Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-07-16

isted for years. The importance Of the en-
ployment Of special counsel 70 investigate such
questions grows out Of. the fact that the at
torney general is constantly at work In his
office with the daily routine, and II is tut
possible for him. or for any one man, no mAttef
how able, TO give the time to such special mat
tiers involving days and weeks Of continued In
vestigatiOn together with some absence from the
''''' GEORGIA RAILROAD TAXES.
During the spring Of 1905. employed Mr..
Alexander. paying him $3.50 fee as retainer
70 prepare a brief and join with the attorney
general IN resisting a bill filed by the lesseea
Of the Georgia railroad 70. enJain an execution
issued by the comptroller general for taxls
against the Georgia Railroad and Banking com
pany. I knew hr. Alexander had studied tho
organization OF the Georgia railroad from the
first charter authorizing the construction Of a
turnpike. and that no man in the state dseon-
nected with the railroad company was perhaps
as famIlier with all the facts connected with
this property Mr.. Alexander.
This litigation Is OF gerat Importance II the
state can succeed before the supreme court OF
the United States should collect several hun
dred thousands OF dollars OF back taxes and
establish a liability OF 10000 $50, 600 annually
In the future by the Georgia railroad for taxes
due the state. Decides taves which will go 10
the counties through which II passes.
That afr. Alexander was eligible for employ
ment ! have no doubt These were employNents
for legal services and do not fall within the pro
vision OF the constitution which made a member
OF the legislature ineligible for office or APP
polutment.
HE was especially qualified to represent the
states interests account Of bis familiarity
with the subject-matter, and his great capacity
for detailed Investigation.
NEAR-BEER TAX.
II pursued in these matters the same course
that pursued with reference 70 the near-baer
tax. l employed Mr.. Henry Peoples 70 assist
the attorney general in the argument OF the
case when the law attacked In Fulton eoun-
". l employed also counsel in Augusta, m
Macon. in Columbus and in Athens and l paid
cut about $3.50 for counsel in connection with
the near-beer tax. The state collected $227, 900
from this tax. and established permanent
right 20 collect the tax IL the legislature deems
''when the state IFS involved in litigation It
should be represented fully and AMY as
gates. and the attorneys OF the state Will
meet usually two or more able lawyers repre-
senting the interests antagonistic 10 the state,
the state should be equally represented. IL Ben
HHi or Linton stephens were alive and attorney
general, II would still be the sound policy 20
pursue. .-...
referred practically ali OF the able railroad
lawyers OF Georgia were representing the rail-
road companies, as. well as one Of. the abiest
lawyers IN the United States from outside ~
Georgia. No lawyer should be expected 10
contend alone AGAINST such, an array OF eounsel.
No one lawyer, II he had given his entire time
TO those cases alone, could have read the rec
ords and prepared the cases.
''In the near-beer cases there was litigation
in a number OF different cities and a number
Of the Ablest lawyers in Georgia were EN-
ployed against the state. No Que lawyer. IL
be bad given his entire time 10 this litigation.
would have been able TO have promptly attended
20 Il. -s
81 am aware Of the fact that those identi-
fiec with corporate interests in Georgia, have
sought 20 create the impression that employ
ments Of this character TO represent the state
are improper. They have sought 60 prejudice
the people against the expenditure Of money
for the protection OF the rights and interests
Of the people OF the state.
81 wish 20 impress the fact that where the
state has an interest it should be represented
with Just rs much force and ability and Just
as completely as the interests with which the
state contends are represented"