The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-02-15
Attorneys Fees Paid by
the 7. I. Fund Trustees.

The Journal this morning publishes
communication from Governor
Broward. on the question of attorneys
fees paid by the board of trustees of
the internal Improvement fund for the
years 1905 and 1906.
The governor contends that the
amounts involved in the litigation of
the board requires the services of ex-
pert lawyers, and seems to think that
are needed Up to the present year it
seems that the board has had the SER
vices of more than one lawyer at a
time, and if the board thinks it needs
more lawyers now TO properly handle
the litigation they should be secured
at once The Journal contendeG that
the sum of five thousand dollars was
too much to pay any one lawyer, and
we still think so.
Governor BrOward thinks more law
yers should be secured, and we ven
ture the assertion that if he will look
yers to look after the interests of this
board for the same amount that is
now being paid one. The attorney
general of the state, who is an excep-
tionally bright lawyer, gives all of his
time to the legal business of the state,
and at just One-half the salary that is
paid TO the boards counsel, who gives
only a portion of his time to these
official duties, and who does not even
reside at the seat of government.
The main point in Governor Brow
ards letter is that ir regard to the
propriety of the alto. rey-Seneral as
sfsting in the litigation Of the board.
The governor contends that as the at
tOTney-general is one of the trustees,
he could scarcely be in the best con-
ditfon of mind 10 treat impartially
each of the interests to the fund while
serving as an attorney for the board
in pending litigation; that he would
appear as attorney for the trustees
before himself as arbiter, judge or
trustee, whose duty it is 10 act impair
tally.
In this connection it might be noted
that on Jan. Il. 1906. the board of
trustees adopted a resolution provid-
ing that the encouragement shall
be associated with the counsel for the
trustees in all litigation in behalf of
or against tho trustees, this action
of the trustees in requesting the at
torney- to assist the counsel
for the trustees being taken upon the
announcement by the encouragement
Of his willingness 10 render such as
sistance"
In December, 1907, the general cOun-
sci for this board, in an official report
to the board. said: Il desire to &C
knowledge able and efficient assist
ance rendered in the matters herein
to by Hon. W. H. Ellis, at
If Governor BrOward is right when
he says the encouragement should
not represent the state in these legal
matters, then the board of trustees
MAS wrong in requesting him to do so,
and the encouragement has made a
mistake in performing these services.
~ ObtAA A4Cat may nave VI
this money in the hands of the trus-
tees as the peoples money" but II
never said. or intended 10 intimate
that the money was in the state treas
ury- Attention was especially called To
the fact that the measure providing
for the transfer of this money into
the hands of the state treasurer,
passed by the last legislature, was
vetoed by the governor.
The Journal understood all along
that the money with which these law
yers were being paid was coming out
Of a fund which. should the state lose
the cases in court would go to the
railroads If the state loses the cases.
these attorneys fees will, OF course
be borne by the railroads, because il
Will come from the funds which t-ey
are suing for. but this is no reason
why he trustees should not be as
careful in its disbursement as If the