The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-04-12
Governor Gives Him Of
flee for Two Years, at
$4,000 a Year.
TRACT MADE
EARLY LAST WEEK
---------------
New Attorney Will Represent
Any State Department. or In
stitution When Requested by
Gov ernor or Attorney
General-Salary Much
Like Retainer.

Richard Evelyn Byrd, Speaker of
the House Of Delegates, has been np-
pointed by Governor Mann ms counsel
for the educational institutions, hos
pitnIs md governmental departments
of the State, at n salary OF $4,000 n
year, for term of two years. The
appointment WINS mndc on April 4, but
It did not become known until ycster-
day.
This salary Is the snmc ms that re-
ceIved by the Attorney-Gcnernl.
This appointment was made under
a provision in the general appropria-
tion act of the last Legislature, which
reads: The Governor shall have the
power to employ an attorney by con-
tract at any time to represent the
State or any department of the State,
and the agreed compensation OF such
attorney shall be paid out Of any
moneys not otherwise appropriated.
not to exceed $4,000 In any one year."
While this provision is under the
heading of the present fiscal year only.
1t Is presumed that the appointment
for two years rests upon the words
which place a limit on the salary to
be paid ''in any one year"
Appointment Surprise.
Speaker Byrd's friends will doubt
less be most agreeably surprised to
learn of his selection for one of the
most important and most lucrative
positions under the State government.
Highly popular as he is, both per-
sonally and professionally, 1t is be-
lieved that since the position has been
created his appointment will give
satisfaction.
This attorneys duties will be to
represent any state department or in
stitution when requested to do so by
the Governor or the Attorney-Ge
1t has been the custom, to some ex-
tent. for these institutions to employ
counsel when any legal difficulties
arose. This, It Is stated. has been eX-
pensive. Governor Mann said yester-
day that he believed this appointment
would save a large amount OF money
to the State each year.
There is no question, according to
the Governor. that Mr.. Byrd Is entire
ly eligible for such position. While
a member of the General Assembly
cannot fill an office, elective or ap-
pointive, during the term for which he
was elected. except offices elective by
the people. 1t is pointed out that tho
retention of the Speaker as counsel
is not putting him into an Office. 1T
Is" said the Governor. "in no sense an
office"
Debate in House.
The provision governing this ap-
po!ntment was put into the appropria-
tion bill by the House during the last
hours OF the session. and was amended
by the conference committee 1t is
interesting to note The Times-Dis-
patch's account OF the matter:
Next came a new provision allow
ing the Governor to appoint additional
counsel to assist in litigation when
made necessary for the various de-
partment, the amount not to exceed
5000
"AIr. stubbs inquired into the reason
for this innovation. Some of the de-
partments. he said, were self-sustain-
ing. and in case of litigation counsel
fees should be paid out OF their funds.
"A1r. oliver moved to strike out the
whole section. MI. Cooke defended
the proposition. The argument for
striking out was that the Attorney
General and his assistant could do the
work.
"Messrs. Ewing and Pitts spoke on
the proposition, after which Mr.. Pitts
offered an amendment which would
make the amounts payable out of the
funds of the departments. Mr.. Oliver
agreed to this If there were added a
provision that the Attorney General.
with the Governor. should make the
appointment OF counsel.
Speaker Byrd (Mr. Bell In the
chair) thought the chairman of the
State Corporation Commission should
be added to the appointing power, as
much OF the legal work comes from
the rulings of that body, Mr., Evans
objected on the ground that in cases
before the commission the judge would
be appointing the attorney.
"The Stubbs amendment. as amended
by Messrs, Oliver and Byrd, was
adopted"
Changed in Conference.
When the appropriation billreached
the conference committee evidently
the Senate conferees demanded some
changes. The clause allowing the At
torney- General and the chairman OF
the Corporation Commission TO assist
In making the appointment was
stricken out. leaving the whole matter
in the hands of the Governor, In
addition, the compensation was made
payable out of the state Treasury in
stead of by the departments for which
the service was rendered II was APP
parently the intention OF the House
TO have the attorney employed, when
ever cases arose, and paid for each
service.