Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-11-14

Morton B. Howell deposes as follows:
Being called upon to give my opinion in
regard 10 the fees TO be allowed to Messrs.
Cooper, Ewing and Reese, as solicitors for
the State of Tennessee in the various rail-
road cases, state that was formerly Clerk
and Master of the Chancery Court at Nash
vile, and have been somewhat familiar with
the services, rendered by these gentlemen.
Iagree with Messrs. Bailey, House and
others, that fifteen thousand dollars to each
of them would be a reasonable and proper
fee. awnfrn MORTON B. HOWELL -
Sworn to before me, Oct. 25, 1871.
n. BAXTER, JR., C. & NJ.
G. p. Thruston states as follows:
Having been called upon by the Clerk
and Master to give my opinion in this mat
ter, l win state that concur with Mr.. How
ell in his opinion as stated above. have
been employed as counsel in the case for
various defendants, and have had an oppor-
tunity to become familiar with the work
done by the solicitors for the State.
G.. p. THRUsSoN.
Sworn to before me this 30th Oct, 1871.
n. BANTER, JR., @. q. NJ.
By A. B. HoGF, Dep. G. Il NJ.
Upon this testimony, we learn that the
Clerk and Master has reported in accord
ance with the proof that the services of
each of the three Attorneys were reasonably
worth fifteen thousand dollars. 1t viii be
seen that from the proof taken the Clerk
and Master could not have reported other
Use. But the Chancellor has not yet,
and we believe will not, confirm this
report and allow these fees. We are informed
that, under an order Of the Court directing
the Clerk and Master to turn over to the
State Commissioners or their attorneys the
bonds in their hands, after reserving suffi-
Gent to pay the costs, the attorneys have
obtained possession and divided between
themselves seventy-two one thousand dollar
bonds, which, with the attached coupons
at the market value, would amount to forty
five thousand dollars, or fifteen thousand
dollars each.
We also learn that the Commissioners,
except perhaps Comptroller Pennebaker,
have filed in the Chaneery Court their ap-
plications for a fee or salary of five thousand
dollars each. The Commissioners appoint
! ed by law are six in number: Hons. r. j..
Mckinney, of Knoxville, f. 3. Fogg, Nash
vile, A. Wright, Memphis, Gov. Senter,
Maj. Butler, Secretary of State, and the
Comptroller.
We may possibly be incorrect in some of
our statements. We have, however, given
| them to the best of our information and be-
lief. The public, we are sure, viii be star
| tied, and Justly so, at the exoTbitance of the
fees, and will not, we believe, quietly sub
nit to such demands, especially as they are
! in violation of s'the written law
By chapter 1O2 of the acts of 18TO-71,
passed Feb. l, 1871, approved Feb. 8, it IS
enacted that the compensation allowed to
| each retained counsel in these delinquent
railroad causes ''shall be fixed by the Chan
! cellor holding the court, and shall not exceed
t,co thousand doIlorSfor each counsel" Moth
| ing is allowed to the Governor, Secretary OF
State and Comptroller, er oficio Commits
sioners. To the other three Commission
ers the court is directed to make an allow
ance from TO time not to exceed in the az
gregate for each three thousand dollars.
We are informed that the attorneys for
| the State insist that this is not the law,
although it appears regularly among the
acts of the Legislature as ''passed" and sap
proved" by the Governor. They insist that
there was some informality in its
reputed passage, and that it ought not
to have been reported as passed and
that it was improperly approved by
the Governor. That question was before
the Senate in the impeachment trial Of
Judge Frazier, and before the Supreme
Court in the case of Ridley VS.. Sherbrook,
| reported in Sd Caldwell. In the latter case,
the Supreme Court, speaking of the power
of the court to look into the Journals to de-
termine the validity of the passage Of a law,
said:
His Honor, the Circuit Judge, held the
Legislature that passed the law was an lille
gal body, having no authority to pass the
act of registration. There is nothing in
this record affecting the validity of the law:
it is signed by the Speakers of both Houses
under the provisions of the constitution,
and is, so far as this record presents the
facts, valid law. The point was aban.
doned in argument by the counsel of the
relator and is wholly untenable.
Now that public attention has been called
to this subject, We have no doubt all the
facts viii be elected and Justice done.