davidaulloa/AmericanStories huggingface dataset:
The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-03-31

of the highest. 1t is no disparage-
ment of his two partners, Mr..
Charles A. Shields and Nj. David
S. Conant, to say that neither one
OF them had reached at this time
the degree Of eminence n the pro-
fession enjoyed by Mr. Dunnett,
but they We're at that time and had
been before thaG, lawyers Of un-
questioned standing at the bar and
of the highest character and rep
utation for soundness in the pro-
I feSSion and for industry and faith
fulneSs to their clients interests.
They were both younger men than
| Mr.. Dunnett, hut each of them had
a wide and varied experience in
practice.
The exhibits introduced IN this
case include the transcript Of the
! trial before the District Court, the
briefs and records used in the pro
ceedingS in the Circuit Court of
Appeals and the various CORES
pondence, which is volumia nous,
which are all referred to and made
a part of these findings of fact.
There was no evidence as to the
exact amount of time consumed by
| Dunnett, Shields and Conant in
this case. Various opinions were
given by the witnesses as to the
number of days necessary to COM
/ plete this business. These estimates
ran from Twenty-Five days at the
| lowest to seventy-i'iVe or eighty At
the highest. 1t Is impossible to
make anything more than d rough
estimate as to the length of time
necessarily consumed, owing to
the amount of detail in the case.
| the fact that both client and wit
nesses lived at distance from ST.
Johnsbury; that the trials both in
the District Court and Circuit
Court of Appeals were also at a
considerable distance. These facts
doubtless necessitated spending
spending considerable time in ira
vel. 1t is impossible accurately to
estimate the amount of time nee
| essarily expended IN the various
negotiations, interviews, CORES
pondence and preparation Of brief
but | think it is probable. and so
find, that at least forty-five days
were spent in the matter.
The question is, of course,
whether a fee of $4,000 is a reason
able compensation for the work
done in this case. The opinions of
many members of the bar were
received in evidence upon this
point They varied somewhat. The
highest estimate was that $500
would be a reasonable fee, the low
est $500; the average amount was
between $4,000 and $4,000. II appear
ed in evidence that Mr. Dunnett
had frequently received fees in
other litigation, some of which
averaged 500 a day. In fact in the
plaintiff brief as submitted to me
per diem of 500 so far as Mr..
Dunnett is concerned, is considered
to be reasonable. 1t is difficult TO
see why the services of Messrs.
Shields and Conant, where they or
either of them acted in the cese
without the presence and coopera-
ton of Mr.. Dunnett, were not Of
equal value. While it Is true, a has
been stated, that neither of them
were possessed of the same amount
of professional experience as MI.
Dunnett, yet if the value of pro
! fessional services is to be measured
The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-03-31
Pushing The Forts Seward
Finds Dunnett Not
Over Paid for Services
Continued from Page 1

$4,000 This fact was brought to
the attention of Mr.. Dunnett and
he advised against the acceptance
Of such sum. An offer Of $4,000
was made to Mr.. Dunnett early
in the year 1919, which he advis-
ed the plaintiff not to accent and
upon his advice it was declined.
A writ was prepared and suit
was brought against the Federal
Railroad Administration in the
United States District Court for
the District of Vermont by Mr..
Dunnett early in the year 1919.
This was based upon the statute
which allows recovery for wrong
full death for the benefit Of the
widow and next of k in of the dc
ceased, under which statute pc
cunialy damages only can be re-
covered. Mr.. Dunnctt went to
Wilder to see the plaintiff after
the offer OF $4,000 has been made
to him. He then asked her whether
if he could get $4,000 for her and
$1,000 for counsel fees, she would
consider it. The plaintiff said that
if Mr.. Dunnett told her to take it
she would but that she knew what
she ought to have. The matter was
left then that the plaintiffs son
Mr.. George Plat who was an at
toIney in New York City should
be consulted upon this subject. The
next day after this conference, the
plaintiff wrote to Mr.. Dunnett say
ing that she would accept $4,000
in settlement, but before Mr.. Dun
net received this letter he had
communicated with the Railroa~
Administration to the effect that
either $4,000 or $4,000 was the
least that would be accepted.
When Mr.. George Platt arrived
from New York he conferred with
Mr.. Dunnett and the Plaintiff He
insisted upon a settlement, which
was opposed both by Mr.. Dunnett
and the plaintiff, and it was then
arranged that Mr.. George Plat
and Mr.. Dunnett should call upon
Mr.. p. NJ. Meldon, a lawyer of
Rutland, and ask his advice. Mr.
1COISt IdIC COiISltlttt u tllGC II
would be advisable to settle the
suit for $4,000 and Mr.. Dunnett
remarked that if the Railroad Adj
ministration would pay $4,000
plus $1,000 counsel fees, it might
be well to consider it, but he would
agree to nothing less; he declined
however, the offer Of 5000, act
ing upon his own judgement in so
doing.
The case was then prepared for
trial and at the Nav term, 1919 it
was heard before the jury in the
United States District Court for
the District of Vermont On the
trial, no question was made by the
defendant as to liability the only
question in issue being the amount
of damages. The actual trial of the
case took two days and the trial
was conducted on behalf of Mr.
Platt'S Estate bv Mr.. Dunnett and
Mr. Conant. Thirteen witnesses
were examined, all but one of
whom lived in Rutland or that
vicinity. The iuy brought in YER
dict of $23, 800, which was the
largest verdict in a civil damage
The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-03-31

