The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1906-02-23

his compensation was due from the
State attorney and should have been
paid By him ''and 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
al other cases, and was fully compe-
tent to perform them with reference to
the Taylor case, and declared himself
ready and willing to do 80.
Governor Broward Gays that Liddon
had been appointed "acting State At
tOrney." Let Us see. The law gov
erning the appointment of acting State
attorneys Is as follows:
Revised Statutes, Section 1854, as
amended by Chapter 1899 MAY 8, 1871
Acting State Attorney. - Wherever
there shall be vacancy in the Office of
State Attorney in any of the judicial
circuits Of this State, either by non-ap-
pointment or otherwise, or If a State
attorney shall not be present at any reg
ular or special term of the court, or be-
ing present, shall from any cause be
unable to perform the duties of his Of
flee, the judge of the said circuit court
shall have full power to appoint a pros
ecuting attorney from among the mem
bers of the bar, with the consent Of the
member so appointed, to whom shall be
administered an oath to faithfully dis
charge the duties Of State attorney, and
who shall have as full and complete au-
thority, and whose acts shall be in all
respects as valid as a regularly appoint
ed State attorney. He shall sign all in
dictments and other documents of "act-
ing State attorney" The power of
said appointee shall cease upon arrival
Of the State attorney or the cessation of
his inability The said acting State at
torney shall receive for his services the
sum of ten dollars per day, which shall
be paid out OF the appropriation for the
payment Of State attorneys, and de-
Quoted from the salary of the State at.
torney for whom he acted.
The issue of Judge Liddon's authority
to act as prosecuting attorney in the
Taylor cases were fully considered in the
supreme court in the appeal proceedings
and decided by a divided court, one
justice being disqualified, two concurr-
ing In the opinion and two uniting in a
very strong dissenting opinion which we
hope to publish at an early day. The
matter Of Judge Liddon's compensation
Is one that has not, of course, been be-
fore any court.
We have already seen that if he was
assistant State attorney" as designa-
Ted in the court record, he had no
shadow Of a claim for compensation
upon the State treasury. Even in the
Judgment Of the circuit court the de-
was commanded to pay "a fee
# $40 for the State attorney"-nor for
IN assistant State attorney" Did
Judge Liddon receive this also?
If he was "acting State attorney"
lid he serve in the Taylor case fifty
lays? Who ordered the comptroller to
ssue the warrant? Was it Jennings?
low could it have been any other? And
las the $500 paid to him been deducted
rom the salary of the State attorney"
I 80, on what grounds and with what
light did the State officials thrust their
ands into the pockets of the State at
orney and extract therefrom $500 with
'hich to compensate another for servi-
es which the record shows the State
ttorney was ready, able, willing and
omPetent to perform.
Reduced to its last analysis, this Incl.
ent is only one of many instances in a
'hich it will be shown, sooner or later, /
nat the Jennings administration not b
My ruled the destinies of the people of il
lorida WITH wild and reckless hand. '
ut actually made the taxpayers foot c
Ne bills when the time came for lad
ton, division and silence" ii n
The question becomes pertinent as to l
Ow many cases of assault with intents 9
} murder occurred and were prosecuted o
iroughout Florida during the same q
ear, and a conservative estimate OF n
1eir number would be at least twenty {
We. If not more; and yet, in none Of I
lese was any special counsel employed 9
Y this administration, particularly to D
le tune of S5O0 "a was dona in tha '