The  RURAL  NEW-fORKER 
477 
Legal  Questions 
Taxation  Without  Road  Improvement 
We  pay  our  road  tax  now  instead  of 
working  it,  and  at  tire  time  such  pro¬ 
cedure  was  voted  for  it  was  also  under¬ 
stood  that  the  road  tax  money  paid  was- 
to  be  put  in  work  on  the  road  adjoining 
the  property  on  which  the  tax  was  raised. 
In  this  portion  of  the  town,  where  the 
supervisors  and  road  officers  do  not  live, 
we  have  had  no  work  done  practically  for 
nine  years,  and  the  roads  are  almost  im¬ 
passable  at  certain  seasons.  We  are  com¬ 
pelled  to  break  out  our  own  roads  in 
Winter,  with  no  compensation.  We  have 
appealed  to  the  supervisors,  road  com¬ 
missioner,  etc.,  with  no  response  what¬ 
ever.  What  can  be  done  about  it?  Can 
we  withhold  our  road  tax?  We  on  this 
section,  1  y2  miles,  have  paid  out  $350 
so  far  that  has  gone  to  the  farthest  other 
side  of  the  town,  while  our  ditches  are 
full  and  the  center  of  the  road  a  ditch. 
New  York.  a.  s. 
You  cannot  withhold  your  road  tax. 
You  might  take  your  matter  up  with  the 
county  superintendent  of  highways  and 
see  if  he  cannot  give  you  some  relief. 
Most  towns  have  found  that  if  they  spend 
money  for  the  removal  of  snow  they  will 
have  nothing  left  for  the  building  of  the 
roads  during  the  Summer.  n.  t. 
Validity  of  Lawyer’s  Fees 
My  husband  was  arrested  for  some¬ 
thing  of  which  he  knew  nothing,  nor  I, 
March  30,  1921.  The  next  day  I  retained 
a  lawyer.  He  asked  a  retainer’s  fee  of 
$75,  which  I  paid  at  that  time.  The  trial 
was  to  come  off  in  June.  Just  before  that 
he  asked  for  more  money,  and  said  he 
would  charge  us  for  the  whole  case  $250. 
My  husband  then  gave  him  $25  more. 
The  trial  was  put  over  to  December  last, 
and  a  few  days  before  that  we  were  in 
this  lawyer’s  office,  and  he  began  to  rave 
and  asked  for  his  money.  My  husband 
gave  him  a  note  on  otir  cows  and  team 
for  the  remaining  $150.  Then  the  lawyer 
added  $25  more  for  witness  fees,  making 
$175  in  note  in  all.  The  trial  was  put 
over  again  till  February  12.  Now  every¬ 
one  thinks  it  will  never  come  off,  will  be 
thrown  out.  If  it  is  thrown  out,  can  the 
lawyer  keep  that  $275?  Has  he  a  right 
to  it  by  law,  or  could  we  get  it  back,  or 
some  of  it?  MRS.  F.  D.  K. 
New  York. 
In  the  absence  of  good  cause  shown, 
such  as  illness  or  absence  of  material  wit¬ 
nesses,  the  defendant  in  a  criminal  action 
must  be  ready  for  trial  when  the  district 
attorney  moves  the  case.  It  is  apparently 
no  fault  of  your  attorney  that  your  hus¬ 
band’s  case  has  not  been  tried.  If  it 
should  so  happen  that  the  indictment  was 
dismissed  without  trial,  your  husband 
would  be  in  as  good  standing  as  if  he  had 
been  acquitted.  If  this  dismissal  was  se¬ 
cured  through  the  efforts  of  your  attor¬ 
ney,  we  would  think  he  had  earned  his 
money. 
The  amount  to  be  charged  by  an  attor¬ 
ney  is  a  matter  of  contract  between  him 
and  the  client,  or  if  there  was  no  contract 
a  matter  of  value  of  his  services.  No 
rule  can  be  fixed  as  to  the  value  of  the 
attorney’s  services,  for  some  are  worth 
more  than  others.  It  sometimes  happens 
that  after  a  defendant  in  a  criminal  ac¬ 
tion  is  out  of  danger  he  does  not  appre¬ 
ciate  the  efforts  that  have  been  made  for 
him  by  his  attorney.  N.  T. 
