The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1881-03-08

RANDALL
Chairman the Special Committee investigate charges
against Chief Justice Randall, to make report
Which agreed to-
The following is the report:
The appointed investigate and report upon the
charges made and published by member of the bar in
pamphlet and the Economist against Chief Justice
Randall, beg leave to report as follows:
The only charges above referred respect which any
certainty has been attained by your committee are the follow
Chief Randall declined in the
case of Holland VS. the State of Florida because
counsel in the the having arisen in State Court
since his appointment Chief Justice in 1868.
3D. That assuming to be true that said Chi Justice did
sit in the of Holland the State of Florida because
of his having been counsel before his commission such Chief
Justice, matter that in conflict with or bore
the question in said owt the validity of the bonds
issued by the State in aid of the NJ R. r. under the
Of 1s697O that the interest equally disqualified him.
Chief Justice give Harrison Reed Governor of For
da the 2th of February 1871 the official opinion which
he did give involving the validity of the bonds
which made and improper for him to sit in that
ought to have prevented the giving OF the official opinion to
Governor Reed. III
r. L. Campbell Esq., avowed author of said pamphlet
and article in the Economist having been summoned appeared
before your committee and having substantially stated the
foregoing charges personal knowledge
the of Holland the State of Florida
in the 18th volume of the Florida reports page inquiry
and opinion in regard public works 18th volume of the Flor
ida reports at pages from 6S9 to 1872 included.
The person who appeared before your Committee and
who request Chief Justice Randall who hax
ing his attention called to the facts involved in said charges
did make which written down under his
vision, and which is hereto annexed
Next c. H. Foster Esq., the present Clerk of the Su
pree Court bringing with him the record book of said Court
containing entry the effect that Chief Justice Randall
din sit in said of Holland the State of Florida be-
cause he disqualified. I II
Then followed Fred Myers Esq., former Clerk of the
Supreme Court, whose testimony is hereto attached
No other testimony having been offered though opportunity
for doing afforded your Committee entered upon the
of the matter referred to them upon the facts
claimed above stated and with the following results
In connection with the fact that Judge Randall
mssoned in 1868 the of Holland the State before
fairly and naturally subjects him to the charge of
acting whilst Chief Justice counsel in originating
in Circuit Court of this State and likely come did
afterwards come before Court of which he Chief Justice
Nor there anything the entry the record of the Su
neme Court which contadcs the statement in the note
of Holland the State above referred for the
only he disqualified and the latter he
had been counsel in the which disqualification
Again, the volume in which the reported pub
statement that Judge Randall counsel in the case seems
have been made in the records of the subsequent
volumes of the reports of the court
1t that in his statement, herewith reported Judge
Randall he not counsel in the case OF Holland vs.
State and that his disqualification sit from the fact
of his employment in other matters before his commission
Justice but your Committee find themselves compelled
% reject his explanation for which will be made OBJ
vio and consider the primG embraced in the
first Narge a still standing without explanation.
1uair te case against Judge Randall as stands
upon his action the OF Hoand va the state and his
official opinion Sovernor Red AND your Committee can
prevented Judge Randall from sitting in that case
him refuse the opinion called for by Govelo Feed
To that irresistible Inference Judge Randa says
will state in regard to the advisory opinion that the ~
had not read the of 1862 under which the bonds
sued and the provisions of thaac contemplated
all in giving the advisory opinion
Vow. your committee it incredible that Judge
should give formal written, official opinion which related
to- and could relate to nothing else but and
stuhonaitv without having read such statute especially
when the letter of inquiry calling for the opinion refers
specified sections of such statute in connection with
constitutional provisions being in them and therefore
committee have felt themselves compelled refuse all consd
Grafton to Judge Randas statement, and
would further say in regard said statement assuming
it to be true affords conclusive evidence in itself
disregard of his duty responsibility and obligations
in giving such opinion, and indeed committee
that statement they find good grounds grave charges
against Judge Randall those they specially required
investigate.
In conclusions your committee declare that they believe
be the duty of this House mpeach Judge Randall before
the Senate upon the following charges
First That he being Chief Justice of the Supreme Court of
Florida did dsQuay himself to sit such Chief Justice by
becoming the counsel Of Ito your committee unknown
party person interested in the of Holland The
State of Florida, above referred to.
Second That being disqualified do the said Edwin NJ
Randall Chief Justice did furnish to Harrison Reed Gov
ernor of the State the official opinion above mentioned
Third That the said Edwin NJ Randall in making the above
rced statement before committee stated what he knew
to be untrue.
Fourth That assuming said statement be true he
guilty upon his confession of conduct utterly nconss
ent with justice and the Office of a Judge.
And committee do therefore recommend that articles
of impeachment the foregoing charges be prepared and
preferred against the said Edwin Randall Chief Justice Of
the Supreme Court of the State of Florida.
WIN. MILLER, Chairman,
L. L. NEwsoM,
A. q. MORGAN,
J.W. V. r. PLUMMER.
On motion of Mr. Cottrell, the report received.
Mr. McGrath made the following minority report:
Hon. ]. ]. HARRls,