The age-herald., 1899-12-18
ANOTHER LETTER
 FROM MIR. SIMPLE LE Writes Fully Concerning the Un-
 iVerSity Land Deal. GOVERNORS CONNECTION Communication Which Was Addressed to Treasurer Fitts of the Univer-
 sity-Goes Into Details of
 the Transaction.
GOVERNORS CONNECTION


 In this letter MT. semple seeks to give the story of the purchase of the Sheffield and Florence properties, as well as the univer- sity lands and the properties of the Ameri- can Coal and Coke company by the Sloss- | Sheffield company. He tells of his connec- ton with the affair." he being the attorney | of J. w. Worthington, and of his subse- | quent suit against Warrington, Fucker, | Johnston ct al. to recover the fee and com | mission for his legal services. Portions of his letter are herewith published Metropolitan Hotel, Washington, D. C., Dec. b, 1899. MT. J. H. Fitts, Treasurer University of Alabama, Tuscaloosa, Ala: On the 22d of November last I wrote | letter to the Montgomery Advertiser rela- | tive to the university lands recently at tempted to be disposed of to the Sloss-Shef- field Iron and Coal company. In that com munication I stated:
 That Johnston and Rucker and others were associates in interest in the entire deal"
 I appreciate your interest in this matter, and at your request I feel it my duty to give the facts as they are in my knowl- edge, even though neither Johnston nor Fucker has as yet denied my statement. There has, however, been some ridiculous comment, thought to have been promoted by Johnston, in the Evening Journal that I was unworthy of credit on account of having violated the rules of ethics in the legal profession by informing the people of my connection with Worthington, Johnston and Fucker and their associates. As it will from the suhspOupDt in this letter that I was compelled to sue John ston, Fucker and Worthington and their respective associates for the reasonable value of my services on a written contract, it is evident that if any disclosure or pub licity is given to my employment, John ston, Rucker and Warrington are the per sons responsible for the publicity. Can it reasonably be contended that, when a law yer is employed by client to perform ser vices, and the client puts him to the neces- sfty of a lawsuit to collect his fees, 1t is a violation of the ethics of the bar to make the facts public? Now have collected my fee by actual litigation, and I was forced into litigation by Johnston, Fucker and Worthington by their failure to meet their obligation.
 These statements are sufficient of them selves, without further comment, to show the bar of Alabama that the most punctili- ous cannot say that the ethics of the pro- fession have been violated by me.
 What led to my employment by Worth ington was the fact that I had talked to him and also to Edmund W. Fucker, about having introduced a combination of the U. S.. Bibbin and Shuttle company to Charles R. Flint, No. 30 Broad street, N. r., and had showed them the prospectus after it was completely underwritten; and also the fact that I had been concerned fin prospective litigation for the Ensley estate in New York, and thereby became ac- quainted with the Ensley properties and the titles to the same.
 Contract With Worthington
 The following is a copy of my contrac. with J. W. Worthington, whom I contend, as subsequent facts will show, was the agent of Johnston, Rucker and others, and was also acting partially in his own be- half:
 "New York, June 8, 1899.
 "Confdential
 "In consideration of the services which you are rendering and to be rendered to me as confidential counsel in the matter
 
 Sherfield coal properties with other similar properties in Alabama, now pending before Charles R. Flint, No. 30 Broad street, New York, as financial agent, agree that you shall receive. and I will pay to you, $s,OOo cash, upon the conclusion of the underwrit- ing of said consolidation by such financial agent.
 And I further agree and promise that you and your associates will receive 10 per cent. of any or all net profits that may ac- crue to me from purchase and sales and combinations of real estate and other prop erty in the town Sheffield Ala This 10 per cent. to be paid to you from time to time as such profits accrue to me in the course of the transactions upon such prop erty in Sheffield.
 (Signed) "J. w. WORTHINGTON."
 About the latter part of last May or the first or second of June, prior to the execu- ton of the above contract. received a re- tainer from J. W. Worthing'ton, and at his request I went with him to Charles R. Flint's office, Mo- 30 Broad street, New York, the proposed financial agent, and there I saw Fucker and Johnston in MT FHnt's office. and was told then and there by J. W. Worthington, who was the asso- cate of Johnston and Rucker, that John- ston and Fucker were in that office for the purpose of presenting the plan and scheme of the combination above referred to in my contract. Prior to the execution of the aDove contract I had many conferences with J. W. Worthington at the Marlbor- ough hotel, Thirty-sixth street and Broad way. New York. In these conferences J. w. Worthington showed me a short pros- peetus, and spoke at length of the impor- tance of the consolidation. He said that he had discovered the Pratt seam of coal in the lands known as the Enoch Ensley estate lands and in many other lands. That this seam of coal was thicker and really better than the seam worked at Pratt mines by the Tennessee Coal and Iron company. was requested particularly by J. w. Worthington not to speak to either John- ston or Fucker on any subject pertaining to my employment. or relative to the Sloss-