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9 Case & Com. 289 (1902-1903)

handle is hein.journals/cscmt9 and id is 1 raw text is: Case and Comment NOTES OF RECENT IMPORTANT, INTERESTING DECISIONS INDEX TO ANNOTATION OF THE LAWYERS' REPORTS. ANNOTATED LEGAL NEWS NOTES AND FACETILT VOLX4' JUNE, 1902. CASE AND COMMENT Monthly. Subscription, 50 cents perannum post- paid. Single nunbers, 5 cents. iE LAWYERS' CO-OPERAIA'VE PuB.Co., Rochester, N. Y. NEw Touic, CHICAGO, 79 Nassau St. 116 Monroe St. court did not discuss or refer to it, but by implication held that it was not well taken, as the conviction was affirmed. The case is that of State v. Hoshor (Wash.) 67 Pac. 386. Engineering Law. second-class mail matter. An engineering journal comments at some length on what it says is one of the most important water-rights decisions ever ren- Embezzlement by Attorney Having dered, which it says was handed down by Lien. the United States Supreme Court on April 7, holding that waters of an interstate A peculiar question was raised in behalf stream may be diverted for public use in one of an attorney charged with embezzlement state regardless of the lower riparian own- by a contention that, as the funds which he ers in another state. It proceeds to set out was charged with embezzling were subject elaborately the great importance of this case to a lien for compensation, he could not to the city of New York, and declares that be prosecuted for embezzlement of the this decision by the Supreme Court of the funds so long as his compensation remained United States affirms the judgment of an unpaid. The case was one in which an at- eminent engineer, .A. Am. Soc. C. E., who torney received by check the sum of $20,- urged in the face of New Yo:k legal talent 500, which it was claimed by the prosecut- that there must be some means of overcomn- ing witness he was to use first for the pay- ing the legal obstacles in the way of devel- ment of about $12,000 of the client's debts, cpiug a water supply for New York city so and the balance was to belong to the attor- far surpassing all other sources in availabil- ney upon his conveyance of certain mining ity and economy. It says: Good busi- interests. The prosecution was for embez- ness sense and New England precedents he zlemsnt of these funds by converting them believed would be sufficient to carry the (lay. to his own use without complying with the 'Tle ease referred to with such satisfaction conditions on which the funds were re- by this engineering authority is that of City ceived. There was a claim on the part of of New York v. Pine, reported in the Ad- the defense that the attorney was entitled vance Sheets U. S. Supreme Court Reports, to the sum of $2,000 for services as attor- No. 12, page 592. But, unfortunately for ney, and that he had a lien on these funds the reputation of engineering authorities for therefor, which must be satisfied before lie superior ability in the decision of legal could be charged with embezzling the funds, questions, the decision is altogether misap- This raised an unusual question, but the prehended. The court expressly says: We

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