The Montgomery advertiser., 1903-06-06
FEE IN THE KIDD CASE
MIR. MACDONALD MAKES STATE.
 MENT ABOUT IT.
He Has Paid Portion of Money Col lected, But the State Claims Whole Amount-To Be
 Argued Friday.

the statements contained in the article relating to the suit published in yester- days Advertiser
 MT. Macdonald states that he was not employed as attorney in the case by Back Tax Commissioner Wood but was employed by Governor Johnston.
 MT. Macdonald says that a second error in the article was the statement that he had withheld from the State S7,760 and odd dollars.
 As to the question whether former Back Tax Commissioner Wood or Cover nor Johnston contracted with Mir Mac donald to represent the case in the back tax litigation Attorney General Massey Wilson, who Is one of the representatives Of the State in the pending litigation. pointed to that paragraph of the Back Tax law which reads as followes: That said State Commissioner by and with the consent and approval of the Cover nor or Attorney General employ counsel In any case where 1t is deemed neces- sary" Attorney General Wilson was dis inclined to discuss the case, but he said:
 Judge Wood has said that he employ ed MT. Macdonald, agreeing to pay him however. is a matter of evidence which will develop when Judge Wood gives testimony in the hearing of the motion for summary judgment"
 MT. Macdonald takes issue with the statement that the pending suit relates to $7,76O or the whole amount collected from the Tulane estate.
 The language of the motion for a sum- mary judgment filed by Attorney Gen eral Massey Wilson and Solicitor Hugh Dent is as follows
 Comes the pjlaintiff. the State of Ala bama, by its attorneys. the Solicitor of Montgomery and the Attorney General of the State of Alabama. and moves the court for Judgment against the defend ant for the sum, to wit, $7,760 together with interest, damage and costs.'
 Attorney General Wilson said yester- day that the language was a matter of pleading and practice. MT. Wilson said that MT. Macdonald had paid over $3510 as the States share of the judgment from the Tulane estate, reserving ,250 for his and the fee of his assistant.
 "The State contends said the Attorney General yesterday. that no settlement has been made. only a settlement pro tanto or a settlement as far as it went. MT. Macdonald was given credit for what he paid as a partial settlement"
 It is said that Governor Jelks refused to agree to any settlement or discuss any settlement until MT. Macdonald had paid over the States share of the Tulane judg-
  sions.
 As to the amount of an attorneys fee allowed by law the Attorney General yesterday quoted the law which declares that counsel shall not be paid by the State or county, but by the commissioner out of his per centum. The law also states that the State or county shall not be liable for any counsel fees.
 Section + of the Back Tax Law. which IT NxI. t. follows:
 Be 1t further enacted, That said State Commissioner. by and with the consent and approval of the Governor or Attor- ney General, may employ counsel In any case where 1t Is deemed necessary or expedient, in order to collect taxes, licenses. penalties, money. revenue or property accruing to or belonging to the State or any county thereof but said counsel shall not be paid by the State or counties, but by the Comnis Jner, out of the per centum fees and penalties on the amount recoverd, which shall accrue in such cases to him and shall be paid to him by the officer collecting the game, out of the amount received in such cases; md said commissioner, by and with the ap- proval of the board of compromise, may compromise adjust or settle any claim which he or any of his deputies, counsel, or any county commissioner may have commenced or have charge of. In the event any of said cases shall be appealed to the Supreme Court it shall be the duty of the Attorney General to represent the State and county with the assistance of said commissioner, or his counsel in said count"
 MT. Macdonalds communication in re- gard to the pending litigation Is as fol- lows:
 Editor The Advertiser:
 ''In your notice of suit of the State against me for moneys collected as the States attorney in the Tulane tax cases you have been misinformed as to several facts. In justice to me I ask you to cor rect these msstatenents. The correc- tions are as follows:
 "First-I was not employed by the Tax Commissioner to represent he State. was employed by Governor Johnston. My fee was not fixed, but I was to receive, as tion for my services.
 ''Second-I have not withheld from the State $7760 odd dollars. Immediately after the sheriff of Fillmore County paid me the money on the judgment, notified the Governor of the facts and asked that my fee be fixed, which he declined to do. I than paid over to the State all the money 1 had collected less the fee l demanded and the amount paid to the ex-State Tax Commissioner by me as his fee. The amount I claimed Is just $750 short of what the counsel for the Tulane estate, who opposed me and who fully knows the extent and value of my servic IS in the two cases, advised me was a proper fee.
 II will only add the decisions of these two cases in the Supreme Court of the United States are worth millions of dollars to this State and to every other State in the Union, every lawyer knows, and the States fiscal officers know. A con tray decision would have practically | ruined the State.
 Why your informant failed to state the | fact that 1 had paid the State all that I | owed 1t, less my fee and the fees of the | Tax Commissioner, l do not understand. | paid this money through the Farley 1 National Bank of this city and furnished | .he State authorities with a full statement | 1t the time of payment.
 When l met your reporter yesterday | evening, l had no idea that you would publish anything of the facts alleged in his case. Hence I did not then give you the info nation herein contained
 As to the results of the case l have lot he slightest doubt There are prSoa- ply thousand lawyers in this State, and every one of these. who has any reputa- ion or respect for his profession, will | swear that the feel charged was too small when they are advised of the facts III. and my associates, whose fees are in- ,lud-d in mine. tried two cases of this importance once before the Court of