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

this purpose in 1857 The Holland case 10 was explained to
from the record and by briefs Of counsel involved the
validity Of certain State bonds known railroad aid bonds
under the act Of think 1869 and 1870 T4ndeo0d ques
ton that only involved the validity Of those bonds
but ultimately involved the question Of The priority Of lien
upon railroads those bonds and bonds issued
by the railroads under the Internal Act Of 1866
understood from Mr. yose in ths of proceedings in
which engaged for him. that he purchased considerable
quantity of bonds Of the Pensacola Geerg Railroad aid
Tallahassee Railroad and the proceedings I'M which
poyed only concerned the bonds of the Foda Railroad
which he had previously owned also bonds the PEN
sacola Georgia Railroad and Tallahassee Railroad There
fore. considering myself committed against counsel for
Mr. Vose in reference matters and questions arise in the
Holland case, declined to sit in that
the bonds represented by yea which,
sci for Mr.. Vose you represented lien Florida
Central Road or the Pensacola and Georgia Road
Answer did not represent Mr. Vose proceeding Of
the Florida Central Road he had bonds pon road in
the bonds road did not represent Mr. vose
after the of 1868 before the court did practice
in any attorney He advised with the
employment counsel and conferred with other cou
sci that he had employed in the was not employed by
a Sos or anybody else aeT was APPOINTED :' J1dg
State of Florida briefs from 456 td 5I7) also call
the attention Of the Committee ohe opinion of Judge Bson
Judge westcot also, page $780, Supreme Court VIII state
further that the charges against came understand
from anonymous publication ina newspaper will state
in reference that advisory opinion
given had read the Of 1863 which those bonds
were issued and the provisions OF that act were not eontem
plated at all in giving that advisory opinion it had refer
ence in any to matter to subject in which had
been engaged as counsel. III
QuestiOn-What the date of commission Chief
Justice of the Supreme Court
Answer think it was in August, 1868.
Mr. Waker-Did represent eounsel advise in
any holder holders of the bonds of the State Of
Florida issued under the of January 1870 amenatory Of
the act of June 1862 which we're exchanged for the
the Jacksonville Pensacola and Mobile Railroad Company and
of the Florida Central Company?
Answer-I never did, 81
Did you individual
in procuring the issue causing be issued Of the bonds
last above inquired about: E4
it accordance your understanding of judi
ca proprey that whenever is presented to the Su
Court and appears readno the record or the
briefs of counsel that question may arise in the progress of
the hearing which it be for the
Court respect Of which of the Judges has
expressed an opinion as counsel before he became Judge
his duty decline to sit in the c without pausng
to have the question Of popey udica determined and is
that the rule which has been uniformly observed by
self and Associates the bench of the Supreme Court of
this State?
Answer-That rule has been observed IN this Court
other Courts.
Chairman-why it, Judge that the in the Holland
case has not been altered by you !? tt
Answer-I never had any control over the printer
porter in fact had noticed the memorandum only in
the last few days. 81:
Chairman-Should not such memorS1dum appear the
records of the Supreme Court Fl
AnswerThat memorandum does appe-r and does not
correspond with the record of the Supreme ,Irt
Mr. Pummer-You say that after you hsd retired counsel
for Mr. vo in consequence of your appointment Chief
Justice advised with him the employment Of other
counsel and conferred with them win you be kind enough
to state what time this conference took place!
suggested
different times naming the gentlemen he had employed and
desired confer with them regard the status Of the
during my connection with and Whist had been the
ory in regard to the prosecution of the
Mr. Foster Clerk of the Supreme Cour who, being sworn
That the book brought before the Committee contains
the of the Supreme Court and heeupon there sub
mitted the Committee the Of the of the June
term 1875 of Holland against the State of Florida and
Others which follows 18th of JIne, 1875. See Su
Court record notesecond paragraph 539 18th
FlOrida-) ii
By MI. Plummer f
Mr. Chairman-Resolced That 7, AEamnbelI Es0 he
permitted represent the charges by against Chief
Justice Randall before this Committee which put to
vote and carried unanimously n
Mr. Myers being sworn says Clerk Of the Supreme
Court at the time this decision made!
Wtnesss attention being called rce at foot Of page
ST. 18th Florida Reports asked state by whom said note
made. }E
do not know of my knowledge, but presume it
why do you presume it was by the Reporter
Answe-Because it his duty report the decisions
no one else was connected with it. 4.
or no the reason assigned
Reporter the given by Judge Randall in court
the for his disqualification and which s the evidence
of the for such disqualification the minutes Of the court
or this note of the Reporter IS
Answer-The reason, if recolect right assigned in
the order Of the The order drawn up by Judge
Wesco and handed and recorded the minutes
In ordinary ali and Judgments without the
assistance of any of the members of the court The record
Of the s the proper evidence of the disqualification and
Reporter should have the record Of the court
| the Of the disqualification Of the Justices.
Mr. Waker-You have said that in ordinary yen
accustomed to draw the ORDERS &C. Are we to understand
in the in which you have used the expression
dinary casei IS
AnswerIt ordinary case because two Circuit
Judges had be called in in the sad Of the disqua
| fed Justices II
| TALLAHASSEE, fla, February ss, 1884,
HoN. WM MILLER,
| Chairman Of Assembly CommiHee:
SR We have the honor inform youhat We have been re
quested by the Hon. H. Randall to appear his counsel
before your committee and to request this you win noy
and where shall appear We weud also respectfully
ask to be furnished with copy Of the charges which e
be the subject Of your investigations at te earliest prAc
moment that be prepared with sHch testimony
may properly furnish for the infomaea Of he cemittee