Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-07-20
M'LENDoN Is STILL
MAKING EXCUSES
Continued from Page One

the attorney general the next day for
his opinion, which has been filed in this
investigation. acted on his opinion and
requested Mr.. Patterson to dispose of the
bonds at once. Not satisfied myself with
The opinion of the attorney general, I in
vestigated for myself and found that the
act which forbids the ownership of rail-
road bonds by a railroad commissioner in
terms excepted from its operation and
from all of its provisions street railways
Therefore. If were held to be the owner
of such bonds. such ownership would not
be in violation OF the act creating the
railroad commission.
found further that Code section 1908
provides as follows:
Among the rights Of citizens are the
enjoyment of personal security, of per-
sonal liberty, private property, and the
disposition thereof the elective fran
chise, the right TO hold ONCE unless dis
qualied by the constitution and laws, to
appeal to the courts, TO testify as a wit
ness, TO perform any civil function, and
10 keep and bear arms"
I found further that Code section 1909
provides as follows:
"All citizens are entitled to exercise
all their rights as such, unless specially
prohibited by law"
NO LAW, HE SAYS.
Under these several provisions of the
law, as well as in section 2 OF the Gambler
bill, there was no law specially prohibit
ing. or in any other way prohibiting a
railroad commissioner from being the
holder or owner or from being otherwise
interested in any street railroad bonds or
stocks. of compress company bonds or
stocks, or the stocks or bonds of any gas
company. or of any electric light compa-
ny, or of any telegraph or telephone COM
pany, all OF which are subject to the ju-
risdiction of the commission. My con-
clusion, therefore, was that was not in
the remotest sense, even II were the
owner OF these bonds, violating any law
# the state and thereafter was not dis
turbed on the subject Of disqualification.
found further that / was not even vio4
lating the public policy of the state, be-
cause the United States supreme court in
End Howard had held:
The public policy Of a state must be
ascertained from the constitution and
laws and decisions Of the state, and not
from general consideration OF the sup
posed public interests and policy of the
state beyond what such sources of infor-
nation make known to the court"
1 found further that he Georgia supreme
cour IN rs Georgia 40 had, after quoting,
with approval, End Howard, said:
LAS to what constitutes public policy,
and as to what contravenes it, is not a
question of fact for the jury. but a ques-
ion OF law to be determined by the court.
Any other rule than this would lead to
confusion and injustice, and instead Of
settling, would go far to unsettle the law
upon this subject
So my position was and is that at no
time. and in no act of mine, have 1 vio-
lated either the law of the state or the
public policy OF the state.
DREW ON SULLIVAN.
In October these bonds, which were
held by the Central bank were sold for
account OF Mr.. NJ. F. Plant to Mr.. Sulli-
van, and drew on him (sullivan).
through the Central bank for the amount
of the purchase price of the bonds, the
bank sent my draft with the bonds and
cancelled my note. 1 never saw or held
In my possession any one of these bonds,
nor could have gone TO the bank at any
time while the bank was holding them
and taken possession of them without
paying for them. When these bonds were
disposed Of Mr.. Patterson, though under
no obligation or agreement to do so, gave
me the profit which l accepted because
the matter was completely and absolutely
within tho law from beginning to end.
and he can give you the details and any
other facts within bis knowledge with
my most cordial approval.
Any member of the railroad commission
can own or buy and sell stocks and bonds
of street railway companies, gas compa-
MES, electric light companies, telegraph
companies, telephone companies and com
press companies without violating the
law. Even If II should be held that my
connection with this transaction amount
ed to a disqualification. that disqualified
ton was removed upon the sale of the
bonds, and this occurred last October.
The law on the whole subject Is too
plain to admit Of controversy or differ
ence of opinion. The utmost Unite to
which unfriendly criticism could go would
be to say that l made mistake, but II
did II was one which had its inception in
an effort to help a man in political dis
tress who had been my friend; II mis-
take, II was free from any faint of cor
ruption and was hallowed In its birth by
as pure a purpose of friendship as ever
prompted human heart.
GAINESVILLE, Ga. July 1s.-Capt.
Charles A. Lilly, formerly one of the
most prominent citizens of this county
apd fox,v., orfp4paliv from TuYnnirfn will