The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-05-24
LAWYERSD|DNOT
APPEAR BEFORE
HEAL TIL BOARD. \
M e m bers D eny That
Wise and PollockAsked
for Swill Law.
WISE GOT CASH
FROM DAIRYMEN
Telephoned Several Times for
$500 Fee Before Mayor Signed
Amended Ordinance, but Got
No Pay Until Two
Days After It's
Approval.

MuCH ACoH!lICtlHS testlHloHS tndEh
hs second session OF the Pollock Wise
Investigation in the Council chamber
last night In support OF the charge
that the two Councilne en-lawyers &C.
cepted a fee of $500 to secure the
passage of an ordinance through the
Council there was brought forth eyi-
dence that the money had been paid
to Mr.. Wise In currency at his office
two days after the Mayor approved the
measure in its amended form.
The two accused attorneys continued
their contention that their fee was for
services before the Health Officer and
the Board of Health. but members OF
that board testified that they had not
appeared before 1t as body or APP
preached them individually. and Chief
Health Officer Levy, while he had talked
with them. claims not to have known
that they were paid attorneys. but dis
cussed the matter with them as Coun-
cilmen.
IL appears, however, that some sort
of assurance WAS given soon after the
Two lawyers we're employed that mo
strenuous efforts would DC made to en-
force the ordinance pending the adop-
tion OF the amendments. and to that
extent the accused supported their
claim.
Would Not Hear Lawyers.
Chief Health officer Z. e. Levy. for
mer Dairy Inspector r.. II. Curtis. j. a.
Deltrick. VINO raised the fund and paid
i, over, and Food inspector Z. A. No
Bile were STAR wstnesses or tue night
While the committee would not con-
sent to the placing on the stand OIL
other attorneys TO testify as TO the
ethics OF the profession, two letters
were filed with the clerk. one from
former state Senator NJ. j. Fulton,
giving 1t as his legal opinion that un-
der his construction of Section OF
the original. ordinance, it did not pro.
hibit the feeding of fresh distillery
waste In a sanitary manner. but only
prohibited feeding impure and un-
wholesome feed and that any attor-
ney holding that construction OF the
ordinance had a right to appear be-
fore the Health Board and ask that
department so to construe and enforce
the ordinance. S. a. Anderson con-
Cured in the opinion of Mr.. Fulton
a mre extended opinion was filed from
John Garland Pollard. who held tha,
it was the intention OF the original
ordinance to prohibit the use of only
such distillery waste as had become
unwholesome, Mr.. Pollard going so far
as TO express the view that 1t was
beyond the power of the City Council
TO prohibit the feeding of wholesome
food from whatever place 1t might be
derived.
Mr.. Pollnrd's Opinion.
He gave 1t as his legal opinion that
ii was entirely unnecessary to amend
the ordinance, as any such prohibition
was to that extent invalid, and that
there was nothing improper or unpro-
fesstonal in the two Councilmen-attor-
neys appearing before the chief health
officer for the purpo ose OF obtaining foi
their clients such construction OF
+ the ordinance as would allow the use
of wholesome feed served in sant-
tary manner.
II do not think" said Mr.. Pollard, ir
his opinion, that the fact that the
chief health officer of this city is Sc
lected by the Council of which yot
are members makes it improper foI
you to have accepted the employment
indicated. II 1t is improper for yot
to appear before the chief health ON
Ger as an attorney because you have
vote in his election. then it would sbt
improper for members of the Legisla'
ture to practice before the Court o1
Appeals Of this State or before the
judges of any OF our city courts.
do not mean to say that influence II
such cases cannot be improperly used
but our faith in human nature woult
be indeed small 1t we should contend
that our judges We're influenced o.
controlled in their jdgment by tht
fact that. the. attorney appearing |,
@j,oot t{,,x ~.
Filed Cancelled Check.
". l. Brittle filed with the com
mittee cancelled check showing hi
able to j. A. Dcitrick dated March "a
1910, on the American National Bank
Thomas Fl. Farrand filed his checl
showing contribution. dated March 81
1910 payable to cash. For $40. and in
dorsed L. II. Kemp. Jr. drawn on tn,
Main Street Bank.
j. a. Deitrick was sworn, and testi-
fed that he had himself subscribed $1O(
to the fund paid Messrs Pollock an6
Wise; that he also acted as collecto,
& for the other subscriptions, all the
money having passed through his hands
and paid to George f. Wise at his Of,
flee on March % in currency, the wit,
ness filing receipt showing that Il
was for legal services. He testified
that he advanced the whole amount and
collected later; that 1t was paid In casf
on the day the receipt was dated and
was paid for the permission OF using
swill," lie explained that this permis.
sion was to be secured from DR.. Levy
and the Health Board; that the attor,
neys had been employed in January ir
the presence of John L. Miller and w
! p. Taylor, The witness was aware tina,
there was an ordinance prohibiting the
MI !. r,