Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-07-02
In Response to Inquiry Of De
posed Commissioner, Judge
Hart Told Him Commissioners
Could Not Legally Hold Rail
road Securities.
OPINION WAS ASKED
TWO MONTHS AFTER
HOKE SMITHS DEFEAT
This in Spite of Fact That McLen-
don Said He Was Trying 10
Help Governor = Correspon-
denoe Doesn't Specify Any Par
ticular Stock.

Ex-Rairoad Commissioner s. G Nc
Lendon's admission that he was instru@
mental in selling bonds for the Athens
street railroad and, also, agreed to try
TO sell the entire bond issue of the
WrightsvilIe and Tennille railroad, has dr.
rected attention to a communication he /,
wrote the attorney general in July, 1903,
to know whether the inhibition Of 1879
against railroad commissioners lin any
way holding any stocks or bonds was still
a law" Judge John S. Hart, the at~
torney general, advised that, in his opln-
len. the old statute was still in force.
Mr.. McLendon's inquiry to the attor
ney general bears date of July "a. 1903
nearly two months after the defeat for
reelection of Governor Smith. He says,
in his statement, however. that he was
animated by a desire to help Hoke Smith
when he agreed to try to find buyers Tor
the bond issues in question.
Asked about his communication to the
attorney general, Mr.. McLendon de-
clined TO discuss its purpose He would
not say what animated him to seek the
advice at that time.
The existence of such correspondence
became known. and Journal representas
tive called upon Mr.. McLendon TO see Il,
the ex-chairman declined positively TO
give ii out. Later, however. after Attor-
new General Hart, who aiso had copies of
the correspondence. took the position thai
II was part of the files of his office and
the public was entitled to see it. Mr.. Me-
Lendon heartily assented to its Being Civ
en- out. Attorney General Hart then sup
piled copies of the corresponding TO she
press.
SIGNED INDIVIDUALLY
In his communication to the attorney
general there IS nothing to indicate that
Mr. McI.endon had in mind the .Athens
street railroad bonds. His refusal 10 re-
veal TO what he had reference. II any
thing Is matter which the legislature
may investigate. 1t is regarded as signifl-
cant, however. that his communication 70
Judge Hart is signed in his Individual
capacity and not as chairman Of the
railroad commission. The attorney gen
eral. however, treated the letter as Off
cial. end in his reply addressed Mr.. Me-
Ierdon as chairman OF the railroad con1-
mission.
Mr.. AFTERNOONS QUESTION.
Mr.. McLendon's communication recifes
that under the act of 1879 the av ref
ouired that members of the railroad com
| mission should not in any way be hold
crs of any. railroad stock or bonds or ~
the agent or employee of any railroad
comDanv. etc. He then invites attenfiQn
to section of the act of 1907 amendatory
of the law of 1879. He says II seems -
establish a new and a different quaiifica-
! tion for members of the commission. The
only interests. possession of which Is de-
MED. he seemed to think, is an interest,"
\ In any mercantile business or corpora-
ton that participates in any oeneht OF any
pool combination, trust compact. or ar
rangement that has the effect. or tends ~
increase the cost to the public OF car
rage, heat. light, etc.
Mr. MeI.endon says in the letter that
| he
cussed with Judge Hillyer ano Judge
Hines the question of qualification ana
disqualification of a railroad commis-
sfoper They were all, he said, OF the
opinion that section OF the law as II now
/ stands expressed the qualifications ana
disnualiScations of a commissioner. ne
! concludes by asking the attorney gen
| erals construction OF the Jaw.
! ATTORNEY GENERALS ADVICE
~ is nerhaps true that Section
NJ the act of August %, 1901, is exiian us
tive of the qualifications Of a commlsslon-
ar lint as I interpret your letter you gre
NJ the opinion that the section renoets
| Ineligible only a commissioner VINO Ha9
/ merely an interest in any mercanthe JUS
| mess. or corporation that participates =
| tho benefit of any pool, comoinallons
80 coronact or arrangement that has
| che effect or tends tn increase the cost
| ~ the public of carriage, heat, light, ETC.
and that YOU interpret the section as net
now inhibiting membership on the com
mission of persons who are the noioeIe
NJ railway stock or bonds or the agent
or employe of railroad companies, or VINO
have an interest in any way II railroad
company. =.
81 do not think that section meant 20
remove those disqualification. Again tns
language of the section is suf1cientiy
broad to render ineligible q person 70
membership on this board interested n
railroad properties, in that he is rencehed
ineligible if interested in any mereantise
business "OR ANY CORPORAIIoH
THAT IS CONTROLLED BY which &
words UNDERSIGNED 1 interpret as meaning
he should not be interested in corpora
ton or business whose revenue may ne
euected by any order or regulation OF tne
commission; railroad companies pein8
controlled by the commission person n
terested therein should be ineligible 20
membership on the board.
ct am. therefore, of the opinion that the
section in question would not render
eligible to membership on the commission
persons ineligible under the old act ana
that section is merely cumulative
Yours very truly.
Csipne6 "JNO. c. HART,
Attorney General"