Page:Federal Reporter, 1st Series, Volume 1.djvu/225

 IN BE WELGE. 217 �ney appointe^, to whom proper fees are allowable. Why, then, if the assignee is a competent attorney, should he not act, and thus save the estate the expense of double charges ? If some one other than himself were called into the case the needed information would have to be imparted, and even then an inadequate view of what is requisite might be pre- sented. �Experience has shown that when laymen have been as- signees they, from lack of legal information, have often turned over, practically, the administration of the respective estates to some attorney, and then claimed the statutory compensation for their services as assignees, and fees for their attorneys. This court has resolutely refused to allow such double compensation, for the assignee is compelled to perform ail duties pertaining to his trust for the compensa- tion allowed, and not to employ an attorney except in special cases. If extraordinary services are required and performed, an extra allowance is permitted; and why, if those extraor- dinary services are such as need a skilled attorney, should he not, if he performs those services, be allowed compensation therefor? �In this case it is not disputed that the assignee, being a competent attorney, and havingno assets for expensesof liti- gation, did institute and successfully pursue needed litigation, whereby the sole assets were secured. If he did the profes- sional work why should he not be allowed therefor, at least, the amount he would have had to pay some other attorney, whom he would have been compelled to instruct as to de- tails ? �There is no danger of abuse in such matters, because tha allowance is to be made by the court, just as in trusts gen- erally, where the chancellor passes on the true measure of compensation. Here the work was well and successfully done, and the compensation reasonable. Indeed, but for the haz- ard the assignee took no assets would have existed. �The motion to set aside the allowance is overruled, and the e tfa allowance grauted,Bubject to the approval of the circuit indge. ��� �