The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-03-27

" - AE%N1EIf tAtkkA man.
Hon. o. {. French:
In reply To your inquiry would state taa
I have not given the act referred 70 g yer
thorough investigation, but am Of opinIo
that it is
NOT IN CONFLICT WITH THE CONSTITUTION
In my opirion. roads that have gone for
ward. relying upon State aid to enable then
to construct their lines, have acquired
VESTED RIGHT
under the act. aud one that the Legislator
cannot affect by its repeal
j. 5. Morris,
Attorney General.
lit is proper here to say that the fact wa
ELECTED at a subsequent stage of the investi
CATION, that the Attorney General was calle'
on for this opinion by the Railroad Com
mittee, WHO had before them the bill 10 re
peal the Subsidy Act, at the instance Of Col
Mann, Vice President of the NJ. & NV r r
Co, who, on the next day. gave the At
torney General a sight draft for $500 ''oI
account counsel fees The opinion of the
Law officer of the State was regarded as {
settler, and the Committee did not report in
favor of repeating the Subsidy Aet.--EDs
CLARION
Testimony Of Chas. A. EsrOugher--
Law Partner"
FEE, II He RECEIVED FAVORABLE OPIN-
ION OF $1,000 IN THE WARRANTS TO BE
ISSUED"
To Judge Morris:
Q. State whether or not you and | are
partners, and if so. in what respect, and all
about such partnership?
In May last we formed a partnership in
the practice OF law, which partnership was
a limited one-I to have no interest in the
Attorney Generals salary, or in any case IN
which he might be officially employed |
was at liberty to be employed IN cases
against the State or in defense OF criminals.
Fees arising from such cases were mine
only. The partnership was formed because
Judge Morris needed an assistant rs counsel
for the United States in the Court OF Claims
and in cases pending before the mixed COM
mission on American aud British Claims.
In cases III which we were partners under
the agreement, the fee was to be equally
divided. Our partnership extended TO all
civil business in the Chancery and Circuit
Courts and in the Supreme Court and United
States Courts, but not to any business in
which you might be officially connected.
q. Was you here at the time Col Falknfr
applied for railroad Subsidy 10 be issued TO
his railroad, aud do You know anything
abont that matter, particularly with regard
to the opinion OF the Attorney General in
reference to said subsidy! Aud had you
any connection with IT. or knowledge OF 1t
and OF the circumstances attending the Civ
ing OF any opinion by the Attorney General,
that matter: If 80. state all yea
know about it.
A. was in jackson at that time, and
knew Of the application of Col. Ealkner for
Subsidy warrants had been made and refer
red TO the Attorney General. Col. EaIkner
T. and asked assist him. ii |
could i'm any way, and proposed to give me
a fee, if he received favorable opinion, of
$1,000 IN THE WARRANTS
asked to be issued. had sewers interviews
with the Attorney General on sae subject
and urged him as warmly as ! knew now, t.
give a favorable opinion On the sEbject.
This | did on the ground that Cot kalaner
W as an Old friend and cOuntrEman OF miit,
who represented to me that he had succeed
ed in building his road upon The faith 81 re
ceiving Subsidy from the state; q urge
number OF laborers We're encasuned at Rip
lev, awaiting his return, most ct whom
were Irishmen, who. under the influence of
liquor, might fire the town and commit
other outrageS, were they not palI ~ he
had promised to do on his return from Jack
son; that he had no other means OF paying
them, and that he was absolutely
AFRAID TO GO HOME
the HltallS OF pay IliElft- l5ftS>ttu
these considerations upon the Attorney
General. | investigated well as | could
the legal propositions involved. And eN-
pressed to the Attorney General that there
was no constitutional objections TO the issu-
ance of the warrants, which opinion | still
entertain. | thought it a case in which /
had a right to take
FEE,
under the terms OF agreement, and the At
forney General knew nothing about it until
his opinion was given. [ saw the ATTORNEY
General late in the evening, as / was on nv
way home, at bis house, and reiterated all
the arguments | could on the subject, and
left for home, hopeless OF a favorable opin-
ion. / left next morning at daylight for
Vicksburg, and without seeing him again.
When l returned [ found that the opinion
had been rendered and warrants issued. Col.
Falkner gone home, and found III the office
in an envelope sealed and addressed to my
self containing
A $4,000 SUBSIDY WARRANT.
told Col. Falkner l would try to obtain
favorable opinion.
O. Have ! ever received any part Of that
warrant, or anything else, or the hope or
promise OF anything else in lieu thereof,
with your knowledge, or am L ever TO re-
eeive anything on that account, on any
agreement or hint from you or any other
person?
A. Judge Morris has never received any
par of said warrant, nor anything in lieu
thereof nor has any other person received
from him said warrant or any part OF the
proceeds thereof
Q. Was that one OF the warrants which
was condemned by the Attorney General as
being subject to Constitutional doubts, and
probably not TO be paid?
A. 1t was one of the warrants Issued rs
Subsidy TO W G Falkner, tor the Ripley
Railroad Company.
O. How long after the Attorney General
had given his opinion before any converse
ton occurred between you and him in re-
spect to it, and before he had any intima-
ton from you of your having received Il
retainer in the matter?
A. think 1t was the next day.
Q. Do you know of any intimation TO me,
by anT body, of any possible pecuniary in
terest to myself or TO any other person. eX-
cept to the Railroad Co. or its laborers, de-
pendent on any opinion that might give as
General Ii SO, state all about 1t.
A. l do not.
Do YOU know whether, pending the con-
sideration of the question, expressed any
decided opinion about it; whether or not it
was d question about which | expressed
PERPLExITY AND DOUBT?
And do YOU know whether | sought assist
ance in deciding it from any m ember of the
bar? State all you know under this head.
A. know you seemed very much in
anxious TO give favorable
opinion, if you could do so; and. to my
knowledge, consulted Judges Campbell and
Potter on the subject. Up to the jme of
your final opinion, you had expressei to de-
cided opinion on the subject. | thou ght the
inclination Of Your mind was against the
issuance of the warrants, up to the time |
left for Nicksburg-
Judge Campbell and / were in the office
together when you came in: don't know
hot, va inxyitpT him NJ M fbipl-
sought Judge Potter TO consult him thought
your feelings were at war with legal opin-
ion, on account of your sympathy for Col.
Falkner. You desired to give a favorable
opinion If you could.
O. State whether or not either of the law
pers named, told me, or whether / knew,
they were retained in the matter?
A. have no knowledge on that subject