 70 the Signet in Edinburgh
o-epared a table Of fees for practitioners be
lore the Court Of Sessions that would mean
starvation TO modern lawyers.
IN 1857 the Bar Of Middlesex County, Mas
sachuse.-s adopted table of fees that 10 the
pf,sen,-day lawyer would seem like dreadful
rirhtmare According TO that table, in cases at
law in the Superior Court the retaining fee
was no, less than s.. Arguing any issue in law
during the progress Of the case, whether be-
for. court, referees, auditors or arbiuators
for each issue argued, not less than Slo;for
arguing an issue OF fact, each issue, not less
than SIS: trial fee per day, not less than 81;
the charge for petitions for divorce, when not
answered 10 and defended, all charges except
money paid out. not less than SIS. In crini-
nal cases the fees were not less than the
highest fees throughout charged Ill cases at law
in the sane court, and retaining fee always
to be paid in advance.
GREAT LEGAL NAMES THAT ILLU-
MINED COLONIAL DAYS.
In late Colonial days and up TO the first half
Of the nineteenth century. there were so many
famous practising lawyers in this country that
10 give a list Of them would be out OF the
question Among them were Patrick Henry
William Writ William Pinkney, Henry Clay
A.xander Hamilton, Aaron Burr, who is said
10 have never lost case in which he alone
was counsel; Ogden Hoffman, called the Amer
lean Erskine and said TO have been the most
consummate criminal lawyer this country ever
produced; Robert Emmett, James T. Brady
and David Graham. Of all that number none
accumulated more than competence, and
some OF them died in comparative poverty. In
these times however, the practice OF the law
was profession, not a trade.
In mentioning specific cases the name OF
Daniel Webster naturally occurs. The income
Of the great Senator from Massachusetts,, from
his practice did not average, it is said $4,000
year although he is generally considered to
have been one OF the ablest OF American law
yers Peter Harvey, Webster's biographer and
friend, says that by exclusive attention to the
law he (Websser) could easily have earned
$4,000 a year" To-day lawyer with the
sttainments and erlinence OF Webster who did
not earn at least S5OOooo year would have
only himself 10 blame.
RUFUS CHOATE WAS A GREAT LAW
YER BUT A POOR BOOKKEEPER.
Rufus Choate. a very great lawyer, who
practiSed more than Webster, was notorious
ly lax in business matters. In early life he al
lowed his clients 20 fix his fees. Once the spirit
Of order entered into him and he bought
regular account book. He entered as the hTst
item Of orderly expenditure: The Office debt
Or TO one quart Of oil, 371z cents" The next
entry was six months later and closed the
record He took as a partner a methodical
man, however. and from the latter's accounts
is learned that the average receipts OF MS
ONCE from l849 70 1859. inclusive. were nearly
N0'VOO yearly The largest receipts IN SIN
ge year during that period were little more
man $4,000 in 1856, and the lowest little less
can 81 900. His largest single feet was Sz,OOO'
and he had four more of the same amount
once he received retaining fee Of 81 500. And
Nhoate was probably the equal in eloquence
ana learning Of any lawyer living to-day.
Lincoln was one Of the leaders Of the Hi