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rather than a point contractor type equivalent system approved by the starter. This minimizes slippage and Bureau. will permit smooth starts thereby 19. The stopping of the belt creminimizing heat at the drive. ates a silence in the mine which

13. The belt system has the fol- serves as an "audible” warning syslowing devices which will automa- tem to men in the mine. tically shut down indicate 20. A communications system is impending trouble: slip switches; installed and maintained so that belt drift at the head and tail pirces suitable communication is main(sic);

belt pierce switch; a chute tained with miners. plug; a motor heat; a thermal mag- 21. Water is put on the belt prinetic overload switch in the motor; marily for dust control but it does a belt slippage switch and a motor also create a wet belt. bearing temperature increase.

22. Firefighting equipment is 14. Signal lights monitoring located so that miners can transport these devices are displayed on a it and attack a fire at an affected panel which is viewed by the TV belt drive within fifteen (15) mincameras.

utes after being notified of a fire. 15. The transfer points on the

23. The mine has a large source main belt are monitored on a closed of water available from a large dam circuit TV system.

which is fed by a stream. City water 16. The TV system is viewed by is also fed into the mine. The main a trained man in a control room water lines are located in the haulwho can stop the entire belt by use age ways with water tapoff lines of a switch.

leading directly to the belt drives. 17. The belt will not be operated 24. Firehoses capable of deliverunless the TV system is in operation ing a minimum of 50 gallons of or in cases of an emergency where a water per minute at 50 psi to the TV camera is not functioning, a belt drive equipment will be proman with suitable communication vided within sixty (60) days of date to the control room operation will of order of the board or as further be located at such drive or transfer extended by the Bureau of Mines. point in lieu of the TV camera until 25. The fireplugs have constant the TV camera is repaired. water to the valves and are tested

18. After the belt drive system at regular intervals. is stopped following a production 26. At least 500 feet of hose will shift each belt drive area will be be at each belt drive. (a) visually inspected for fire 27. The ventilation system will within four hours after shutdown be maintained so that persons fightor (b) the operation will be attend- ing fires will be able to travel and ing the television detection control operate in intake air during fire panel system for a four-hour period control activities. following shutdown or (c) any 28. There four specially

are

May 30, 1973

а

a

equipped fire trains strategicallycific lines of authority to direct the located within the mine so that at fighting of a fire. least two and possibly four trains 37. There are several fire comcan approach a fire in intake air. panies located within five (5) miles 29. A locomotive is attached to

of the mine and their equipment is each fire train. The locomotives are

available. tested weekly.

38. The mine is located in an area 30. The fire trains consist of the

with seven or eight other mines and following: a car with approxi- equipment and well-trained men mately eight tons of rock-dust; a car

from these mines are available to with various brattice, fire extin

fight fires. guisher, tools, etc.; a water tank

39. Ventilation doors are installed with a 1,200-gallon capacity and

to control the air flow over the belt high pressure pump capable of de

drives in case of a fire. livering 50 gallons of water at 50

40. Power is sectionalized so that psi. A special foam generator equip- it can be cut off in any area of the ment is available. 31. High pressure rock-dusting

mine and still permit fire trains to machines with attached hose are

get to the fire location. available in the working areas of the

41. The men in the mine walk secmine and can be transported to any

tion escapeways once a month. fire location.

42. Gateway Mine was used as an 32. At least one portable ABC example of an excellent fire fightdry chemical fire extinguisher is lo- ing program by the United States cated at every belt drive.

Bureau of Mines in a recent publi33. There is a more than the re

cation #8631. quired of 240 lbs. of rock-dust lo- 43. The United Mine Workers of cated at each belt drive.

America did not appear at the hear34. There are two completely ing to object to this Petition for equipped well-trained mine rescue

Modification. teams of 16 people within the Jones 44. This Agreement applies only & Laughlin Steel Corporation mine to the Gateway Mine of Gateway complex in this area, of which Gate- Coal Company. This Agreement way mine is a part, who train at shall continue in effect until such least one day each month.

time as the management of Gate35. All Assistant Mine Foreman way Mine determines in its discreare trained in the use of fire sup

tion that it shall no longer operate pression equipment.

in whole or in part in accordance 36. There is a planned, well-pub- with the terms of this Stipulation licized and posted procedure for

and Modification Order and that it methods of fighting fires and spe- will, instead, operate in accordance

[blocks in formation]

CONCLUSION OF LAW 140.2 Indian Probate: Attorneys at

Law: Fees
The belt system at the Gateway
Mine as set forth in the Stipulation

Contracts between attorneys and Indian

clients for fees are not controlling upon of Facts is an acceptable alternate

the Government when payment is to be method of achieving the results of

made from the funds of a restricted or the Mandatory Safety Standards of trust estate. section 311 of the Federal Coal

140.2 Indian Probate: Attorneys at Mine Health and Safety Act of 1969 which at all times guarantee[s] no

Law: Fees less than the same measure of pro- Attorney's fees in Indian probate will be tection afforded the miners in the determined on the basis of “reasonable. Gateway Mine as the standards of

ness” a corollary of “quantum meruit"

defined “as much as he deserved." section 311 and the implementing regulations.

140.2 Indian Probate: Attorneys at WHEREFORE, the parties Law: Fees respectfully request the Board of

When an attorney seeks a fee allowance Mine Operations Appeals to ap- from a Judge other than the one before prove the Petitioner's 301(c) Peti- whom he appeared while performing legal tion for Modification as set forth in services, it is encumbent upon him to this Stipulation.

make proof of the extent of the services and the skill employed; the record must

be complete when the matter reaches the Date: 12/13/72

reviewing authority; and in such cases a Daniel R. Minnick claim for fees based solely upon the gross Gateway Coal Company number of hours worked multiplied by an

arbitrary rate per hour will be given little

credence. Date:1/11/73

I. Avrum Fingeret APPEARANCES: Houston Bus Hill Attorney for United States and Thurman S. Hurst, attorneys pro Bureau of Mines

se.

