The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-01-08

ages by Odin of old, as represented in Gray's
poem:
"Unwillina my lips unclose, s5
IL Leave nae. leave nae 10 repose." t4
So far as personal alteration is concerned,
1t was always distasteful to me. Time and the
times have made it hateful. But turn when
trodden on, and the report Of the Joint Com
mlttee OF the two houses of the Legislature,
on the subject OF the bank, compels reply.
Why these grave gentlemen, the Hon. D. rs
Cerbin and Mr.. Reuben Tomlinson, in publ
lie document processing to deal only in facts
and figures, should feel themselves called on
to asperse, and by 'sdamnable inuendo. to yil.s
lIy individuals engaged in the performance or
professional duty, fail to perceive. There
was time in South Carolina when such asper-
sions would have involved personal respon-
charge. But our fortunate (?) State is, sup
pose, IN the march Of progress and reform re-
heyed from those barbarous and anttquated
restraints re- t upon i'll nature and malignity. To
report, do not believe that ill nature or ma
Lightly PROMPTED their unwarrantable assault
on OF the counsel who had just been sustained In
The soreness Of defeat may have given acri-;
mony to MI. Corbin,. who was Of counsel ON
the losing side; but the report, do not Think,
was written by him. The vanity OF the rhet.
and sarcasm, is often, however, more ruthless
tnan resentment. A well turned sentence cosa-
pensates for all injustice and possible injury
done to others, - = ~ - - fssfA 4
IomlInson condemn Mr.. CaEspbell and nayself
then we are condemned. The gratuitous afiS3H
Insulting comments Of Messrs. Corbin. aasa
Iomiinson are mere impertinence. and think
can afford to treat them as such.
The facts presented are these: &
f1rst. ,The counsel MIR. O. and myself) re-
present several different defendants in the
sam same suit in equity, TO wit: The bank, tho Bar
There may be something in the progressive
code OF morals and honor, recently introduced.
which is opposed to this; but as q practitioner
N the old Court OF Equity, of thirty six yeArss
bar, avew that was never aware Of the dnaT
propriety, SO long as the interests of defend
anss M " were re alike. they might properly be repre-
fsnina Rareaa by the same II the
was solicitor r's Of ths hsh' bank n oe1edds snd M
Baringss, with this knowledge, retained
me, me, the the bank consenting., Miss simonsa
furnished with my answer for the bank before
engaging me. The bank answered rs . Trus.5
tee under the acts of 1888 and 1866, and the
barings and Miss Sinons were the apssuis
proposed to take away the funds held BY tho
trustee for their use. Hew can you conceive
parties more homogeneous It is certainly
iess Teae. singular than. holding the ofa.es or
United states District Attorney and state
Senator, Attorney General and Circuit Sojici-
House, 30. 3, -F ss-ns' : = ss
Second. Mr.. Campbell and myself sanctioned
the payment Of fee Of $3.50 to Mr.. Thomas ~
.Smona q, n We thought Mr.. Eiinons, servicess
worth that much to the bank, ID; sustaining itS
position aS nm Hanest trusted dssilliix to aptSfW
the "a funds 90 directed by the Legislature. Nj.
sisted OF State stock, on which no interest had
been paid tor some years. This could only DO
sS SOD a. an enormous discount. Mr.. Dawson,
tneretorS, could advance nothing, and Mr..
Campbell and myself, believing that the trust
fund would bo ultimately liable for expenses
incurred, advised the bank to secure MI. SIM
ons' AID by this moderate advance. II there
crime IN this? The bank had q right, certain
~, 10 employ him directly. They preferred to
avail themselves OF his services in this less ex-
paaelve way. Does Mr.. -Corbin know OF no
osner instance of corporation employing
SSnnsel SSons s sas much higher figpre) over and
tanned assistant counsel? Why deny to the
: bank what Mr. Corbin and Mr. Ohamberlain
concede to other corporations? The bank
wanted Mr. Simons' services, and we Thought
The third part is directed against myself In
dlyldvally, TO wit: answered the bill Of Dab
ney, Morgan d 90. as Attorney-d General, With
out QUIT the sanction Of Governor Orr. + may he
ONCE OF Attorney -General, I supposed that in
such matters bad discretion ofmy own. and
apRlled to the Governor only when I thought
the case demanded . fee from the contingent
Exceltency, Itook it upon myself. as Attorney
General to sustain the validity OF an aot Of
the Legislature which was attacked, and be-
came 2 party, as had q right to do, for that
the report refers, alludes, 1 think, to the ques-
tion of the liability 6f tho State to pay the bills
OF the bank. Upon that question bis Excel-
lency was - always much more confident than
was not liable for those bills, and / could
not persuade him that the decision OF
the Court OF Errors as to tho receiva-
bility Of such bills IN payment OF tases, Was
the Governor expressly deciined to authorize
an appearance in the Supreme Court at Wash-
ington, and don't know that an appearance
q has been entered to this day, The Legislature
aot of 1912 on which this question arose. The
incapacity of the Legislature to repeal such
an act is res ddjudtcata in the case oil Frapnal
ys. Woodruff, in 10th Howard, 2O8 This body
adopted by the Board OF Directors OF the Bank,
and accepted by the Barinas, I think equally o
contract with the act OF 1912, and to disregard
the act Of 1888, whichI think likewise contract.
answer tiled BY me. and after ! ceased TO rep-
resent the State as Attorney General, That
answer, conforming, as 1t did to the thon ex-,
pressed legislative win, with my views. was
ernorSOrrs .S, yIas M ssssG & 'rg. STsr.ss
Bnt the gravamen Of the charge against the
counsel In this case (ssns szog sinchrsmnj!) is
the s.oAgTIoE" endorsed Q j ths bonds of the
reads % folllows: Il ,ssg,,, q ,,35 n sH7s,
.sThs sond constitntes q portion Of the assets Of
.the Bank OF the state Of South Carolina embraced