The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-10-17

eeee TO elect another, anil another cree
il If a good one, the board will never
displace to get you back. l know that
Mr.. Norton is opposed to your connection
with politics in every shape. If l were
not as good a friend as you have I would
not write you this kind of a letter, but
with my warm feeling of friendship
may say affection-for you, as evidenced
for several years in connection with you.
l am forced to speak.
You may answer and say just what
you please. We win not quarrel about It.
Yours truly. Russell HOUSTON,
&" Chief Attorney"
1.-THE Mr. Norton to whom the letter
refers was Mr. Eckstein Norton, then
president Of the company. I had no
agreement expressed or implied. as Gov
ernor Conner intimates. with any of the
authorities of that company, that l could
return to the law department after leav-
ing the service of the state.
Il dislike TO refer to my personal mat
ters but it seems necessary. AT that
time, aside from the railroad practice,
was retained attorney OF a large bank,
a local insurance company, the water
works company, the street railroad COM
pany, telegraph company and an ex-
press company, besides other private
clients here and in Birmingham. This
business on my induction into office went
TO Capt. J. NJ Faulkner, who, prior to
that time. had no connection with the
railroad company. save the defense of
suits In Montgomery and several adioin-
Ing counties, but was my pal tner in
other matters. and it was understood he
tween us after the expiration of my term
of office as governor that these personal
clients would be turned back TO me, and
we would renew our partnership. His
duties as district attorney had become
quite onerous, and when I returned from
office I did not desire the position. Ac.
cordingly, when my term of service ex-
pired the legal business Of the Louisville
and Nashville Railroad company In the
supreme court was turned over 10 me
and I formed a partnership with my de-
ceased brother. I had no connection with
its policies. It is well known that I never
1obbied' in my life. Those were my re-
lations to it when 1 was appointed judge.
81 do not mind saying 1t, though tie
governor may differ with me, shat I be-
lieve NJ H. Smith is a great man and
has done more for the development of
Alabama than many of US who have held
the office of governor. Such considera-
lions, however, would never move my
Judgment in passing upon matters Of law
or fact which enter into rates. as to
which naturally he is not impartial.
THE governor says he has heard it
stated that Mr.. Smith urged my appoint
ment as Judge upon the President. If so,
he has heard an untruth. was not a
candidate for the judgeship, and did not
know that l was being considered until
the office was rendered me. 1 had no
need for recommendations, but II there
had been I would not have heSitated to
ask Mr.. Smith to write letter In my
behalf. He had no more agency IT nflr-
ence in my appointment than Governor
Conner himself
when I became a candidate for COVER
nor there was no reason why the louis
vile and Nashville railroad should feel
any interest In me as against my distin-
guished competitor in that campaign He,
I believe, advocated the adjustment of
the railroad commission at one time, and
I had voted against an effort to accom-
plish that indirectly by repeating the act
which put the expense Of the salaries of
the members of the railroad commission
upon the railroad, there being no other
provision for their payment. Mr.. f. B.
Stahlman. one of the vice-presidents of
the company, favored Captain Kolb. The
Louisville and Nashville railroad, though
partisans sometimes said to the contrary
so far as ! know or can learn or believe,
took no part whatever in the campaign.
IT never severed my connection with
the law department OF the railroad COM
pany but twice. and never with any I'M
Outstanding with any of its managers as
to returning. Once l left the law depart
ment IN consequence of a disagreement
during DR.. Standiford's presidency Of the
road, because while an attorney of the
road. and at the same time a member OF
the city council I persisted in compelling
the South and North Alabama Railroad
company, which the Louisville and Nash
vile was then financing to remove its
depot and passenger station near the
Western road to the place it now occu-
pies, In pursuance of q contract with the
city, in which 1t agreed to do So and
expend about 100000 in that behalf I
remained out of its employment until a
change in the administration, some time
afterwards, when Mr.. Newcomb succeed
ed to the presidency, and my friend,
Judge Houston. again rendered me a po-
sition In its law department. The other
instance was when l became governor
My services In the constitutional conven-
ton and In the Legislature were transit
tory, and my relations with the railroad
company were not interrupted by those
honors; vet the governor in his language
implies that I left 1t and returned after
accepting each of those honors, and that
there was some sort OF special concession
on each occasion which created some
sort of special obligation upon me as a
Judge.
Instances Where Environment Had No
influence.
There are some things about my en-
vironment' which the governor knew and
yet stud1ously seeks to keep out of public
view. He knew that at a time when |
was a struggling young lawyer l had
given up the roads practice for nearly
two years because ! insisted upon the
performance Of a contract with the city
of which I was a representative in a
legislative capacity, and at the same time
lawyer of the road In the courts. In
searching my record he must have found
that while I had not favored Captain
Braggs legislation, that I did favor his
retention at the head Of the railroad
commission, and parted from warm per-
sonal and political friends and supported
and largely carried through the house q
joint ballot bill, which, had it lot been
defeated by the senate, would have re-
suited in his retention; and that by rea-
son of a controversy growing out Of it
my fathers friend and my friend, Col.
James w. Sloss, who had some Of the
ideas of environment that the governor
had, I Indignantly rendered my resigna-
ton and parted for time with salary
of several thousand dollars, because I
advocated what he insisted my client de-
sired to prevent Our mutual friend,
Col. s. W. John, would have told tie
governor that during our service In the
legislature, In 1884 while on committee
by which the employers liability act was
being considered, and which was adversed
by a tie vote, my vote carried favor
able report, though my railroad client
opposed it. ! was the first governor to
endeavor to break up the pass evil, and
was persistent in my efforts to do SO In
the constitutional convention, though at
of /