Birmingham age-herald., 1895-02-13


 commissioners, are samples of the com- plaints advanced against them. These cries revive and die out shortly before and after the period when the commissioners are to be appointed.
 Each of the commissioners appointed by me were recommended by hundreds of the best, purest and most distinguished men in Alabama; and their appointments were urged by men in all walks of life. With the exception of General Holtzcaw, all of them were repeatedly reappointed after having served in the duties of the office. Were the men who recommended these ap- pointments faithless to the people and voicing the sentiments of railroads7 Were the successive senates which, with remark able unanimity during a period of ten years, repeatedly confirmed these appoint ments instruments in the hands of rail- . roads to put puppets tn office? Were each Of the three governors who appointed these gentlemen unmindful of their oaths of of- ice and the public welfare, allowing rail- roads to use the appointing power for their own benefit at the expense of the public welfare?
 No prominent railroad official even so much as wrote a letter of recommendation or urged in person the appointment of either of the commissioners. The railroad company whose legal adviser l had been before induction into office made no rec ommendatiou directly or indirectly. x have now in my possession letter from q former vice president of that company to an applicant, who gave it to me long after the appointment was made, in which that officer stated that he could not attempt to influence the appointment, and that my views on the subject were so well known that his recommendation would probi ply result in more harm than good to the dp- plicant. My former law partner, who suc- ceeded me as district attorney for ths Lou isville and Nashville Railroad company, as is known to hundreds of men in Alabama, invariably declined to make any recomf- mendation to me for any office whatsoever. If railroad companies influenced these ap- pointmeuts, and they might well have been heard as all interests should be, 1t is surely susceptible of proof. Who were the railroad officials who interested themselves in this matter? Who were the railroad men at whose behest you charge the com- missioners were appointed?
 What justification can you find in your own conscience, or before your fellow man, for the false and malicious statements that corporations controlled the appointment of the judge of the city court of Anniston? It was well known to you that three names were presented to me for appointment. found great division of sentiment among the people and bar, and after having heard represen tatives in support of each can didate, insisted that they should all come before me at one time and make known their views. At this interview it was agreed among all the aspirants that the matter should be left to the voice of the majority of the bar, to be afterwards ascer- tained. Afterwards all of the candidates except one withdrew, and a very large majority of the bar recommended Judge James w. Lapsley, who was not can- didate, as the man whose appointment would give the most general satisfaction, and they recommended him accordingly. Judge Lapsley had been circuit judge of high reputation, and is generally respected for his honesty and ability. ap- pointed him. There is no purer judge in Alabama. Were the majority of the bar of Anniston who recommended Judge Lapsley in ''the hands of railroad corpora tions?' Were the numerous citizens who recommended him tools of corporations, or acting in their interest," The only railroad officer of any prominence who interested himself in the matter was opposed to the appointment of Judge Lapsley. Your charges proceed from the mind of man who evidently reasons that if he had been the attorney of a railroad company, ,and ex- pected after his term of office expired to practice law again, that he would cor ruptly exercise his powers in order to gain favor and business from former clients. Fortunately this is not the standard of in- tegrity which honest men apply to each other in judging their acts and conduct.
 In the heat of campaigns men who did not believe a word of it have argued, as you do, that one who has capacity and iu-
  wiser by persons having large business in- terests should on that account be barred from all public trusts. The people of this county, where have lived since I was child, in the full light of all my acts, have twice and almost unanimously denounced such an idea by sending me to represent them in the legislature. Twice the people of this state, when my whole life, from the cradle to the grave, both in public and in private, was subjected to the search light ,f oIln mad ion yours and entrusted me with the highest honor in their gift.
 There have been many conspicuous acts in my life which belle your charge that the favors or frowns of clients, past or pros- pective, ever influenced any official act of mine. You surely have not forgotten the attempt of Captain Bragg to secure almost despotio power ovor railroads and their business. These bills l thought unwise, and some of them unconstitutional, and 1 opposed them. I was at that time a repre- sentative from this county and also the le- gal advisor for the Louisville and Nashville Railroad company in this state. l thought, under the circumstances, Captain Bragg should have an opportunity to have the senate pass on his name for reelection. His course, however, had made the rail- roads, and among them a railroad client of mine, very hostile to his re- election. was & warm personal and political friend of Gov ernor O'Neal who declined to send in Capt. DTaB8 uaLu6 lO bn6 s6uate. NOCWlLQStan0- ing this, voted and spoke for the joint ballot bill, which, if it had passed the sen ate, would have resulted in Captain Bragg's reappointment. I did this we'll knowing that there were some connected with the corporation of which was the lawyer who thought my act cause for terminating my relations to it. The officer in charge of it's affairs at that time and since was Milton H. Smith, Esq. That large hearted, big brained aud honest man never so much as mentioned the subject to me. Never while I was in the office of governor, or in the legislature, did he or any other officer of any railroad corporation attempt to in- fluence my official action. In fact they re- trained from conferring with me on pub lie questions when they might well have done so, lest it might bs thought by me or by the people that former relations were relied on to influence my conduct. In the canvass for the nomination of 1890 the Louisville and Nashville Railroad company was strictly neutral, though Mir. stahl- man, then chiefly co oncerned with it's policy in such matters, rather inclined to Captain Kolb. When became candidate it was against the wishes of the chief officers of the company, because they did not wish to foco ,,,y oarutoac and haoonua ,,,u ral.,,i1..