The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-09-09
Atkinson's Defense.

In the House on Monday Representative
Atkinson made defense 10 q frequently
repeated charge that be illegally accep'eu "
fee of 81 900 to assist in representing 'no
state before the commission when was au-
thorized to settle the Western ana AI4aut'c
betterment question which VIII De very
generally accepted as satisfactory whether
or not beinO a member Of the legislature,
he had a right to accept employment from
the state NAV be debatable question, but
in the light of all the facts 1t Is evident
tbot II he erred he did not do so knowingly.
In accepting the fee, therefore, he dld
nothing calculated TO lessen him In the
esteem of fair-mindet men.
It seems that the question was suggested
n the governor whether or not Mr.. Atkin-
son, being a member Of the legislature
could legally accept employment from the
state. Tlis question was submitted to Hon.
| Clifford Anderson. then acting as attorney
general. and Judge John l. Hall, who rep
resented the state before the betterment
commission. Both of them expressed the
opinion that there was nothing in the con-
stitution which prevented him from accept
ing fee from the state for services in the
betterment matter. Hon. Clifford Ander-
son said that he entertained no doubt what
ever about the question. He declared that
he did not regard the employment Of Mr..
A tkinson as such an appointment as is re-
ferred to in the constitution, and Judge
Hall entertained the Same view.
1t seems to be quite clear that what the
constitution means is that no member of
the legislature shall accept any Office or APP
pointment while a member of that body.
II requires strained Interpretation of the
constitution to bring the place which Mr..
Atkinson filed within the limits prohibited
by that instrument, if, in fact, it can be
brought within them at all.
And Mr.. Atkinson seems TO have been
very frank about the matter He said to
the governor and the governors advisers
that if there was any doubt as to whether
there was legal obstacle in the way OF his
acting as attorney for the state, he would
not accept the employment the governor
offered him. But there was no doubt on the
part Of these who were competent and
authorized TO advise the governor, and,
therefore, he performed the service and
accepted the money be had earned.
Nothing could have been more straight
forward. There was no desire TO violate the
constitution, aud, while there may be those
who hold the opinion that the constitution
was violated it has not been established that
it was. And if it should be established that
it was, Of which there is not the remotest
probability, 1T would still appear that 1t was
Mr.. Atkingon's intention to do right.
Several months ago the charge was made
against Gov. Northern that he had violated
the constitution in employing Mr.. Atkinson
es an attorney before the betterment COM
mission. At that time some of the alliance
leaders were particularly bitter against the
governor The governor, however, con-
scious that he had acted on competent
advice, was not disturbed by the
charge. II we are not mistaken he treated
it with silent contempt. Those who made
it were probably ignorant of the facts in
the case. 1t is certainly charitable to
| suppose they were. 1t is to be regretted
that so many false impressions Of men and
things are given out, not for the public
| good, but to justify feelings of enmity.