The Weekly Tallahasseean., 1901-08-01
CONVICT QUESTION
Motion to QuaSh Proceedings
is Sustained
4 VICTORY FOR The BOARD
c,o.e of a Sharply Contested Legal
Rattle Before Judge Malone.

1,doo Malone, on last Thursday,
- the arguments of the opposing
aorInSoI in the famous convict case, and
ir,rnndiately thereafter ruled to sus-
lin the order to quash the alternative
I,1rit of mandamus, and dismissed the
case. The case was most aDly argueo
on both sides. Mr.. D. M. F1etcner' Oh
the Jacksonville bar, opened the ar
e11nent for the State, followed Dy Hon.
II Risbee for the petitioners, VINO was
followpd nv Hon. T. L. Clark, OF Montl-
colo ON the part of the State. He IN
turn was followed by Hon. G. M. Coop
~, of Jacksonville, for the petitioners,
ond Col. r. w. Williams, of the local
har closed for the State with most
exhaustive and able argument 1asClns
several hours.
The following clippings from the
Pensacola Journal giving history Oh
the case will lbe of interest, as will also
the letter appearing in the last Sun
day Times Union, signed by Hon. H.
Risbee and C. NJ. Cooper, the attorneys
for Messrs. Camp and west, giving
their view of the case:
Again the Board of State Institutions
has won decided victory for the state.
After an argument lasting day and
q half. Judge Malone, Of this circuit,
has rendered an opinion which puts
the finishing touch to the now famous
convict mandamus proceedings Dy
which Messrs. Camp & West have
been trying to compel the board to
lease them 300 convicts at $lOO per
capita per annum, and whom the board
has leased and will receive S151.5O per
capita per annum.
Judge Malone ruled to sustain the
order to quash the mandamus brought
by Camp & West against the commls-
-sioner of Agriculture, Mr.. McLin:
This case, it will be remembered, has
been pushed strenuOusly by Camp &
West, who employed the ablest coun-
sci to prosecute their contention. ano
who left nothing undOne through all
the intricacies of the law to win their
case.
The case was first taken to the Su-
nreme Court, which decided that it was
not within its province to decide the
question until it had been brought ul
from the lower courts. Upon THIS, II
was submitted to Judge Malone, VINO
has given the subject the closest study
as his finding fully attests.
Argument in the case was opened
by Hon. Duncan y. Fletcher, one OF the
brightest of the bright galaxy of Jack
sOnyille lawyers, who spoke for the
State. Hon. Otis T. Green OF Ocala
though chief counsel for Camp & West
did nOL speak. Col. HOratiO Bisbee
also of Jacksonville, submitted IN his
brief all the salient points in the claim
of his clients, and was followed by
Hon. Thomas l.. Clark, of JEFFERSON
county, for the State; and he in turn
was followed by eX-COngressmaI
Cooper for the relators. The closing ar
gument was made by Col. r. w. VIII
liams of this city, who held forth IN
masterly effort of four hours.
Col. Williams argument was con,
ceded by all concerned to be the ablest
exposition of the entire subject ye1
made, he having so thoroughly master
ed the subject that he had every de-
taii of the transaction and all the IA"
points bearing on the subject at MS
fingers ends.
At the close of his speech Judge Ma
lone stated that as he had given the
subject much thought he would not de-
lay the matter. He cited the pOlntS
bearing on the subject and decided tC
sustain Mr.. McLin's motion and dis
miss the proceedings which decision
suStains the actions of the Board O
STATE Institutions.
This is the elimination of the etforI
to prevent the Board of State lnstltu
tiOns from abiding by a convict lease
by which the State, or rather eacI
county in the State, will receive tnE
greatest amount for their cOnVlcti
ever made. In addition to the fac'
that the State will receive S6,OOO,OO'
instead of S84 1000, under the lease MADE
by the State Board, and which Cam
& West are trying so hard to breaK
convicts will be taken from the phos
phate mines-a fact over which mucf
noise has been made during the session
of the Legislature. All Of which re,
fleets much credit on Mr.. McLin ant
the Board of State Institutions, who
have spared no pains to see that tht
interests of the State are properly pro
tected.
The letter referred to above is as fol
lows:
Editor Times-Union and Citizen:
The report of your correspondent Al
Tallahassee does not give correct I'M
preston of the decision Of Judge Ma
lone in the convict mandamus case. INT
conclusion of such report says. Tn'
decision of Judge Malone susta1ns tn'
BoarO of State Institutions.
WHAT Judge Malone actually decided
upon was that upon Ine showing mad'
to the court the contract for conylct
between Camp & West and the Com
missioner of Agriculture, was COZ.
summated contract, which had peel
approved by the board, and Is binding
On all parties to it, and that Camp 4
West had done everything on tnel
part to entitle them to have it perform
ed; but that one clausein the; contrac