The Pensacola journal., 1905-03-19
Pensacola, Fla, Marcn Is, 1905


/ Wailes-Beard claim which occupied
to much of the time and attention of
/ the last Legislature will be again
pushed before that body, | will call
the attention of the people of the state
to the inconsistent action of the
! late administration upon a contract
similar to the Wales contract, and
made only two years later. A great
deal mas been written and said about
the collection of the $96 900 back
taxes from the S. B. A formerly
the F. c. & P) Railroad, but l
think that it is not generally known
that the state paid fifteen per cent
on this $4,000. amounting to over
$4,000, to attorneys "other than the
attorney general" for professional
services rendered in the collection of
this $4,000.
In 1881 the Legislature passed a
joint resolution (see page 217, Acts
1881 Requiring the Governor and
; the Comptroller to institute legal pro-
ceedings against all railroad compan-
les who have refused to pay taxes on
their railroad property for the collec-
tlon OF said taxes" The resolution,
also, authorized the Governor and
Comptroller to employ counsel, "other
than the attorney general" to prose
cute such suits. The compensation of
such counsel, Except necessary ex-
penSes) to be contingent upon, and
paid out of, the money which may
and shall be realized" by such suits.
hy authority of this joint resolution,
1ton. w. ID. Bloxham, then Governor,
and Hon. w. ID. Barnes, then Comp
trolIer, entered into a contract with
Gen. Z. A. Perry of this city, VINO was
atterward governor of this state, to
prosecpce such suits against certain
railroads in Florida, agreeing in said
CONTRACT to pay General Perry Is
per cent. of and out of the amounts
realized. General Perry associated
With him Hon. John w Malone. now
TJudge Of the Second Judicial Circuit
of this state.
The several railroads against which
tnese suits were brought, have at Va
rlous times paid into the state treas
ury various sums, upon all of which
sums the counsel other than the At
torney General" have been paid Is
per cent. The last payment of Tin
round numbers) 500, 900 was paid by
the 5. B. A. formerly the F. c. & P.J
;; Railroad just before the expiration OF
Governor Jennings's term. Upon this
$4,000 (in round numbers). Judge
Jonn w. Malone and the Perry estate
were paid 10 per cent, amounting to
over $14,0oO.O0.
The contract with General Perry
was made in 1881 for-15 per cent of
the amounts realized by the state,
The contract with WALES was made
IN 1879 1.-TWO years sooner) and was
Tor 10 per cent of the amount realized
by the state. The contract with Perry
was made by a Governor of the state
and a Comptroller of the state, Dy
authority of the Legislature. The con-
tract with Wales was made by a Gov
ernor of the state with the concur
renee OF his entire cabinet) by au-
/ thority of the Legislature. The Legis-
lature, in 1881, authorized the pay
ment OF the necessary expenses OF
the special counsel. BY the terms OF
the contract with Wales, he was to
defray, and did defray all expenses
lncRrred in the prosecution of the
same"
The state has realized large sums
iron both contracts. Upon the Perry
contract, the commission was paid at
once. The last payment, as above
stated, OF $4,000, was paid just be-
fore the expiration of the term of of
flce OF Governor Jennings. Governor
Jennings paid, or caused to be paid,
10 per cent, amounting to $4,000, to
! the Perry estate and Judge John w.
Malone, without reference to the Leg
lslature. 1t is with the greatest pleas
ure that | endorse this action of Gov
ernor Jennings. He seems to have
overcome, temporarily, at least. his
congenital inability or indisposition,
or both, TO appreciate and observe the
obligations of a contract.
Three years ago, the United States
government paid into the state treas
ury the vast sum of $1,0S9, 1886. This
, payment to the state was the result
of the work of S. l. WALES and Of
the late Col. w. X. Beard of Talla-
hassee, who was associated with Col.
Wales. Out of this sum, under the
contract with the state, Col Wales
and the estate of the late w. K.
Beard, are entitled to fifteen per cent.
announcing " p1OosOtoshJ. NONGTuOT
Jennings not only refused to pay a
dollar of this sum, so justly and
honestly due under the contract, but
when Col Wales and the representa-
tives Of the estate of W. K. Beard
went before the Legislature and asked
for the payment, Governor Jennings
deliberately lobbied with the members
of the Legislature, using the influence
incident to the great Office he neld,
to induce the Legislature to allow
only the sum Of $4,000. If the con-
tract was valid, they were entitled
10 all the contract called for; if in
valid, they were entitled to nothing.
He obtained from the then Attorney
General ,(now the chief justice)
puerile and absurd opinion attacking
the validity of the contract. The
opinion of the Attorney General bears
the same date as his commission as
Attorney General, viz: March 3, 1903,
which indicates that either the At
torney General gave no consideration
to this important matter, or that he
a.. 4 II