June 5, 1973

OPINION BY MR. MCKEE affirmed by the Supreme Court of INTERIOR BOARD OF

Oklahoma in State ex rel. RobeINDIAN APPEALS

deaux v. Johnson, — Okla.

418 P.2d 337 (September 13, 1966); This matter is before this Board

5) Mr. Hill was the sole attorney in for the second time. This appeal is the guardianship matter and Mr. from the decision issued by Judge Hurst was co-counsel in the divorce Curran, July 21, 1972, denying the proceedings; 6) on April 15, 1966, petition of Houston Bus Hill and

the need for the guardianship ended Thurman S. Hurst for rehearing. upon the Indian Bureau's decision The Board's first decision, Estate of to reassert full control of the trust William Cecil Robedeaux, 1 IBIA estate income; 7) according to the 106, 78 I.D. 234 (1971) disposed of final accounting filed in the guarda number of issues, but remanded ianship on April 19, 1966, Mr. Hill the single issue of the appellants' had received a total of $700 as fees, entitlement to and the amount of the last installment having been attorney's fees, if any, for further paid on that date; 8) neither the hearing and decision. The appel- final accounting nor the amended lants' claim was for a total of $8,250, a

final accounting was ever approved and after the remand-hearing by the county court since the objecJudge Curran allowed $1,500 to tions and other pleadings filed by which appellants object.

the wife are not disposed of; 9) Mr. The fact situation is largely set Hill did perform additional services out in the Board's first decision. For

in the guardianship, and in this the purposes of this decision the fol

probate is claiming an additional lowing summary is sufficient :

fee of $1,500 of which he has been 1) The decedent was married at awarded $300 by Judge Curran; 10) his death; 2) he died December 16, the county court of Oklahoma 1968, leaving a will dated March 2, County issued no orders authorizing 1967, which has received a Depart- the employment of Mr. Hill as atmental final approval; 3) in 1957, torney for the guardian or the ineleven years prior to decedent's stitution of the divorce action; 11) death, a son, Willis Robedeaux was no petition to fix fees was filed in appointed by an Oklahoma court as either the county court or the disguardian of his father's estate to re- trict court; 12) no fees were adceive and disburse the income de- vanced or paid during the course of rived almost exclusively from the divorce action, and although the Indian trust property; 4) during decision in State v. Johnson, supra, the guardianship a divorce action was issued September 13, 1966, the was initiated in the decedent's own divorce had not been brought to name, and his ability to prosecute trial on its merits prior to decedent's the suit in spite of the apparent dis- death on December 16, 1968; and ability of the guardianship was 13) in this probate Mr. Hall and Mr.

of

Hurst are claiming fees for services to which the attorney (the same Mr. in the divorce action in the amount Hill as is here involved) was enof $6,250 of which they have been titled and allowed $1,000 of the awarded $1,300 by Judge Curran. $9,456.33 claimed. The regulations

In support of their claim for fees, then in effect, 25 CFR 15.26, and the appellants attempt to rely upon those currently in effect, 43 CFR a copy of a contract of employment 4.281, include substantially the same of Mr. Hill only, the original of provisions, which appellants assert is lost, and

* In determining attorney fees, which the son denies approving in

consideration shall be given to the fact any capacity. In paragraph 4 of the

that the property of the decedent is restipulation made part of the record stricted or held in trust and that it is of the hearing held on May 10, 1972,

the duty of the Department to protect

the rights of all parties in interest. after remand, the strongest statement Mr. Hill could make was, This provision brings upon us the 66* * * that to the best of his knowl. application of the doctrine edge and belief the decedent * * * "quantum meruit” above quoted signed and executed the [original which is correlated with “reasonaof] attached 'contract and power of bleness.” attorney' marked Exhibit 'C' * * *.”

Judge Murrah wrote in the deciNo one has testified the decedent ac- sion in United States v. Anglin & tually signed the original, and the Stevenson et al., 145 F. 2d 622, 630 copy bears the signature of Mr. Hill (10th Cir. 1944): only.

* * * it is well settled that in cases of That part of the contract upon

this kind the allowance of attorneys' fees which the appellants rely is the pro- is within the judicial discretion of the vision “* * * I hereby agree to pay

trial judge, who has close and intimate you a fair and reasonable attorneys knowledge of the efforts expended and

the value of the services rendered. fee, based upon quantum merit (sic) * * *." In Black's Law Dic- It is well stated by the court in tionary (Rev. 4th ed.) “quantum Kimball v. Public Utility Dist. No. meruit” is defined, "as much as he 1 of Douglas County, 591 P.2d 205, deserved."

64 Wash. 2d. 252(1964): The establishment of a contract

Canon of Professional Ethics 12, RCW becomes moot under the rule laid

Vol. O, * * * describes the determinants down by the Solicitor in the Estate

upon which reasonableness of the fee may of T'ah-wat-is-tah-ker-na-ker or be assessed. Such factors as the time Lucy Sixteen, IA 1324, 70 I.D. 531 and labor required, difficulty and com(1963) wherein a contract for a con- plexity of the problems encountered, the

amount, size and benefits to accrue from tingent 25 percent fee was held not

the controversy, the experience of the to be controlling. The Judge (for

lawyers, and the customary charges of merly Examiner) acting under the

the bar for similar services—together regulations had made a determina

with the other considerations mention of the reasonable compensation tioned-all are strong, though not con

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