The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-02-26

The Special Counsel
and the I. I. Board.

Inc Madison recorder. whose ell
tor is secretary of the Florida Rail-
road Commission, seems to be the
only paper that is attempting any de-
Tense of the board of trustees of the
internal improvement fund, in their
actions in employing special counsel
for that board
In somewhat lengthy editorial the
Recorder takes The Journal to task
for the position taken by this paper
on the question of employing this
special counsel. The Recorder says:
The Pensacola Journal takes issue with
the recorder though admitting, as it
must. that If the attorney general has
more than he can do, he should have as
sistance.
First, The Journal thinks if assistance
is to be employed, as good a deal for this
assistance should be made as if counsel
was being employed in some private
case. No one would dispute that But
is The Journal prepared to say that as
good a deal was not made in the case
of the !. !. Board as might have been
made by private parties? In this case
about three million acres of land are in
volved and also the question of the valid
fly of the drainage tax act. There are
quite a number of cases involved pend
ing in the various courts. The Recorder
is not prepared to say that a private
individual could have secured legal help
in cases where possibly a million or more
dollars are involved for period of two or
three years for less than $4,000 We
venture the prediction that the attorneys
on the other side of these same suits
have been paid more than $4,000 for
their services during the same period.
The Journal reiterates that if the at
torney-general needs legal help in the
proper performance of his duties he
should be given this assistance, and
all the assistance he needs, but it
should be given to him only on his re-
quest, and when done so the services
of these lawyers should be under his
direct supervision. There can be no
disputing this proposition.
The Recorder takes issue with The
Journal on the question as to whether
or not as fair a deal was made with
the general counsel of the board of
trustees of this fund as could have
been made with him or any other good
lawyer in a private matter The
Recorder says it is not prepared to say
that a private individual could have
secured similar services for less
money, and right here is where The
Journal disagrees with the Recorder.
There is no question in our mind but
what two of the most prominent law
yers in the state could have been re-
tanned by the trustees for the same
amount of money that is now being
paid one.
The question of what other lawyers,
on the other side of these cases. are
getting has nothing to do with the
point at issue. Because the railroad
companies want to pay twenty thou
sand dollars is no reason why the
state should pay this amount Accord
ing to this argument, if the railroads
paid their attorneys one hundred thou
sand dollars to push these suits, the
trustees would be in duty bound to
pay the same amount for lawyers to
defend them.
Continuing further the Recorder
says:
The Journal thinks every matter of
this nature should at least come under
the supervision of the attorney general
and il should be done in his name. The
Journal here assumes that the legal work
in these land suits has not been done
under the supervision OF the attorney
general. and that his name does not ap-
pear of record. The Journal is in error
as to this, and therefore its beautiful
argument falls TO the ground. The At
torney General and special counsel have
prepared the cases for the state together
in each of the suits. and the attorney
generals name is used in every case as
attorney general of the state
If the Journal stated that the attor
ney-general had no connection, either
In name or act, with the suits. it was
in error In the report of the trustees
the general counsel acknowledges hay-
ing received assistance from the at
torney general, but it has been our i'm
preston that the work Of the attorney
general has only been nominal, and
that his other duties prevented him
from giving much Of his time TO the
suits of the trustees.
If the encouragement has given
very much Of his time TO these suits,
as the Recorder would have US be-
heve, then it only makes the case look
worse for the trustees, because it
shows they have been receiving more
legal assistance than was at first
figured on. and hence shows less work
done by the specially retained counsel.