Summary

Portrait of William Howard Taft William Howard Taft In re Gilbert (276 U.S. 294) — Opinion of the Court

We realize that by our order we have required, not only restitution of what Gilbert kept in excess of our decision, but also 6 per cent. interest thereon for nearly six years, so that his restitution now leaves him little out of the fee which we held he was entitled to receive. More than this, he paid income taxes for one year on the whole fee as allowed by the District Court.
But mere restitution is not enough, considering respondent's departure from duty, We must give our action a punitive quality to mark the high obligation of the members of the bar to respect the decisions of the court.
Source: Wikisource

Portrait of William Howard Taft William Howard Taft In re Gilbert (276 U.S. 294) — Opinion of the Court

If, in the opinion of the gas companies and of the District Judge, our conclusion in the case was mistaken and unjust, it was open both to the respondent Gilbert and to the gas companies to bring the matter again before this court for reconsideration, instead of allowing our decision to be defeated. But, instead of coming to the tribunal which had authoritatively decided the matter, Gilbert relied on the tolerance and favor of the litigant companies, in whose favor on the merits of the case he had decided the issue, not to move for compliance with our decision.
Source: Wikisource

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