United States Supreme Court Cases & Opinions

U.S. Supreme Court

In re Gilbert, 276 U.S. 294 (1928)

In re Gilbert

Order entered March 19, 1928

276 U.S. 294

Syllabus

1. The former order of this Court, 259 U. S. 259 U.S. 101, limiting the compensation allowable to the respondent herein, as master in the New York Gas cases, applied not only to the part taxable to the City of New York as costs, but also to the part paid by the successful plaintiffs. P. 276 U. S. 297.

2. A master in the district court who, despite a decree of this Court limiting his allowance, retained excessive fees, relying on the tolerance and favor of the successful litigants that paid them, and who persisted further by securing, with their acquiescence, a futile declaratory judgment in the state court declaring that he owed them nothing, held guilty of wrongdoing for which, in addition to restoring the excess amounts, with interest, he must be suspended from his rights and privileges as a member of the bar of this Court for six months, and be assessed the costs of this proceeding. P. 276 U. S. 298.

Page 276 U. S. 295

Return to an order upon the respondent to how cause why he should not be disbarred from this Court and punished for contempt because of his having retained master's fees allowed him by the district court but adjudged excessive on appeal here. For an earlier decision in this proceeding, see ante, p. 276 U. S. 6. See also 259 U. S. 101.