The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-04-28
Mr.. BYRD EXPLAINS
HIS EMPLOYMENT
Speaker Says His Engagement
as Special Counsel Not
Unconstitutional
/ is NOT STATE OFFICER
BUT AN EMPLOYE
Contract Provides That He Shall
Be Paid Fees Not Flat Sal
ary--Gannot Get More Than
$4,000 in Two Years.

To set at rest the question of Nhe-
Their or not he neid Two state offices
at the same time, and to check the
criticism of Governor Mann for EN-
ploying him as special counsel Tor
: Virginia, Speaker Richard f, Byrd, Of
the House of Delegates. made punilc
= statement containing the facts We'd
nesday evening.
In the statement Mr.. Byrd said ne
was employed by the chief executive
10 carry out the ss me spirit and Idea
the Legislature had in limiting the
fees of special attorneys to $4,000 In
two years,
is statement sheds more light en-
the situation, for in It he states that
he will receive a fee for each case
he attends TO for the State depart
rnent. and not q hat SALARY IF g. .11A
v year. The only mention OF $4,000
In his contract with the State is that
his fees for two years shall not ag-
Eregate more than that sum,
All Doubt Removed.
The aEreemen between the Cover
nor and Speaker Byrd removes ali
question as to whether Mr. Byrd liz
holding two State offices at the same
time, aand carries out the spirit of
the law the Legislature passed dur
Ing its closing hours by which $4,000
was9made available for the Governors
use in employing lawyers during the
next two years. The Legislators had
In mind when they made the funa
available the idea that the chief ex-
scutive should have money and en-
ploy special counsel when occasion
demanded it, but did not. so far as
can be learned from senators and del
exan atey-.
sf any attorney at a fiat salary 20
4 be paid, whether or not it was earn
ed
When IL was announced that Mr..
Byrd had been engaged at Il stipu-
\ lated salary tn perform certain work.
1t was generally construed as an ap-
= paaAtment tt an office. The point was
then raised that Mr., Byrd Is speaker
OF the House of Delegates until the
speaker of the 1912 Legislature is
chosen. Holding this high office, /.
MAS held by many that he could not
4 eeenps- another Office paying $4,000
Although ii WAS repeatedly stated that
Governor Mann did not consider afr
Esrds employment, as the filling of
An Office, but in view OF the fact that
salary. duties and a stated period
of time were mentioned the general
construction was that II was practi-
caily an appointmeM to office.
The Statement.
AIR Byrds statement follows:
Shortly after the adjournment Of
: tire Legislature / happened To be in
the office of the Governor upon an
ether matter. Governor Mann hroao
ed the subject and stated that under
The section of the appropria ton bill
authorizing him to do so. he intended
TO employ me as counsel To oerform
such services for the variods depart
ments of State and the institutions as
the Attorney General was cithcr rot
reuired to perform or might not he
able to perform or as to which he
might desire assistance tn eee SER
vices. however. were TO be .nder the
direction and with the association of
the Attorney General
II thanked the governor and ask
ed him to defer the matter for n
while. ON another occasion. early in
TINS mouth, saw the governor again.
l ~as preparing to leave the city and
somewhat hurriediy made an arrange
fnent with The governor which was In
substance, published In the Times
Dispatch.
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 care
Y FULLY considered l then agreed with
the governor that ! should not re-
ceise any salary whatever. but that
when my services were required L
should be paid a reasonable fee not
to exceed in the aggregate the sum
of $4,000 for two years. The gover-
nor thus carefully safeguarded the
interests OF the State The amount
VI the available appropriation Is
$4,000 Tor two years and not $4,000
because the appropriation was only
made In one Of the yearly budgets
The purpose which Governor Mann
and ] had In view was the same, tina,
Is TO carry out the idea which con-
trolied the Legislature in making the
appropriation which was to put a
limit on expenditures for counsel fees
and thus save the State money
In 1908. $40, 900 was appropriated
by the legislature for special counsel
fees, aud of this amount, 5000 war
actually expended The various in
stitutions and departments expended
about $1,000 more.
1.-THE employment was rendered and
accepted in the spirit which actuated
the legislature in making the appro-
priation. IL wss known that threats
had been made to attach number
Of the tax nils.
SHOULD rho governor designate me
TO try any case, / will certainly feel
that / can q, 20 with propriety Such
employment would not constitute me
an officer and therefore is perfectly
constitutional
iii | am not designated for any
Segal work, | receive nothing In any
sase. the State is safeguarded from
paying out great sums of money for
special attorneys fees