14 The Daily Chronicle, 98531, Wednesday, October 24, 1973 State Supreme Court to moke final decision on Mayor Alioto's legal fees ByBILLMERTENA OI-YMPIA, Wash. (AP) The state's year-old appeal of unsuccessful attempts to recover $2.3 million in legal fees from San Francisco Mayor Joseph Alioto and others reaches its final step Wednesday with oral arguments before the State Supreme Court. More than a year has elapsed since the appeal was first started because of the complications in getting the record of the 101-day trial of the case in Clark County Superior Court before the Supreme Court and those involved. A jury in the lower court in Vancouver, rejected in 1971 the state's contention that Alioto forfeited Rate increases reflect SEATTLE A Washington Natural Gas Co. Board Chairman William P.
Woods says a six per cent increase in revenues over the past year reflects rate increases instituted to offset gas costs. The utility announced Tuesday revenues of $77.8 million for the year ending Sept. 30. However, Woods said while revenues increased, earnings a share during the period declined by seven cents to $1.44. his fee because of an agreement to stare nearly $800,000 of his $2.3 million fees with former Atty.
Gen. John J. O'Connell and an aide, George K. Faler. Alioto, now a candidate for California's gubernatorial nomination received the fees for four years of legal efforts fighting an antitrust suit for 12 public utility districts and cities which resulted in a settlement in 1965 of more than $16 million from more than 20 manufacturers of electrial equipment.
In its appeal, the state is asking not for a retrial, but for an order by the Supreme Court directing the fees be RETAIN Stan Lawrence District 3 County Commission returned. O'Connell has called the move an attempt "to wash out the jury system in this particular case." After the civil case in Vancouver, federal bribery-conspiracy charges, based on the fee sharing, against the three were filed and tried in Tacoma in 1972. The criminal charges were dismissed after the government finished its case. Seattle attorney William Helsell, representing the state as a special assistant attorney general, said in briefs filed earlier that King County Superior Court Judge Stanley Soderland made several errors in instructions-to the Vancouver jury. A major error, he said, was the judge's instruction to the jury that O'Connell, because no specific law authorized him to do so, couldn't represent the utilities in his capacity as attorney general and he had to represent them as private clients.
State law then did not prohibit O'Connell from engaging in private SPECTACULAR SELECTION OF SPECTACLES Q)lumbian Qpticians 211 North Tov practice while in office. Evidence in the lower court shows "overwhelmingly" he was acting in his official capacity, Helsell said. O'Connell, also a Democrat, and Alioto have contended from the start the court action against them was politically motivated. They also say that fee sharing among attorneys in private practice is a common practice, and have denied any wrongdoing. "What is immoral in the obtaining through hard and hazardous work the Krbss sum of $16.25 million for the people of this state from those who had overcharged them?" O'Connell asked in his brief.
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