South Bend news-times. (South Bend, Ind.) 1913-1938, 1917-12-02
WAS COUNSEL
FOR HIGHWAY
A. 6. Graham and County
Atty. HOuIihan Say Fees
Paid Lawyers are Legal.

~%sN -N%ff - " ~ ~ sJN'is
That he is not the only attorney
in South Bend who has collected at
torney's fees from the county in the
matter of road building, aside from
the county attorney, and that the
$4,000 paid him really amounts to
but $1,000, while ne has done more
than three times the worth of that
in work, is the statement given out
by A. G. Graham, Of the firm of
Graham * Crane. lawyers, reference
being made to the story published
recently concerning fees paid in the
matter of the Lincoln highway.
I'VE have not been assisting
County Atty Houlihan," said Mr.
Graham yesterday, but have been
serving the Lincoln Highway asso-
citation as petitioners, and the laws
OF Indiana provide for the payment
of our fees by the county, regard
less of thl county attorneys ser
vice"
According TO County Atty. Houli-
han he has never served the county
il, road matters, except as advisor
to the board of county commission
ers up to the time that the suits
were started with reference to the
Lincoln Highway crossing at New
Carlisle of the New York Central
the South Shore and Northern In
diana railways. Suit in that matter
is now pending before the state SUI
preme court, trials having been had,
twice before the state public service
commission, once before the local
circuit court, once before the La
porte county circuit court, with the
appeal 10 the supreme court now
pending.
Outlines His Status.
Ordinarily as explained by the
county attorney, the county COM
missioners sit as a court in the mat
ter of petitions for road improve
ments, and my position is that of
advisor TO the court. The law pro-
vides that the petitioners may have
counsel, and the county shall pay
such a counsel: also that remon-
strators may have counsel, who shall
be paid by the county. ! couldn't
represent petitioners or remonstra-
tors if 1 wanted TO, being in theory,
at least, counsel for the public as
represented by the board of COM
missiOners. When the Lincoln
highway, however, had been author
lied. and the county became inter
ested with the petitioners against an
outside party, and before an outside
tribunal. as in the case of the rail-
roads before the public service com
mission and the courts, then it was
my duty to represent the county,
and 1 did"
Mr.. Houlihan states that his con
tract provides for extra fees for such
service. as the contracts with county
attorneys always have. He blames
County Auditor Wolf for the whole
hum bub, mad without a leg TO stand
on if the matter were ever brought
to an issue. As to the fees paid
Graham & Crane. the county at
torney adds:
Other Attorneys Fees Paid.
"Why doesn't the auditor say
something about two fees of $3.50
each. paid l. X. Parks of Mishawa-
la: 5000 paid the Binghams, law
yers; $50 paid T. w. Slick: $500
paid w. u. O'Neill and w. A. Nc
Inery. and several such fees, repre-
senting petitioners or demonstrators
With reference to short strips of
read? Why doesn't he say they help
7 o. marc mold rfnHnr no
law same as Graham & Crane has
been, not for assisting me, but for
serving their own clients. The only
difference is that the Lincoln high
way has been a bigger affair, there
has been more litigation and the
fees have been larger"
Atty Graham in speaking Of the
/ fees paid him says the $4,000 covers
period, of nearly four years; that
I he got S1,450 at one time out IF
I which he was obliged TO spend $500;
I that ne got $3.50 at another time,
and then came his last bill of 5000
+ He asserts that the total amount
paid him would ordinarily not have
been good fees for the actual court
work done. TO say nothing of hours
upon hours outside of court, briefng
! cases. attending meetings, and work
/ of that order. Not a cent has ever
/ been paid me except by appropria-
! ton of the county council and on
/ der of the commissioners.
/ The story, ii is asserted. leaked
I from the county auditors office as
I the result of the auditor having "a
grudge against the county attorney.
/ whose office. IL is said, he would like