case brought under the Stature
! ever known TO be rendered in any
court in the State or District Of
/ Vermont.
The defendant brought a writ of
error and the case was taken TO
/ the Circuit Court OF Appeals for
the Second Circuit, sitting in New
York City. The firm of Dunnett,
Shields and Conant prepared a
brief on behalf Of the Plat Estate
Mr. Shields doing most of the
work. Ii so happened that the case
was not filed in the Circuit Court
of Appeals in time to have it
placed upon the trial calendar for
the February term, which was the
only term in the year al which
cases from the District of Vermont
were heard. Unless the case could
be heard at this term, under the
practice, it would have TO be con
tinued for one year. Mr.. Conant
went 10 New York City and sue
cccdcd in getting the case placed
upon the trial calender for the
then coming February term, thus
avoiding the delay of one year. He
was absent four days from his
Office in so doing. AT the February
term the case was reached and was
argued on the brief by Mr.. Shields
and it was necessary for Mr. hieldsS
to consume four days for his nee
essaly travel and stay in New
York on this matter. At the April
tenn 1920, the Circuit Court Of APP
pcals affirmed the judgement Of
the District Court and seat down
Il mandate 10 that effect.
While the case was pending in
the Circuit Court of Appeals there
MORE
was a change in the office of the
Director General of Railroads, Mr..
Walker ID. Hines having been sue
ceeded by Mr.. John Barton Paine.
The mandate however which was
sent down by the Circuit Court of
Appeals did not recognize this
change and the judgement was af-
firmed as against the former Di-
rector General, Mr.. Hines. 1t be-
came necessary, therefore, to have
the record corrected so that the
judgement might read to be again
st Mr.. John Barton Paine. This
matter was effected by Mr., Dun
nett or his firm by means Of cor
respondence, and Mr.. Dunnett at
once set out to collect the amount
of the judgement. No execution
could be issued, nor was there any
way to compel payment of the
amount found due, inasmuch as the
suit was against the Government
Administration Of Railways. After
considerable correspondence and
the execution of the necessary re-
leases and receipts required by the
Administration, payment was fl
nally obtained during the month
Of September 1920, little over
two years after the death of Mr..
Plat and about year and nine
months after the employment of
Mr.. Dunnett and his firm in con
nection with the matter.
Mr.. Alexander Dumett was a
practitioner of wide and varied ex-
perience. He was, at the time of
his employment in this case and
had been for many years before
that, one of the acknowledged
leaders of The bar of the State of
Vermont. His reputation for legal
attainment and for character was
The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-03-31

mouths and seeports. But this Is now
deemed mistake. They should be
as far out toward the sea as possible.
or even on the sea, where islands are
available for the purpose.
Most important however, as an Gle
nent of properly organized coast
defense system, is mobile artillery
l. e. batteries OF heavy guns mounted
on specially designed cars. from which
they can he fired, and by which they
can be transported over strategic rail
roads to any point that may be threat
ened. Here, in fact, is the solution
Of a problem hitherto deemed almost
hopelessly pulling the problem OF
defending adequately coast line so
enormously long as that of the United
States.
Along our coasts for long distances
railroads run close TO the seashOre
This Is true of much of the coast of
Maine. and OF a considerable stretch
OF the maritime littoral of Massa-
chusetts. The same may be said OF
much of the coast-line OF California
as, for instance, from San Diego to
Los Angeles and thence northward.
Some day we shall have, for strategic
Uses. a continuous line OF railroad all
around the seaboard OF the United
States.
OF fortresses there can never be
more than a few, widely scattered. But
suppose one Of them to be attacked
The news viii be at once telegraphed
to the war Department at Washing
ton. and thence orders will be wired
to points where gun batteries and gun
trains are kept always IN readiness
FOR such emergencies. These points
The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-03-31

