The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1907-02-22
Tallahassec. Fla. Feb. Il. lao7.

Non. FRANK J.. AaEeS, EQlOr PtuS3-
cola Journal Pensacola. Fla.
Dear Sir:-It seems 10 me that YOU
have not before you the full report
of the trustees. nor have YOU brief
OF the laws upon the subject of the
fun3.
Up 10 the time OF the adoption OF
the new constitution in 1857, the
attorney general OF the state. who
was q trustee, had acted as one of the
attorneys for the trustees. and ne
had been paid for the part taken by
him in the several litigations pro
baby $4,000 or more. first and last
but the writer's of The new cOnstitu-
tion saw fit to write into ii. and the
people adopted it. which consjiJu-
zion provides as follows:
See %. sri. :. Thai no admins
trativc officer Of the executive depart
mem shall receive any additional
compensation beyond his salary. for
any service or services rendered she
state in connection with the Internal
improvement Fund. or other interes,s
belonging 40 The state OF Florida
From the adoption of ;he consf.iu-
tion. he attorney general has never
acted as attorney for the fund. He
sometimes aids but with no compensa-
tion. In the next place. the attOr-
ney general is a trustee for what?
For all VINO have any interest in the
fund. He is one of the trustees. hav-
ing in charge a fund that may belong
10 the railroads, or may belong TO
the people of the state, and | submit
that he could scarcely be in the best
condition OF mind TO treat impartial
iy each of the interests to the fund.
He would appear as attorney for the
trustees before himself as arbiter.
judge or trustee, whose duty il is 10
act inpartially.
Thinks Fee Not Excessive.
In the next place, would ask /
whether you consider the fee so far
paid TO attorneys. in the last foGr
wears. have been excessive. or wheth- !
or it indicates parsimony instead. I .
herewith enclose you list OF :
cases and amounts OF money on lands .
involved in each ease Would the
manager OF corporation. Or would .
an individual believe that one lawyer
was sufficient 10 take care of the
several sums of money and land
named? If you owned the money OF
land. or believed that YOU did. what
fees would you believe or expect
would be charged TO you, as fair com
pensation by attorneys, for legal scr. .
vices in each case?
MI. Williams was employed By the .
trustees to defend the trustees
against the East Coast railroad: the
L. & y. in two suits, one for HI
GOO acres and another by the same
railroad company VS. Trustees. for
S22i .00o. amount vi land, Ia. 400 .
acres: kittel and others Us. Trustees.
East Coast Land & Transportation
COmpanys claim for $4,000 acres
cf land: jhe East Coast yailrodt
companyS suit for 2.040.00n acres
of land, for which he was paid in
1905. for services rendered prior 10
that time: and in 1906 for services
rendered in 1905.
Since January /. 1906. we nave had
but one attorney. Hon. ". {. Jea-
nings- In 1898 the trustees employ
ed Bryan & Bryan. and Hon. w s.
Jennings, OF Jacksonville, as addi-
tional counsel. and also paid Hon 4
VIM. Farley. OF Mariana S50C %
represent them in the Kittell case. In /,
1906 We had but one lawyer. Hon.
w. :. Jennings. but it is my opinion
that you Will agree after carefully /.
considering the property involved. Z,
;haj the trustees should now nave T.;
more than one lawyer To defend their
ill" a. the lands and possession of I
the money. .
Where Fees Come From.
spoken Of rs the peoples money. The
intima;ion being that tha monoy Is =
in the state treasury and is derived
from taxation, which j. being used i
10 pay lawyers II defend the title 20
land and money. in the hands of The .
treasurer. which is not ;Tue. The
money paid for attorneys fees Is
some of the same money for which /,
the suits are brought by the railroad
companies Ii the corporations win.
they win he whole stake. except
what is paid ont for attorneys fees. /
IL IS best 30 use portion Of the fund.
with the expectation of SavinG all Of
the land and money Of the fund, or .
would anyone advise that the best /
course would be 10 employ 10 law
yers. tina; the trustees permit Ju3g-
ment 10 DE obtained ny default, and .