Note  for  Tuberculous  Cows 
A  bought  three  cows  from  B,  and  paid 
a  certain  amount,  receiving  a  note  with 
the  deposit.  The  cows  were  supposed  to 
be  in  good  health  and  condition  when 
sold  to  A,  but  before  the  note  expired  one 
died  of  tuberculosis.  The  other  two  have 
not  stood  the  test,  although  being  fed 
standard  feed.  Before  note  maturing  A 
paid  the  same  in  full,  with  the  exception 
of  a  few  dollars.  B  took  this,  and  gave 
A  the  note,  and  a  given  amount  back. 
After  the  cow  died  B  asked  A  for  the 
balance  on  the  note.  Can  B  collect? 
New  York.  b.  d.  s. 
The  facts  given  by  you  are  not  suf¬ 
ficient  for  us  to  make  a  definite  answer 
as  to  whether  or  not  B  can  collect.  If 
there  was  a  warranty  made  at  the  time 
of  the  sale  of  the  cows,  and  the  cows  are 
not  as  warranted,  A  might  be  able  to  set 
up  his  damage  as  a  counterclaim  to  the 
purchase  price.  If  at  the  time  A  paid 
the  note  it  was  understood  that  the  mat¬ 
ter  was  settled,  there  can  be  no  recovery. 
N.  T. 
Rental  for  Wires  Crossing  Railroad 
I  have  a  private  driveway  over  a  rail¬ 
road  crossing.  I  wish  to  stretch  two  elec¬ 
tric  wires  over  this  crossing  from  a  tower 
which  is  35  ft.  in  height ;  that  is,  10  ft. 
higher  than  the  railroad  company’s  tele¬ 
phone  wires.  The  company  demands  an 
annual  rental  as  well  as  payment  for  the 
privilege  of  crossing  the  tracks.  Is  it 
legal  for  them  to  demand  either? 
New  York.  E.  A.  P. 
Undoubtedly  your  driveway  over  the 
railroad  only  gives  you  a  right  to  pass 
over  the  same.  The  railroad  companies 
are  always  very  particular  about  any.  con¬ 
struction  over  their  tracks,  and  it  is 
right  that  they  should  be.  because  falling 
wires  or  other  structures  might  cause 
great  loss  of  life.  Probably  the  rental 
will  not  be  large,  for  it  is  likely  that 
their  principal  reason  in  charging  rent 
is  to  keep  you  from  getting  adverse  pos¬ 
session.  N.  T. 
The  Eyes 
of  The  World  Are  On 
Jor  Economical  Transportation 
SUPERIOR  Model 
Holds  First  Place  Among  All  Show 
Cars  in  Number  of  1922  Sales 
During  1922  the  public  bought  more  than  50% 
more  Chevrolets  than  of  any  other  fully  equipped 
car,  giving  Chevrolet  first  place  in  number  of 
cars  sold  among  all  cars  exhibited  at  the  1923 
N.  A.  C,  C.  Shows. 
The  remarkable  rise  of  Chevrolet  during  the  last 
twelve  months  has  proved  that  the  Chevrolet 
Motor  Company  has  correctly  gauged  the  shift 
of  public  sentiment  towards  the  most  economical 
unit  of  transportation  that  also  meets  modern 
requirements  as  to  quality. 
Just  count  the  Chevrolets  along  the  great  high¬ 
ways  and  parked  at  the  curbs  of  every  town 
and  city. 
Prices  F.  O.  B.  Flint,  Michigan 
SUPERIOR  Two  Passenger  Roadster 
SUPERIOR  Five  Passenger  Touring  - 
SUPERIOR  Two  Passenger  Utility  Coupe 
SUPERIOR  Four  Passenger  Sedanette 
SUPERIOR  Five  Passenger  Sedan  - 
SUPERIOR  Light  Delivery . 
$510 
525 
680 
850 
860 
510 
Chevrolet  Motor  Company,  Detroit, 
Division  of  General  Motors  Corporation 
Mich. 
There  are  now  more  than  10,000 
Chevrolet  dealers  and  service 
stations  throughout  the  world 
Applications  will  be  considered 
from  high  grade  dealers  in  terri¬ 
tory  not  adequately  covered 
