The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1910-05-05
BYRD TO Be PAID
- -, IN FORM,OF FEES
Speaker Not to Accept $4,000 Fixed
Salary for His Services as
Special Counsel.
RICHMOND, vA-specfal

RI c H Nj Joni ID, VAS pecfaI.-
According to a statement Just issued
by Speaker Richard +. Byrd, he will
neither be paid, nor VIII he accept. a
hXed salary for his services as ''spe-
cial counsel for the State, a position
TO which he was recently appointed
by Governor Mann.
Pursuant to the plans of a new
agreement which he has reached with
the Executive, he will receive his
compensation in the shape of fees
that is to say, he will only be paid
for services actually rendered.
This is vastly different PROPOSE
ton from the original plan, which
was to have carried a salary of $4,000
year, and which excited q storm of
criticism.
In no event. under the second ar
rangement, can Mr.. Byrd get over
$4,000 a year. and unless he is fire.
quently designated to serve as coun-
sci for the institutions and depart
ments of state, his compensation may
be considerably less
In its closing hours the Legisla-
ture of 1910 added to the general APP
preparation bill clause allowing the
governor TO employ an attorney to
look after the needs of departments
and institutions, 1.-The cost not to ex-
ceen $4,000 in any one year"
NO mention Of this item is made
under the 1911 heading of the bud
$4,000 mentioned under the 1910 cap
ton must be made to cover the period
or two years. Therefore. il will be
seen that, at best, Mr.. Byrd could not
receive over $1,000. though as a mat
ter or fact. the new contract limits the
total to $4,000.
Governor Mann, in the beginning
thought IL would be best to let the
compensation come in the form Of
salary. as this would have insured the
services of the Speaker in all cases.
Under the new arrangement, however,
Mr.. Byrd is not likely to be called on
so frequently.
The Speaker makes the following
statement about the matter:
Shortly after the adjournment OF
the Legislature L happened to be in the
office Of the Governor upon another
matter. Governor Mann preached the
subject and stated that under the sec
ton of the appropriation bill author
izing him to do so. he intended to en-
plOy me as counsel to perform such
services for the various public insti-
tutions as the Attorney General was
either not required TO perform or
might not be able to perform, or i'm
which he might desire assistance.
These services. however. were to be
under the direction and with the as
ISOLATION OF the Attorney General.
Il thanked the Governor, and
asked him to defer the matter for a
time. ON another occasion, early in
this month. l saw the Governor again.
l was preparing to leave the city. and
somewhat huriedly made an arrange
ment with the Governor, which was.
in substance, published in the Times
Dispatch.
Il left the city the next day and did
not return for eight or nine days.
Shortly after my return the matter was
again taken up and more carefully con
sidered. / then agreed with the Gov
ernor that l should not receive any
salary whatever. but that when my
services were required / should be paid
the sum of $4,000 for two
years. The Governor thus carefully safe
guarded the interests of the State The
amount of the available appropriation
Is $4,000 for two years, and not $1O,-
600, because the appropriation was only
made in one of the yearly budgets
Would Limit Fees.
The purpose which Governor Mann
and i had in view was the same-that
trolled the Legislature in making the
appropriation, which was to put a limit
on expenditures for counsel fees and
thus save the State money.
I'm 1908, $4,000 was appro priated bv
the legislature Tor special counsel fees,
and of this amount $4,000 was actual
and departments expended about IS, 600
more. 'O'O0O
The employment was rendered and
accepted In the spirit which actuated
the Legislature in making the appro-
priation. 1t was known that threats
the tax bills.
SHOULD the Governor designate me
10 try any case, 1 will certainly feel
that can do so with perfect propriety
Such employment would not constitute
me an officer, and therefore is per-
fectly constitutional
IF am not designated for any legal
work receive nothing. In any case
the State is safeguarded from paving
torneys' fees"