The sun., 1907-03-14
TIE SPECIAL COUNSEL ABUSE.
THOUSANDS or DOLLARS PAID IN
VIOLATION or Law.

AttOrney-CeneraI jackson Points 10 Ey.
pendltures by Ills Predecessor One
Bin OF 81 300. or 500 a Day Turned
Down Another OF $4,000 Expected.
ALBANY. March 13-Evidence continues
10 accumulate concerning the hundreds Of
thousands Of dollars which have been
diverted from the State treasury during
the past decade through special counsel
fees in violation of the State Constitution,
which prohibits such expenditures except
through the Attorney Generals Office.
Attorney-Gen jackson tonight gave
out reply to the recent communication
from Senator Armstrong. chairman Of the
Senate Finance Committee, criticising the
requests made by the Attorney General
for increased appropriations for the conduct
Of his department. based on the proposition
that the Attorney General should take
charge Of the entire legal work Of the State
departments and commissions. tc the ex-
clusion Of the numerous special counsel.
The statement of Senator Armstrong in
Guided an estimated item Of $s3.0oo for the
Attorney-General to be inserted in the
Annual Supply bill.
In his letter to Senator Armstrong the
Attorney-G General says:
My attention has been called to pub
lished statement purporting to come from
the Senate Finance Committee. in which
it is made to appear that have asked for
an appropriation Of $4,000. This includes
an item OF $50. 900. which seems TO be an
estimate gratuitously made by the Finance
Committee Of the amount which l am ex-
pected 20 ask in the supply bill.
Il already have informed you and Chair,
man Moreland OF the Assembly Ways and
Means Committee that did not intend 10
ask for any appropria alton in the supply bill.
My brief acquaintance with affairs at Albany
has convinced me that the supply bill ls
little more than a subterfuge designed to
cover up department deficiencies frequently
created in violation of law. and that there
would be little occasion for such bill II APP
preparations were adequately and honestly
made in the first instance for the fiscal year
as they pretend to be made.
The statement referred to also contains
the information that during the last year.
while my predecessor was in office, total OF
but $llS,195 was made available for this
department in the supply bill for 1905 and
in the annual appropriation bill for the fiscal
year beginning October /, 1906. the evident
purse being to make il appear that my
predecessor was able to conduct his office
Tor a year for Sis 1876. / desire to call at
Jention 10 the fact that when my predeceS-
sor left Office, after but three months had
expired of the fiscal year for which his APP
preparations we're made, he not only ex-
hausted the total appropriations for the
whole year. but had left this department
in debt for special counsel fees alone TO the
extent of approximately SS5, 900, as near as
can now be ascertained, This estimated
debt for special counsel is nearly as large as
the total amount which have asked Tor
similar purpose for the whole Of the fiscal
year, beginning October 1, 1907.
-One special counsel appointed by my
predecessor in the New York gas litigation
presented bill for twenty-nine days work
alleged 10 have been rendered during the
month OF January, amounting to 5000,
which was at the rate Of 500 day. l
refused 10 approve his bill and his services
were Immediately discontinued. He began
work under my predecessors designation
ast August HIS bill for services from
August TO January has not been paid, but
some idea Of its probable amount may be
gained from the fact that he considers
fee Of 500 a day reasonable and twenty
nine days in a month a fair standard of
diligence for a lawyer specially retained
by the State
Il also am informed that another special
counsel retained by my predecessor in a
case that went TO the Supreme Court Of the
United States considers his services, for
which no bill has yet been presented. worth
at least $4,000.
Il have asked to have included in the
annual appropriation bill only the amounts
which | consider necessary to keep this
department out Of debt and enable it TO
perform the work for which the Office is
established
The duties which this department has
imposed upon it have not always been
performed in the past and work which
should have been done has been left undone.
This neglect | believe, has resulted in
some measure at least. from the policy,
which seems to have been consistently
adhered TO, of withholding necessary
fac 'lities and subordinating the depart.
ment generally. Since January many OF
the deputies in this office have been at
their desks nearly every night in an effort
TO keep abreast of the work
Il desire to avoid the employment OF
special counsel wherever Tossible. l have
endeavored TO show that it is better to have
a sufficient number of regular deputies at
reasonable salaries than it is to force the
Attorney General to engage special counsel,
who naturally are inclined to look upon the
State as a millionaire client.
The records in the Comptroller's office,
covering a period of ten years, to which
might direct your attention more specific
ally, are hardly such as to encourage the
practice of farming the legal work of the
State out to special counsel through various
departments.
There, of course. will always be the
necessity for the employment Of special
counsel by the Attorney General, but he
should not be forced TO turn over to them
work which should be performed by the
deputies under a regular retainer. i am
now engaged preparing further informa-
ton upon this subject for the use OF your
committee and desire a hearing before the
full committee before the appropriation
bill is reported out"