The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-03-18

HAS SOMETHING TO SAY ABOUT
JUDGE AvERY'S FEE.
Paid Him Only For Legal Services--At-
torney-General Amused at
Newspapers ignorance

Gov. RusselPs attention was yesterday
called to certain criticisms that have been
made concerning the fee paid by the State
to Judge Avery for his services as attOr-
ney in the railroad lease matter.
The Governor said he had heard of the
criticisms: that the hirelings of the
Southern Railway had been publishing
the charge that he had employed Judge
Avery and paid him out of the State
Treasury for making arguments before
the legislative committees and lobbying
with the Legislature. The charge, he
said, was wholly false.
Gov. Russell said that he was not in
the habit OF noticing newspaper false
hoods, but as this particular SANDER may
deceive men whose opinions are worth
regarding he authorized the statement
that Judge Avery had never been paid
a dollar for appearing before legislative
committees or for doing any thing con-
nected in any way with the Legislature.
He represented the views of the Gov
ernOr before committees and this he did
without any expectation of compensa-
ton. The fee paid to him was for re-
tainer in the litigation pending in the
courts in which there is to be a contention
Pierpont Morgan or to the people, whose
fathers made it sovereign State.
II is not an unusual thing for the Gov
ernor to employ additional counsel in
cases of unusual Importance 1t has often
been done by Gov. Russell's predecessors
in office. In the years 1891 and '92 when
| the State was trying to make the VIII
| mington and Weldon Railroad pax tax,
4 70 Ill IN nj
| for the State over $4,000. Mr.. X. q.
| Burton, of this city, was paid $685.; Mr..
Armistead Jones' fee was $500, and
Busbee and Busbee received like sum.
The law and precedent clearly gives
| the Governor the power and privilege of
| employing such additional counsel as he
may think reasonable and proper for the
| best interest of the State.
| Another charge equally as senseless
| and silly and even more so, if that be pos
sible, is that the Governor has been
snubbing the Attorney General. Mr.
| Walser, by not specially inviting him to
| be present at the meetings ofthe Council
of State, because he is thought to be in
| sympathy with the Southern Railway.
| The following editorial, clipped from
morning paper in this city, was last night
called 10 MT. NalSerS attenuOn:
| AT the Council meeting in which
the Governor undertook to depose the
| president and directors of the North
| Carolina Railroad, Attorney General
Walser was not notified of the meet
| ing, and when the Governor was ask
ed why, he replied that Walser was
| not a member of the Council. This is
| not true. The Attorney General is q
member OF the Council, but Governor
Russell has treated Mr.. Walser from
the start, without reason or cause.
with contempt We have no hesitancy
i'll saying that the people who elected
Mr.. Walser demand that Gov. Russell
notify him of the next meeting of the
Council. If not, there will be more to
follow"
Mr.. Walser said that anyone who had
ever read the State Constitution ought
| to know that he was not a member of the
Council of State. The Secretary of State.
Auditor, Treasurer, and Superintend> ut
of Public instruction constitute the Coun-
ell OF State. Mr.. Walser added. how
ever, that he usually attended the meet
ings whenever he cared so to. do. and
that he had always been courteouslv
treated. He said that be knew nothing
of the ill-treatment spoken Of in the above
article, and seemed to be surprised at
the gross ignorance displayed by the
author of it.