The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-10-24
THE EMPLOYMENT OF SPECIAL COUNSEL

Among the good deeds with which the
last legislature is to BIS credited Is all
amendment to the political code forbid.
ding the employment OF any special coun.
sci by any department or commission of
the state without the consent OF the at
t0rney general, except in the cases of the
regents OF the state university and the
harbor com missiuners, which two boards,
for some uniathomable reason, are per.
mitted to employ counsel at will. But, as
far as it goes, the amendm emit effects long
needed reform by destroying power
wholly unnecessary to the various de-
paitments ard commissions of the stats
government, and the exercise of which
gave ample oppotunitytor wanton waste
of public funds.
A typical instance OF tho exceeding lib
erality with which some state com mis-
sions are prone to hrs extra legal talent.
is in the recent employment by the boar
OF ra.lroad com misson of Messrs. Del
mas. Foote and Clune to defend the val
idity of the boards late order reducing
freight rates against the assaults of the
Southern Pacific company. OF course TIA
gentlemen named are able and emin snt
lawyers, we'll worthy handsome com pensa-
ton whenever they expend their time
and talents, and if special counse! is re-
ally needed for the WORK in hand, we do
not.know of any legal trio in the state to
whom THE commonwealth interests
could be more safely intrusted. They are
true blue Democrats and in hearty per
sonal sympathy with the Democratic
platform on the question OF railroad rates.
But in this matter of the employment of
outside counsel there is a principle in
volved that is of vital Importance and
that overshadows the issue that may be
bound up IN a single case. Aside from
the opening for unreasonable extrava-
sgance afforded, it means the distribution
xof the states legal business in a mlsclla-
Z neous and Irresponsible manner that
places it beyond and outside of the con-
troll of the regularly constituted legal de-
partmenc, with the inevitable future re-
suit. confusion, conflict and general dis.
satisfaction, if not lnvariaple loss. There
is no mora reason why the departments
of the state governmnt should be permit
ted to engage legal asisstanc, whenever
the whim seizes them, than there is tina,
the departments of municipality should
be allowed to do the same.
The attorney general of the state is en-
powered with full authority to advocate
ana defend its interests in the courts,
and his Office should fight the legal bat
ties. Doubtless at times the litigation
In which the state is interested will grow
beyond the capacity OF the attorney gem
ofal and his regular force, and he should
*bereupon he endowed with liberal lati-
<tude in the engagement of whatever as.
distance may be necessary to properly
protect the people in legal controversy.
|fWith exclusive control of the legal BUSH
mess of the stlts, and absolute freedom
IN the enlistment of special aid he can
eee held to a strict accountability for the
4ost and the character of the work that
- performed.
4 When the legislature adopted ths
amend ment noted, it evidently viewed
sfhe subjct IN the light we have suggested.
4 1t was probably assisted in the ooncIu-
Zion reached by Governor Budi's discov-
Ery OF that genial and eloquent Repub.
Scan spelI-binder, George knight of
IAN Francisco, filling to overlooking the
Eflce of special counsel to the state boar:
III shealth. The most arduous, in fact,
brsctically the sole work, OF this office
consisted in gracious acceptance OF
HE comfortable salary of 5000 psr an
hum. put up by the patient and hard
tvurking people OF California.
4 Now that Attorney General Fitzgerald
uas.4tn accordance with the amended po-
&tical code, pronounced the appointment
Sp.eial counsel by the railroad CON-