Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-07-16
SMITH DEFENDS
EMPLOYMENT OF
SPECIAL COUNSEL
Ex-Governor Declares That HOOP
er Alexander Was Eligible for
Service and Was Engaged Be-
cause Of Familiarity With Gases

service ana was Engaged DE-
cause Of Familiarity With Gases
Ex-Govsrnor smith,, whose employment
OF Representative Hooper Alexander, OF
DeKaib county. as special attorney for
the state In several important pieces OF
litigation has been made the subject OF
criticism by S. c. McLendon. suspended
railroad commissioner. Tuesday morning
gave out the following statement;
~AttentiOn has been called to certain
fees which paid as governor TO Hon.
Hooper Alexander. I am glad TO use
the opportunity TO give the public the
facts
REDUCTION OF PASSENGER RATES.
Just before the legislature met in
1sT, an order was passed reducing pas
senger. rates on most OF the railroads
throughout the state Two commissions
ers voted for the reduction. One voted
against the reduction.
Upon the adjournment OF the legisla-
ture the reorganized railroad commission
unanimously approved the reduced pas
senger rates. and the railroads filed a
number OF bills to enjoin the reduction
or the rates The order reduced the
rates The real tight was TO sustain the
reductions before the courts.
Cases attacking the reduction Of pas
1enger fares were set for the same day
IN the United States circuit court and
N the superior court OF Fulton county.
Many OF the ablest lawyers in Georgia
represented the railroad companies.
II requested Judge Hart to appear In
ne United States circuit court, and I en-
ployed Messrs- Wimbish, Watkins & FL
Is 10 aid him.
II requested Judge Hines to appear in
the superior court. and 1 employed Mr.
Hooper Alexander TO aid him
Il employed MessrS. WImbish. Watkins
Ellis on account OF the great expert
ance Mr.. Wimbish had in such litigation.
and employed Mr.. Alexander because
he had conducted the hearing before the
railroad commission. seeking a reduction
of the passenger rates, and because he
was especially familiar with the case and
u a position TO render valuable service
70 the state.
PAID TWO FEES.
IT paid fee OF $50 to Mr. wimbish
and a fee OF 500 to Mr.. Alexandera
when the case in the state court was
postponed, I requested Messrs. Hines and
Alexander TO join in the representation
n the state with Messrs. Hart and VIM
Bish before the United States court
1T viii be remembered that in this lit
cation the railroads brought to Georgia
ex-senator spOoner. formerly OF WILSON,
N. now OF New York city.
The fees paid 20 the states attorneys
we're very small in view OF the interest
involved and the service rendered.
Tn attorneys representing the state
iefeAted the application for temporary
restraining order. and the reduced pas
lenger rates went into effect at once and
lave been in egect ever since.
The people Of Georgia have saved each year
Tor two years between $50 60 and 5000, 600 as
A result q fhfa rpgfucffnw a. ~
II The state had paid the entire expense of
ne railroad commission, the fees Of the attOr-
Mrmse house expenses. 20 obsMln an annuaI saw
ing . $4,000 It would have been = great In
s-sIr Alexander appeared az counsel IN tAs
scperfos eourt. Hs appeared In the United
states court. he argued the case In the United
States coSrt sHd his connection with the htiga
ton wss published over and over again in the
WESTERN AND ATLANTIC PROPERTY.
~in the spring Of ISdS I became satisfied that
q thorough Investigation should be made OF
prOp~rsT interests Of the state in connection with
the Western and Atlantic railroad, with view
10 - whether any encroachments were being
made upon this property By corporate interests.
All On account Of a claim made By the soHta-
srn Railway company 20 an Interest In the W.
A. terminals az ChattaDooga-
1T was Impossible for the attorney general
~ ' so5ssltation Sith d. attorney general.
employed Mr. HooPer Alexander 70 make the
Investigation paid him a fee OF So and
bouethiaE ever SO
I reported this employment o. afr. Alexanisr
10 the Legislature in my message OF June =.
Isa
Tre value Of bis work car be seen by any
~ who win examine the elaborate pamphlet
whirh be prepared. calling attention TO various
arorerfv rights Of the state and 70 encroaeh-
--nnf~ uranr those rights hy certain railroads.
~ slss showing me Southern Railway company
haf No LEGAL basis for Its claim OF an interest
in the -hattanooga terminals
s.suffs were not brought for the encroachments
- accoant % the decision OF the supreme court
4 the state holding that the suits could not
ma Chaftknooga railroad. but a record was made
the rights Of the state and the report OF
Or Alexander. which I had printed. VIII be
4 great permanent value
: ..As = result IN part Of this Investigation by
dr. Alexander. my attentiOn was brought to the
act that the Nashville and Chattanooga rai-
1 owes under its contract OF lease to the
aats IN.
i enpIoyed Messrs. Alexander and Gambler
"a a contingent fee to represent the state with
axes They VIII BE- paid nothing for this ser
rice unless they gain the case IL they gain
ne case they win not only recover large sum
money for the state, but establish perma-
rent liability OF the lessees OF the Western
md Atlantic railroad for additional taxes Wnieh
hey must pay annually In the future.
as result Of THIS work b Mr.. Alexander
md further investigation. brought 10 the at
spnfSoa Of the legislature the fact that in Chat
80 Se.5ed without authority OF law to the
Nashville and Chattanooga railroad by the gov
srnos Of &c Esia in 1850. and which now belong
NO millions OF dollars This property should
= recovered BIZ the state unless the statute OF
s isb,, 2e ~ the le.sees Of the NSshTiiie
md ChattanooEA railroad 10 the state for taxes
las existed for years The right Of recovery OF
his Nashville and Chattanooga property has e1-