The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-05-26
LaMAR WRITES or
SPECIAL COUNSEL
TELLS Why ASSISTANCE WAS
NECESSARY TO PROTECT TO
STATE INTERESTS.

Much discussion has been caused IN
THE preesnt legislature on account o.
the employment Of additional attorneys
By various state boards the contention
being that the attorney general Mn
SELF should attend 10 all OF the DUST
1 ness of this character, says the JACK
so1yille Metropolis.
Regarding the matter ex-AttoTney
I General and now Congressman W. u
Lamar has addressed letter 10 the
house Of Representatives, IN WHICH,
among other things. he says:
1T viii be seen that the $4,000
, special counsel fees il this back tax
suit was paid by Governor Jennings,
only because the litigation ended dur
ing his term of Office. bu; that the con-
tract was made to pay the same by
Governor Bloxbam and the comptroller
in 1881 under legislative erection
I, viii be noted also that 81 900 was ap-
! propriated at the same tiple for the
expenses Of the litigation.
Nov. as the $500 paid to special
corsel by Governor Jennings's admin
. is .ratiou in connection with the hiring
of state conVicts, Governor Jennings
and his cabinet q being one Of themg
hired the state conEicts for nearly
Sle0000 per annCm-
Governors Bloxham. MitcAell and
Fleming hired the stale conyicts Jun
der legislative direction) for only ST.
coo per anuum. Here is a vast differ
elce between these annual revenues
for the hire Of the state conyicts- 4
Governor JenniDgs's lease OF the
state conyicts was contested by
Messrs. Camp & West. They had as
their lawyers Messrs. Bisbee & Bedell,
Messrs. Cooper & Cooper. of Jackson
vile, and Hon. Otis Green, of Ocala.
. Governor Jennings employed Messrs.
R W. Williams ID. U. Fletcher and T.
L. Clarke, and won the suits. His
lease of the state conyicts was upheld.
He might have paid $4,000 as special
counsel fees In these suits, and still
left to the people of Florida hundreds
of thousands of dollars ahead Of the
leases by former state administrations
was a member of each Of the four
past administrations
Railroad Commission.
Now as to the special counsel fees
paid BY the Railroad Commissioners
The legislature of 1891 abolished the
then railroad commission. Up 70 that
time l had brought by the direction
OF the commission, quite a number of
suits against the railroads in Florida,
anu. think, won all of them.
But when the Railroad Commission
was re-established in 1897 there soon
began an assault on the commissions
acts all along the railroad line. The
most important litigation arose in
volving the reduction of railroad mile
age to 8 cents Such litigation would
involve the most important questions
in railroad law The cost of construc-
ton, fixed charges, interest on bonds,
dividends and stocks. the whole ques-i
ton Of reasonable and Just rates.
Representing the railroads were
such eminent railroad lawyers as Hon.
w. A. Blount Col. John A.. Henderson
and Hon. J. E. Hartridge. With Mr..
Blount, ! think, was associated Hon.
Edward Baxter. of Nashville, Tenn,
probably the ablest corporation law
yer In the South All of these large
lines Of railway have their general
counsel in RichmonG or Portsmouth,
Va, or In Northern cities.
81 had had considerable experience
in this line Of litigation up to the time
of these latter suits, but / felt that
the interests of the people of Florida.
confroned by this able array of rail-
road lawyers, trained especially in cor
poration law, demanded, that In addi-
ton 10 myself. that other counsel
shoulG be brought into my assistance
and cooperation.
Il felt that the interests of the peo-
pie of Florida had as much right to-
the highest and most efficient service
in these legal contests as the corpora
items themselves. Hundreds Of thou
sands OF dollars were al stake for the
travelling public in this state. These
law suits. conducted by myself and
able special counsel. and the election
OF railroad commission pledged TO
reduce railroad fares. have brought
about a Scent passenger fare rate on
ali the large lines of railway in Flor
ida but one
so far as am concerned, all these
matters of special counsel fees were
brought out and exploited against me
in the congressional campaign, in 1902,
and the people of the Third congress
sional district passed upon them I'M
tIeCIiHg me 10 congress.
Counsel For I. !. Fund.
Now. as to the special counsel fees
IT. suits by and against the trustees
0f the Internal Improvement FunG. /
No criticism can be made upon the
attorney general for not conducting or
defending such litigation. The consti- !
tuition. since 1855, prohibits the attor-
ney general from receiving any COM
pensation, other than his Official sal
airy. for any service rendered any de-
partment OF the state government |
The position of the attorney general |
is the same as that of other trustees
Of the Internal Improvement Fund. Il
is best that he shoald not conduct or
defend such litigation Having taken |
a position as 70 any trust matter be-
fore him, other counsel could see his
action and that Of his co-trBstees in a
more disinterested light than hel
could. At any rate the attorney gen.
eral is not called upon by law to con-
duct or defend suits instituted By orl
against the trustees OF the trust fund |
But II light Is desired on these I