Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1902-05-15
SAYS JUDGE ANDERSON
DREW EXTRA FEES
GRIFFIN. GA, May Il, 1902

GRIFFIN, GA, May u, 1902.
To the Editor of The Journal:
1 notice in your issue of the 7th instant,
a card from Mr. j. H. Johnson, of this
fees that Mr.. ]. NJ. Terrell received from
the state while attorney general for extra
services.
Mr.. Johnson says in connection with
these charges that If Mr.. Guerry had been
governor at the time, these fees would
have never been allowed. claiming that
they were received and allowed in viola
ton of the law.
Whether Mr.. Query or any other indi-
vidual would endorse such warrants in the
event Of his being governor. is specula-
tive, and does not concern the merits of
the discussion. The people are only in
terested in knowing what the practice has
been. and whether the custom is based
upon proper legal authority.
AS a matter of fact, the question of law
in such cases, was referred to Judge Lo-
gan E. Bleckley long before Mr.. TerrelPs
term as attorney general and in an opin-
ion signed by Logan E. Bleckley, and con-
CURED in by James Jackson, who at that
time was chief Justice Of the supreme
court Of Georgia. these warrants of which
Mr.. Johnson writes were allowea to Col.
Clifford Anderson. who held the office of
attorney general for the term Immediately
preceding that Of Mr.. Terrell. and which
of course was since the adoption Of the
Constitution Of 1871.
We take the liberty Of quoting for the
information Of Mr.. Johnson and those who
may be interested I'd inquire in regard to
this matter, the opinion above referred to.
It is as follows:
Being consulted by the Hon. Clifford
Anderson, attorney general of Georgia.
on the question of his right to charge
fees as counsel for services rendered. in
the Supreme Court of the United States
in behalf of the State OF Georgia in the
argument of cases in that court TO which
the state is a party, I have investigated
the subject, and M opinion is as follows:
'First-The general rule Is that no civil
officer is charged with any duty which is
to be performed beyond the limits of the
state. Indeed, the power to act officially
is limited ordinarily to the territory over
which the laws of the state operate.
Granting that official services at a place
beyond the jurisdiction of the state could
be required, the requirement would have
to be made in express terms by the Con-
stitution, or by some statute.
'Second-No such express requirements
has been made of the attorney general of
Georgia The phrase any court in the
constitutional provision touching that Of
ficer, means any court OF this state. The
same phrase is found In numerous sections
"
1885, 1894, 1878, SS2S and 3SE, and wherever
used it is an abbreviated form OF express
sion for any court OF this state. This de-
stricted construction corresponds in spirit
with what the supreme court ruled on
such expressions as any creditor Ga.
172-73 all cases. Is Ga. SIS. and a ply
sician.' Il Ga. $50. This last decision. es-
pecially, together with what IS said by
the court in the body of the opinion,
consider very much in point
'Third-For the foregoing reasons.
think the attorney general of Georgia is
not bound to attend the Supreme Court Of
the United States officially, and that If the
governor employs him TO do so. the en-
ployment is governed by the contract, just
as II would be If an attorney at law not
holding any office were employed by the
executive to represent the state as coun-
sci In the Supreme Court Of the United
States"
'Csigned) L. E. BLECKLEY.
ATLANTA, February "a. 1882"
ST concur fully in the above opinion.
February Is. 1852.
Reference to the record viii show to
Mr.. johnson that the following warrants
have been issued for special services of
the nature complained Of by him to Col.
Clifford Anderson, and 1t will hardly be
assumed that this faithful and honored
official OF the distinguished governors Col
quit, Stephens. Mcdaniel, Gordon and
Northen. who endorsed the warrants.
robbed the state. ] quote from the record:
Fees and expenses paid attorney gen.
erals for services rendered in the United
States Supreme court. or outside Of state.
since 1882.
Clifford Anderson. $4,000 March 10.
1882. Retainer in three cases in United
States Supreme court.
Clifford Anderson, $4,000. January u,
1888. States VS.. A. & G. r. r.
Clifford Anderson. $1,000. December
10. 1884. Part fee Cunningham VS.. NJ. & D.
r. r.
"Clifford Anderson, 100000. December
is, 1856. Part fee Cunningham VS.. NJ. g. B.
r. r.
"Clifford Anderson. $4,000 December p.
1888. State VS.. A. & G.. r. r.
Clifford Anderson. $125.00. April 8, 1887.
Travelling expenses to New York and New
Orleans.
Clifford Anderson. $4,000. March 10,
1883. Part fee Cunningham case.
''Cnfford Anderson. $4,000. October 2.
1883. Balance fee Cunningham case.
Clifford Anderson. $4,000. October 2,
ISIS Part fee Ga r. R. vs. Railroad
"CHfford Anderson. 100000. January 8.
1890. Part fee Ga. r. r. VS.. Railroad
Commission.
Clifford Anderson, $4,000. February 2.
1891. Part fee Ga r. R. VS.. Railroad
Commission.
clifford Anderson. $s5OOO. February 2,
1891. Singer Mfg. Co. VS.. Wright
- NJ. Terrell, $4,000. March p. 1893.
Fee and expenses Lascelles alias Beres-
ford.
-. NJ. Terrell, S425.OO. February l, 1894.
Fee and expenses Railroad Tax case"
This statement brings the record up TO
1894, and while there have been some small
sums allowed for similar services since
that date, to the attorney general, bring
ing the aggregate up to s1.727, as charged
by Mr.. Johnson, the principle involved Is
in no wise affected by that result.
Thus ii will be seen that Attorney Cen
eral Anderson received far in excess of
Mr. Terrell in fees on special cases, and
these we're Endorsed by the distinguished
gentlemen who rendered and cOncurred in
the opinion above stated, and the govern
ors above named, as being in all respects
regular and authorized by law. Following
this precedent, the propriety Of which can
not be questioned, Governors Atkinson
and Gambler have given their indorse-
ments to these small warrants paid TO Mr..
Terrell for similar services during his
term as attorney general
Is it true that such men as Governors
Colquitt Stephens. Mcdaniel. Gordon,
Northen. Atkinson and Gambler, and
Comptroller VIM. A. Wright. and Treas
urer Bob Hardeman, have winked at a
he Nrl1