The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1905-07-28
WAS Craft

spring LeTnt l0Vo1 OF the LeOn Circuit
court, in May Of that year. May 18th
an entry was made on the minutes of
the court that this day came b. s.
Liddon the assistant State attorney"
ETC., which entry appears in each Of
the five cases against Taylor. Through
out the entire proceedings, in all the
cases against Taylor land Judge Lid
don appeared in no other, he is desig-
mated on the record as assistant State
attorney"
In the judgment Of the court, pro-
nocnced and recorded December 10,
1903, Taylor was sentenced to five
years hard labor, and to pay the costs
Of the prosecution, Including a fec of
$40 for the State attorney"
In Governor Broward's response to
Senate Resolution No. 40, concerning
special counsel fees paid out during the
Jennings administration, appears the
following statement: THAT as direct
ed by law, upon the disqualification Of
the State attorney for the second
judicial circuit in the case Of the State
Of Florida versus Walter l.. Taylor, the
Hon b. S. Liddon Esq. was appointed
by Judge John W. Malone as acting
State attorney in that case, and paid
fee of $500 "
The law relating to the appointment
Of assistant State attorneys is as fol-
lows:
Revised Statutes, Section 1856. AS
sistant State attorney. The State at
torney, by and with the consent Of the
court, may procure the assistance of
any member Of the bar when the
amount Of the State business renders it |
necessary, either in the grand jury
room to advise them upon legal points |
and framing indictments, or in court to |
prosecute criminals. But such assis- |
tant shall not be authorized to sign any
indictments or administer any oaths, or |
TO perform any other duty except the |
giving Of legal advice, drawing up in
dictments, and the prosecution Of Grim
inals in open court. His compensation |
shall be paid by the State attorney and .
not by the State.
II Judge Liddon was, as designated |
in the records of the court, assistant
State attorney" his appointment as
such should have been made by the
State attorney with the consent Of the !
court" 1t was not 30 made. On the |
contrary, the State attorney expressly
protested against Liddon's intrusion |
into the case And II Liddon was as
sistant State attorney, duly authorized
his compensation was due from the |
State attorney and should have been
paid by him. land not by the State"
Governor Broward, in his response to
the Senate resolution, says that Judge
Liddon was paid $500 upon the dis
qualification Of the State attorney"
The facts are that the State attorney
was not Disqualified was present in the
court attending to his official duties in
all other cases, and was fully compe-
tent TO perform them with reference to
the Taylor case, and declared himself
ready and willing to do so.
Governor Broward says that Liddon
had been appointed "acting State at
torney" Let US see. The law gov
erning the appointment of acting State
attorneys il as follows;
Revised Statutes, Section 1854, as
amended by Chapter 1899 MAY 8, 1901.
Acting State attorney. Whenever
there shall be vacancy in the office Of
State attorney in any of the judicial
circuits Of this State, either by non
or otherwise, or II "A State
shall not be present at any
regular or special term Of the court, or
being present, shall from any cause be
unable TO perform the duties Of his
office, the judge of the said circuit
court shall have full power to appoint
attorney from among the
Of the bar, with the consent
of the member 80 appointed, to whom
shall be- administered an oath to faith
fully discharge the duties Of State at
torncy. and who shall have AZ full and
complete authority, and whose acts
shall he in all respects az valid as a
regularly appointed State attorney. He
shall sign all indictments and other
documents as "acting State attorney"
The power of said appointee shall cease
upon the arrival Of the State attorney
or the cessation Of his inability. The
said acting State attorney shall receive
FOR his services the sum Of ten dollars
per day, which shall be paid out of the
for the payment OF State
and deducted from the salary
Of the State attorney for whom he
acted,
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