The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1898-08-05

principle, with the additional question
of concealing from the Legislature the
true relation of the agent to the meas
ure The court, in passing upon the
same, use. the following language:
"All persons whose interests may in
any way be affected by any public or
private act of the Legislature, have an
undoubted right to urge their claims
and arguments, either in person or by
counsel protesting to act for them, be-
fore legislative committees, as we'll as
in the courts of justice. But where per-
sons act as counsel or agents, or in any
representative capacity, it is due to
those before whom they plead or solicit
that they should honestly appear in
their true characters, so that their argu
ments and representations, openly,
and candidly made, may receive their
just weight and consideration.
A hired advocate or agent assuming to
act in different character, is practic-
ing Geceit on the Legislature. Advice
or information flowing from the un-
biased Judgment of disinterested per-
sons, will naturally be received with
more confidence and less scrupulously
examined than where the recommends
tons are known to be the result of
pecuniary interest or the arguments
prompted and pressed by the hope of
large and contingent reward, and the
agent, stimulated to active partisan
ship by the strong lure of high profit.
Any attempts to deceive persons en-
trusted with the high functions oflegis-
lation, by secret combinations, or to
create or bring into operation undue in
tluence of any kind, have all the inju-
rious effects of a direct fraud on the
public. Secrecy as to the char
acter under which the agent or solicitor
acts tends to deception and is immoral
and fraudulent"
Applying the principle of these two.
decisions to the facts in this matter, the
! following legal deduction is irresist
able:
|. That the contract authorized by
the Book Committee was against pub
| lie policy, illegal and void.
| , That the concealment of the fact
| that the agent was to he paid a commits
sion on the amount obtained was i'm
moral and fraudulent.
3. That the Senators had the legal
right to ask the questions they did
touching the commissions to be paid
| the agent.
Far be it from me to impugn the mo-
! tives of the Book Committee. / do not
/ for one moment believe they intended
any wrong or were conscious of the fact
that they were making an illegal and
unlawful contract. The fact, however,
is that such contract was made. Now.
can the church afford TO receive and
keep the money procured by an unlaw-
| full contract? There can be but one an
| swer to that question: No!
Let us now take up the actions of the
agents of the church under this con-
tract. But before doing so, it is impor-
tant to determine who were the agents
| in this matter. 1t is admitted that Bar
bee IL Smith were. In the contract
made with Mr. Stahlman they describe
| themselves as Book Agents Of the
Methodist Episcopal Church South."-
Report of Senate Committee, page %.
! 1t is admitted that they, as general
| agents, had tie right to execute the
C jntract that was made with Mr.. Stahl-
man. That part of the contract employ
ing Mr.. Stahlman is as follows
Witness, first that we, Barbee IL
| Smith, book agents of the Methodist
Episcopal Church, South do hereby
! give power of attorney to the said +. Il.
| Stahlman to prosecute our claim be-
| fore the Congress of the United States"
etc.
That provision constituted Mr. Stahl-
man a sub-agent and representative,
not of Barbee IL Smith, but of the
! CnurCn, anu any representation ndue
by Mr.. Stahlman was made as the agent
I or attorney in fact of the church, and
| the church is as responsible for his
representations in this matter as are
| Barbee d Smith. 1t is not claimed that
| Mr.. Stahlman was acting in this mat
ter as an attorney at law In his own
testimony he says he is not an attorney
and that his business for twenty-five
years or more was that of railroad
official, and that he is now engaged in
the newspaper business.-Report Of
! Senate Committee, page 81.
We must therefore conclude that the
! church in this matter was represented
through its agents, Messrs. Barbee,
smith Il Stahlman.
Before taking up the representations
made by these agents, it is well for us