ember 10th, 1921. the latter day
teing in vacation.
Objection has been made by the
plaintiff to the completion of this
case by the undersigned, without
| the assistance of either one of the
assistant judges. In proceeding
with this matter after the death
OF Judge Thulber | have sought
my authority under the provisions
of sections 1903, 1907, and 1908
Of the General Laws.
The defendant fled specifica-
tons in offset. These specifica-
tons are referred to and made a
part hereof. On the trial it Was
conceded and | so find, that the
charges for expenses and disburse-
mentS and the statement of the
amount received from the Rail
road Administration upon the
judgment and of the amount paid
to Mrs. Plat are correct, and they
should be, and are, allowed. l
find that the charge of $5000.00
for services is a reasonable and
fair compensation to be paid and
received for the services rendered
and it is allowed.
After d dlaft of the findings in
this case had been submitted to
counsel, counsel for the plaintiff,
Mrs. Clara f. Plat, submitted to
me certain numbered requests for
corrections and additions. These
requests are referred to and as
to them | find as follows:
/. | find that the employment
of Mr.. Dunnett's firm was not
contingent.
2. This request is denied.
,. This request is denied.
4. This request is denied.
5. This request is denied.
s. As to this request, find
that on January II, 1919, Mr..
Dunnett stated that if an offer of
$4,000 were made he thought he
would be inclined to advise its
acceptance.
7. find that the date of the
conference at Wilder was March
The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-03-31

81, 1919.
s. The conference at Rutland
between Mr. .Dunnett, Mr.. George
Platt and Mr.. Mcldon occurred Il
short time before the trial OF the
case at Windsor.
9. This request is denied.
TO- This request is denied.
II. | find that the defendant
notified the plaintiffs attorneys on
March Is, 1919, that liability
would be aumitted and that no
proof need be brought on that
subject.
II. This request is denied.
-. l find that at the trial OF
the case in Federal Court defend
ant produced no witnesses and
cross-examined six Of the witness
es Of the plaintiff.
ings upon the subject matter OF
this request.
Is. | do not change my find
ings on the subject matter OF Ln's
request.
16. | find that the amount OF
the Judgment and costs was paid
by the Railroad administration to
Mr.. Dunnett's firm, and that they
deducted therefrom the amount c.
their expenses, with the OK
ception of a telephone charge Of
80 cents which had been omitted
by mistake, and also The sum Of
$5000.00 which they claimed rs
compensation for their services,
and RENTED the balance to Mrs.
Platt.
II. / see no occasion toa
make the finding asked for in this
request.
There is attached to ibis finding
of facts and made "A part thereof,
at the request of the plaintiff, a
statement by Judge Wilson con
corning the circumstances of the
trial OF this case.
Dated at Newport, in the county
of Orleans. this 29th day of
March, 1922.
SHERMAN r. MOULTON,
Presiding Judge
The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-03-31

at least in part >oy the results oh
tanned, their efforts in connection
with the case we're of as great ad-
vantage to the Estate as the eff
forts of Mr.. Dunnett would have
been.
In the proceedings in the Cir
cult Court Of Appeals, which APP
pear to have been under the cX-
elusive management of Mr..
Shields or Mr. Condiit, tiivie was
complete success. The case was
placed upon the trial calendar at
the earliest possible moment and
the matter so presented to the
Court by d brief and oral argu
mcnt that the judgment of the
Court below was affirmed without
delay No member OF the bar, no
matter how great his experience
and reputation. could possibly
have done Letter than this. So /
am inclined to consider that these
services mcrited the same compen-
sation as those performed by Mr..
punnett alone Of in company with
one or both his partners.
| think, moreover, that it is
proper in q case of this sort, as
in most cases, for counsel to
charge ard to receive a retaining
fee, and that a retaining fee in a
matter OF this magnitude under
taken by a firm OF the standing
of Dunnett, Shields and Conant
may reasonably be $500.
With this in mind and on a ba-
sis that 500 is a reasonable per
diem, | consider that $4,000 is not
an unreasonable fee to charge and
to receive, taking into considers
tion the circumstances in this
ease.
The same result is reached if
the services be regarded as whole
without any attempt to place them
upon Il per diem basis. Having
in view all the circumstances at
tending this litigation, the ques-
tions raised by it, services per-
formed and the result obtained,
think that the fee charged is not
unreasonable.
This case, as has been stated,
was heard by the Court during
and after Che June term, 1921,
Caledonia county. At the hearing
in this case the undersigned pre-
sided and without objection was
assisted by only one OF the assist
ant Judges, the late Judge Thur
her Judge Thurbcr died after
the hearing but before a consul
tation had been had 20 determine
the facts in this case. This find
ing Of facts has been prepared
solely by the undersigned.
The trial OF this case commenc-
ed on September 8, 1921 AT chat
time The June Term of Caledonia
County court WAS in session.
Judge Wilson was the presiding
Judge OF that Term, and the
undersigned was requested by
him to come to st. Johnsbury to
preside at the trial Of this case.
Judge Wilson was at the time en-
gagged with a jury case, and was
assisted by the other assistant
Judge. The Jury reported or
September 9th, and Judge Wilson
thcreupon caused the Term 10 be
adjourned without day. but be
fore doing so, directed this case
to be entered with the court"
The trial Of this case continued
until late in the afternoon Of Sept
The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-03-31

