The Birmingham age-herald., 1910-04-10

l Icy ol employing cOuUSel lO dSslSA bh' attorney general ewho. though able, can not take the time from routine duties tc properly follow such litigation), in de l lending the present rates and status 1T Alabama and what will be your policy in that regard?
 The work of seven Years by citizens oi the state and the advantages of the re- duced rates now being enjoyed by Ala, bama can be lost in @ short time shoulc the governor of the state fail to wisely use his discretion for the protection oi the citizens.
 The railroad commission of Alabama l the people of Alabama, the state itself in the present matter are helpless tc protect the ground that has been wor unless the governor, in his wisdom, ex' ercises the discretlon given him by the legislature and uses the funds necessary out of the amounts set aside by the reg | slature for these purposes. | These matters are of such importance | to the business interests of Alabama that candidates for governor should give them | thought and make public their eonclu- sions
 | I feel sure that you will not deem me meddlesome or officious in bringing the subject to your attention.
 | With kind regards I am, yours very | truly ". D. NESBlTT. tOlOneI MauOrys AnsWer
 Selma, Ala, March 16, 1910. Hon. W. D. Nesbitt Birmingham, Ala: Dear Sir-I am just in receipt of your letter of the 14th in reference to the liti- gation between the state and certain rail- loads.
 As stated by your, and as I know in a general way, these suits have been in progress for quite a time and involve questions of great importance to the peo- pie of the state and have been attended with considerable legal expense and great labor on the part of the legal rep resentatives of the state (the attorney general and special counseD.
 As I understand the taking of testimony has or will soon begin. Necessarily this will be very voluminous as both sides will. no doubt go into great detail
 The preparation of these cases, includ- ing the preparation for trial and their trial in court, involves so much time and labor that it was necessary to give the attorney general, sklllful as he certainly is the aid of special counsel, at the ex- pense of the state, which was done and should be continued.
 We all recognize the eminent ability of the attorney general, but 1t would have been impossible for him to have engaged alone in these suits and at the same
 
 of the office, and the same will be true in the future conduct of these cases
 These suits should be conducted in due and orderly procedure to final determi- nation, so that the question involved may be finally settled and determined.
 The special counsel employed by the state are gentlemen of eminent legal abil- itY and loyal to the interest of the state Ht is the duty of the governor to look IL. -k-k sx. fhran controversies, and he would be unfaith- ful to the trust reposed in him if he failed or faltered, and he should see that nothing is left undone, necessary to the protection of these interests.
 He must necessarily largely rely upon the opinion and the advice of the states counsel (the attorney general and his assistants in the easel. It would be singu- lar if he didn't
 If the decisions in the inferior court should be adverse to the state, these gentlemen would advise the governor whether appeals should or should not be taken, and it would be grave rsponsi- bility the governor would assume if he should decline to follow the advice of the states counsel in such an important matter.
 do not suppose the states counsel could not say other than that these cases should be vigorously prosecuted on the part of the state, and on decision in the inferior court then consider what steps, if any, should be taken.
 They will be competent to advise, and it will be their duty to advise the gover- nor, and unless clear and good cause to the contrary should appear, what reason is there to suppose or can be supposed, that a faithful chief executive would not follow this advice? Yours very truly,
 H. S. D. MALLORY.