National Republican., 1881-11-04
BEN BUTLER ON M,vEAoH.
Ho Thinks the Latter should ne Held to
IGis Retainer.


General Butler has been interviewed
by a New York Herald reporter on the star-route
cases and other matters. lie was asked:
General, there is some public interest in the
position as It is understood, Of the President and
Mr. MacVeagh, the Attorney General, In relation
to the star-route' prosecutions. Are you willing
TO tell me what you think about itY'
General Butler--The condition Of affairs In re-
gard TO the starroue prosecutions presents quos-
ton which for the first time has found itself In our
history In this precise form: Mr.. MacVeagh was
made Attorney General for the nvowed purpose
as remember It, of pursuing the star-route people
and bringing them to justice. Ifthat were not so
in the inception of his candidaturo for the place
II tcertainly was the earliest pronuncamento Of
his business. This prosecution was to be the fea-
ture ofthe Department of Justice under the late
President. Not only that, but the Attorney-Gen-
eral
MADE sUSDRY ouTGIvISGs
as to the vigor with which the prosecution would
be pressed by his office, the enormity of the crimes
of the accused, and seemed to put himself in the
position to be ready at the end ofhis term to claim
the nomination for the Presidency on the strength
of his performance In that direction, as did Mr..
Bristow upon the strength OF his In regard 10
whisky thieves. Mr.. MacVeagh's clients are the
people Of the United States; his case one OF great
alleged public wrong against the people and their
Government; and his retainer the highest law
Office in the gift ofthe President. Now, the ques.
ton comes whether, while his case is actually
before the court, the counsel of the
people should be allowed to throw up
his brief and quit his clients cause. Upon that
have very decided opinion that lawyer can no
more throw up his brief and his clients case be-
fore the court, having been brought there by him.
than can an officer of the army resign or desert on
the battlefield In the face OF the enemy, and all
agree that the latter is worthy Of death, and is so
punished by every civilized nation. True, for un-
faithfulness or any other reason at his pleasure,
the client may discharge his lawyer, as the com"
manding general may relieve an officer OH the field
while battle is progressing, as was done by sheri.
dan in the case of Warren, which, It is now
claimed, was improvidently done, upon which
have neither knowledge nor opinion. but the right
to have so done is unquestioned
SHOULD RE HELD TO HIS RETAINER.
Now, as / understand II, the representative ofthe
client the President of the United States, insists
that tho Attorney General shall prosecute his
cases to the endat least those which before the
courts and II is supposed that they be finished
by December; but from some knowledge of law
SUITS do not think they will be ended as soon as
that Why should the lawyer Of the Government
stand in any different position as regards his
client from the lawyer of any other client having
received his fees in this very high one, with
possible hope in the lawyers mind undoubtedly
of the very large contingent fee which have in
dlcated2 think the President does right to en-
force the rule and hold Mr.. Macveagh to his re-
tainer. In an ordinary case the court would
enforce II against the lawyer one Of its officers,
and would not allow counsel who has received n
fee for trying case for his own purposes, at his
own WILL to desert his clients cause at the pinch
when 1t was before the court, and IL counsel re-
fused to go would very likely call him to the bar
TO show cause why his name should not be stricken
from the rolls see 1t stated that the Attorney
General expects to Withdraw and receive another
retainer in the shape of money for prosecuting
these cases as employed counsel. l cannot believe
this to be true, because man could be so derelc
fduty as to do such thing. In an ordinary case
between client and counsel 1t would not bC
permitted for counsel to take advantage o
his clients being in court to withdraw so that the
counsel might call upon his clOnt for new and
larger fees than what he had engaged to try the cast
for, to be paid him before he would 60 on And a
lawyer hope that this point will be settled b,
the President requiring the Attorney General Il
stand by his cases.
Reporter-Genera what is the real reason fo
the resignation of Mr.. Macveagh2
General Butler--That cannot tell. He undoub-
edly will inform the public either by express dec
laration or by his subsequent acts upon that ques
ton,