the landWar6 eide Cuch n thIn1
nirht concaiVabl,, bonnan. fo, =,
,ni1it,r,. ..,.l. -,
aha. -
No., VIZ - ""pi ei'"'eu ioi
uisao NaitaSe Oh our
eAHNe "oi N" Is that they are
'oo i''N''' e"p"seu 10 "ltach lfoih the
al
because OBVIOUS necessity compeis'
.'e "i'"ie system Is TO De reVoiuloh-
VIZ bsn.rt,,.,t b.. -. $780,.
commemorative mans i1ckiiv tn carry
them out will nor he 81 very costb-
business, relatively spraking
The recent war in .Europe gave
striking proof OF the usefulness of
The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-03-31
ecentEmprovementsint the Art dwarf aveRendered
Our Formidable Seacoast Fortresses Obsolete and
the Whole Outfit Must Be RevoIutionzed
BY WILL OGDEN

~ !ih Arms Limitation conference
n brought up for consideration.
"a NHe!e Japan ana the ChI'eu
- States are coneerned' the qUts-
'-oH OF putting stop to 1urther Ior'4-
heiHl"A OF l'"rldc islands. AppareHt-
IT, os lhe reSuIt OF bargain we siaIt
NOS iortlfy Guam or ADD TO lhc
80 ~, - ~, -, .,'.,t,,.Il,. lac
1u,,. il. ,.,.r5 to f4an,aii remains to
i. seen
There is to he 10 restriction as
regards the mainland of either Japan
or this country; aud just no" Is an
appropriate time TO say sonnet :
h"'ul me S@"r"'Sl
The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-03-31

big guns on Corregidor Island, which
lies in the mouth of the bay These
defenses are supplemented by a "stone
! hattleship." which is a rock of The
shape and size OF ship. equipped
! w!th big naval rifles.
easy Prey For The Japs
To strengthen these fortifcations
further would be OF little use. for if
| war We're to arrive between Japan and
! this country. We could not use our
| fleet TO protect the Philippines, and
the Japanese would quickly grab the
archipelago.
! Guam could not long escape cap
ture even if ii was strongly fortified
| HHwaii, however is in an altogether
| different case There is the strategic
key of the Pacific protecting both our
4 Paclflc coast and the Panama Canal:
! for no enemy feet would dare 10 leave
in its rear. unc6ptlred, the great forth
Ned naval station and base on the is-
r land Of oahu.
| The fortifcations on oahu extend
/ from Pearl Harbor (where the naval
station is located distance of fifteen
/ miles to Diamond Ilead-an extinct
(, volcano. in the crater of which is hid
den a battery of 12-inch mortars 1t
I has been planned to make the island
an impregnable mid ocean fortress;
| but. unfortunately 1t Is AZ the present
] time provided with no weapons more
/ powerful than 14-inch rifles.
Mobile Defense FOR Hawaii
! 1t is obviously necessary that The Oahu
forts shall be equipped with 16-inch
guns; and further defensive expedi-
ent demanded is the building of a sys-
tenn of works along the mountain
range on the landward side of the
coast forts. TO protect he latter from
possible attack in the rear
The plan, as made by the War De-
partment, will further require the
building of a railroad for strategic
use, all around the isand-to carry
guns, that Is to say, as well as soldiers.
II is but an application on small
scale Of the idea hat is to be utilized
for the IT. ohile auxilia.,r defense OF the
continental United states
Connecticut western news., 1922-02-16
Ink Sra.ns.

