The Daily Alaska Empire

AN a gift to reward legal services be construed as a fee? In the opinion of the Supreme Court of the State of Colorado, a gift of money is tantamount to a fee, and because of this opinion, former Judge Lindsey of the Denver Juvenile Court is disbarred from pursuing the practice of law in the State henceforth.

The charge against the famous judge is that of "professional misconduct."

When Helen Elwood Stokes brought her action for recognition of her children as heirs in the will of her husband, W. E. D. Stokes, he had transferred his wealth to his son, W. E. D. Stokes, Jr., thus disinheriting his minor children, Muriel and James. Lindsey had previously appointed Mrs. Stokes as legal guardian of the children after the Stokes' matrimonial ship had gone on the rocks, and they were also held as the wards of his court. The attorney general of Colorado charges that Mrs. Stokes sought the aid and counsel of Lindsey in her probate action, and that in according such aid and counsel, the judge, as he was at the time holding office, acted contrary to the ethics of his office. The services of Samuel Untermeyer, noted New York lawyer, were secured by Judge Lindsey, it was charged, and the State court was told that he also participated in the negotiations conducted by Untermeyer that resulted in a compromise settlement which gave the two children of Mrs. Stokes, approximately $3,000,000.

For this service, in which he claims that he acted merely as a friend of Mrs. Stokes, the noted jurist received a voluntary gift of $37,000 from her, and, according to Mr. Untermeyer, Lindsey also received $10,000 from the fee of the famous lawyer, making a total of $47,000 for his good offices.

Judge Lindsey stoutly and indignantly maintains that his conduct throughout the Stokes case was entirely disassociated with his duties as a judge, and that at all times he merely acted as arbitrator and mediator to aid his friend, Mrs. Stokes, without thought of reward or gain thereby. And Samuel Untermeyer thinks that "a gross injustice appears to have been done to Judge Lindsey."