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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





JUNE, 1902.

 Monthly. Subscription, 50 cents perannum post-
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              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.

           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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