Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-11-16
HOusE oFREPREsENrATrHEs.

WEDNESDAY, Nov. 15.-The House was
called to order at ten O'Clock by Speaker
Richardson.
NEW BILL.
By Mr.. Lu'Hpkin-A bill to amend sec
ton 2,150 Of the Code, so as to do justice to
publishers, regulating printers fees.
THE RAILROAD COUNSEL FEES CASE.
Mr.. Martin, from the Judiciary Commit
zee, submitted the following report and res
olution. 1t was signed, be said, by all the
members Of the committee except one, and
his reason for not signing it was that the
language was not severe enough:
Mr.. Speaker: Your Committee on the
Judiciary, to whom was referred House
joint resolutions Nos. So and 81, concern
ing certain fees said to have been paid to
the Hon. E. H. Ewing, W. +. Cooper, and
w. B. Reese, as attorneys for the State, in
the matter of the sale of delinquent rail-
roads, have carefully considered the same,
and they are respectfully returned to the
House with the following report:
Your committee are not specifically clothed
with authority to investigate the truth of
the statements contained in the preamble of
House Joint resolution No. 81. They are
no doubt substantially correct, with the ex-
ception perhaps that the Hon. Francis 3.
FOgg and the Hon. E. r. Pennebaker have
not filed their claim in the Clerk and Mas
ter's office for $1,000 or any other sum.
Your committee have particularly turned
their attention to the law under which these
gentlemen have performed their service to
the State, and to the ascertainment, posi-
bic, Of the authority by which they have
been or are to be so extravagantly compen-
stated.
The act Of the LIST February, 1871, is the
emily law on the statute books authorizing
the payment Of any sum to the committee
or to the attorneys as a fee or compensation
for their services, and it provides that the
committees and attorneys are to receive a
sum respectively, which shall not exceed to
the committee $1,000 each, and to the at
tOrneys $4,000 each.
This was a most wholesome restriction
and guard against an exOrbitant charge.
which the Legislature anticipated would
occur if not provided against, and which it
seems has occurred or is about to occur, in
disregard of the law.
Your committee are of opinion, after an
examination into the reported irregularities
connected with the passage of the act of 1st
February, 1871, that it is valid and bind
iliS dSb VI lllC l1ISloAdbuACg blLtb II Is llUW
the law, and has been since the day Of its
passage, and that the committee named
therein, and the counsel employed by them.
by their continuing in office, have accepted
the provisions thereof and are bound by its
terms. They have acted and contracted
with reference to it, and in legal cOntempla-
ton they could not have done anything else,
and if they have assumed to overstep its
provisions and their restrictions, their acts
are unauthorized and of no binding force
against the State.
Your committee can find no law authOriz-
ing the payment of $4,000 of the peoples
money to the Hon. E. H. Ewing, VIM. F.
Cooper and w. 3. Reese, as attorneys, or
of $1,000 to each of the commissioners as
fees for services rendered to the State.
Certainly it is not found in the act referred
to, which fixes the fee for each attorney at
$1,000, and each commissioner at $1,000,
and which is the only law upon the subject.
The disparity between the amount allowed
by law and the amount paid or about to be
paid to the attorneys referred to, and which
may be paid to portion of the commits
sioners, is absolutely shocking and how
ever pure and ingenious their motives may
have been, your committee cannot hesitate
to condemn the transaction as one not war
ranted by the law, and wholly unparalleled