If ink is spilled on the frock or table cloth apply salt immediately. The ink VII then wash out quite easily.
Connecticut western news., 1922-02-16
'rtL 4a .'
 Card of Thanks

I wish to thank the board of selectmen, of this town, for check received for my services rendered MT. and Mrs. Carey. @s5: ..>. D.,
 Mrs. Hattie Brewster
Connecticut western news., 1922-02-16
CANAAN
Mails will close as per schedule be- cw rntil further notice:

CACCPC O1CuAuoS'
 Post office open at 7:30 A. M. Post office closes 8:30 P. M. R. F. D. Mail Closes at zoo A. M. Southfeld Stage leaves at 1 P. M. Sunday Service Mail due to arrive at Il; ;10. Lobby open at II :45. Out going mail closes at 12:30 PM. POSITIVELY no service at win dows on SUNDAY.
 E. L. Roberts, P. M.
The Columbus dispatch., 1922-02-12
Mr.. Williams Goes
To Selma, Alabama

Mr.. John r. Williams, Lowndes
county's energetic and efficient farm
demonstration agent, left on Friday
for Selma, Ala, and will make trip
over Dallas County to investigate a
number of farm project plans that
just now are being much talked of
in agricultural circles. Mr.. Williams,
who is keenly alert and alive to the
needs of the farmers, is anxious to
get all the very latest ideas in the
production of crops, the development
of dairying, poultry culture, cattle and
hog raising, etc, in order that he
may be able to help make farming
pay in Lowndes County.
Farming is a precarious business.
Nothing in the world is so subjected
to the varying whims of nature as
the production of crops. Too much
rain, not enough rain, storms, boil
weevil, the sun too hot or not hot
enough, late seasons, or seasons too
early, and other things too numerous
to mention, all are sooner or later met
by the man on the farm. All the
burdens of the world rest on the
shoulders of the farmers, for all pros
perity comes out of the soil in the
last analysis. Cities may be destroy
ed, and the world moves on. But
destroy the farms, and all humanity
is endangered.
Next time you see a farmer, take
off your hat to him. He is the man
who feeds us. He is the man who 1
raises the sheep that grow the wool
that make our clothes. He is a pat
ent, perservering, long-suffering 4
hero. He wages an unceasing war .
fare against pests and untoward .
climatic conditions. And usually he
1ears his share Of the burden with
,ut complaint.
The Columbus dispatch., 1922-02-12
FOR THE BOYS

The Rotary Club Of Columbus is
preparing to take careful survey
and make a painstaking investigation
Of boy life in our city. Next Sunday,
January 18th, members Of the Rotary
Club will make a house-to-house can
yass to get all the information they
can about the boys Of our city, their
names, ages, in school or out, in
church or out, in Sunday School or
out, member Of any organization for
boys or not, etc, etc, etc. 1t is hoped
that the survey committee Of the Ro-
tary Club will be cordially received
and that the information sought may
be readily forthcoming.
Today's boys will be tomorrows
men. The men Of today owe it TO
the men of tomorrow 20 set good ex-
amples for their guidance, and to
make straight tracks for them 10 fol-
low.
The Columbus dispatch., 1922-02-12
FORMER MIssIssIPPIAN DEAD

Mrs. G. N. Smith, of this city, re-
ceived telegram on Tuesday that
brought the sad news of the death
of her son, Mr.. G. N. Smith, Jr., in
Wichita Falls, Tex, that day. Mr..
Smith had been in poor health for the
past year, and was confined to his
bed for three months prior to his
death. He leaves a widow and four
children to mourn his departure, be-
sides his mother, one sister and two
brothers in Columbus.
Mr.. Smith was born in Noxubee
County, Miss, ffty-four years ago.
He has visited in Columbus, but was
never a resident of this city. His
father was the late Nat Smith. for
many years a member of the Colum-
bus Police Department. His mother
is one of our very best women. His
sister, Miss Maria Smith, has charge
of the Western Union Telegraph
Company's business here, and is es-
teemed by all. The two brothers are
Mr.. Barnett Smith, postmaster at NJ.
S. c. W., and Mr. Russell Smith.
carrier on a rural mail route out of
Columbus, and they are two Of our
most estimable citizens.
Our sympathy goes out to all the
bereaved.
The Columbus dispatch., 1922-02-12
SMALL BLAZE FRIDAY

The fire department was called to
the plant of the Hogan Lumber Com
pany, Friday afternoon about three
o'clock, to subdue a fire that was
smoldering in a pile Of sawdust. One
of the workmen about the plant
threw a lighted cigarette into the
sawdust and set it on fire. No damage
was done. but had the fire not been
discovered there might have been a
serious blaze. Smokers should learn
TO use a little discretion in the mat
ter Of throwing down lighted cigars
and cigarettes. Many lives and a vast
amount Of property have been sacri-
feed through the carelessness of
smokers. either in throwing down
lighted matches or cigars or cigar
cites that were sul burning