Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-03-03
COMMISSION MAKES REPLY.
Response to Governor Blease's Request
For information.


the recent request Of Governor Blease
for information as to the manner In
(which 1t has been discharging Its
stewardship:
in response to your letter Of February
leo. 1911. met on the oath instant and
authorized the following information
Ito be communicated to you by me:
, First. hand you herewith copy OF
1.-The agreement between the said COM
mission and the firm of Messrs. An
lderson. Fielder, Rountree & Wilson,
land will state that this agreement is
the only one made with that firm,
there being no agreement with the
individual members thereof and,
therefore. none with Mr.. Thomas b.
Fielder of said firm. A copy OF the
agreement Is hereto attached and
marked exhibit "a"
| Second AS to the agreement with
Mr.. Stevenson. The only agreement
made with him was entered into for
the year 1907, under which he was to
be paid for attendance upon the
meetings of the commission and ad-
vising them in all matters not liti-
gated and pay his own expenses while
in Columbia and to and from Colum-
bia for the sum Of $1,000. and when
he went elsewhere under orders OF
the commission his expenses were to
be paid by the commission. At the
end of the year 1907, the business
not being completed, his services
were merely continued to be settled
for on a satisfactory basis. He par
ticipated in all the litigation and con-
Quoted one branch Of 1t alone, to wit,
the contest of the United States gov
ernment for alleged back revenue
taxes, the same being finally tried In
Washington before the internal rev.
enue commissioner, who rejected the
claim. For all of his services he was
paid the sums shown in the state
ments which are below referred to,
showing all the items of receipts and
disbursements
| Third. AS to the contract with
Mr.. B. L. Abney. The commission on
January Gath, 1906, passed the fol-
lowing resolution: ION motion OF Mr..
Patton, DR.. Murray. chairman, was
authorized to employ additional coun-
sci to assist in the Fleischmann
suit against the state after consult
ling with the attorney general In
pursuance of that authority and on
account Of the litigation which had
lust been instituted in the Federal
court Mr. Abney was employed to as
sist in the case, and subsequently
| in all Of the cases involving the is
sues raised in the Fleischmann case.
These cases were finally successfully
terminated in the United States su-
preme court, after adverse decisions
had been rendered in the circuit
court and in the circuit court of ap-
peals Of the United States. When
| the services were completed, there
being no definite contract made, Mr..
Abney rendered a bill on November
10th, 1909, accompanied by a letter,
copies Of which are hereto attached
and marked exhibit "B." The com
mission without having a hearing
from Mr.. Abney fixed his fee ten
tatively at $4,000 instead Of $4,000
as rendered. Subsequently on De-
cember Mr.. Abney wrote letter
to the commission, a copy of which
Is hereto attached and marked ex-
hibit &C" which letter states his po-
sition fully. On further considera-
ton the commission acceded to his
request, reconsidered the matter and
allowed his bill for $4,000. which
was paid In full. In settling with
the firms and corporations who had
claims against the state who had
prosecuted and participated In that
litigation, the commission with the
consent Of the attorneys representing
said liuuor houses assessed the sum
of $21,526.17, costs, attorneys fees
and expenses against these liquor
houses, deducted it from their claims
and applied it upon these fees and
the other expenses Of the litigation.
This left only small amount that
the state was called upon to pay as
expenses of that litigation.
Fourth. AS to the itemized state
ments of moneys received and dis
bursed the commission begs leave to
state that pursuant to the provisions
of the act creating said commission
and the various acts continuing the
same, they have regularly rendered
reports to the governor OF South car
olina, all of which are on file In the
governors office, and which were
printed, and they attach a printed
copy of the report up to the first day
of January. 1910, in which every item
received and every item disbursed up
to that date Is set forth the same be-
ing hereto attached and marked eX-
hibit ID" This report purports TO
be a correctly printed copy, but 1t Is
submitted as a printed copy only OF
the correct report which was filed In
the governors office subject to errors,
If any, of the printer 1t may be veri-
fed by comparison with the original
report on file in the governors office.
They also attach hereto a printed
copy OF the report, rendered to the
governor (marked exhibit e OF
their doings up to January lst l9lI
and subsequent to January lst, l9!o'
and ask reference thereto making the
same statement as to its correctness
and the same suggestion as to its be-
ling compared with the original which
was filed in the governors office as
is made in reference to the first men
toned printed report They attach
hereto a statement of the transactions
| had from the first day OF January,
1911. up to this date, the same being
marked exhibit "F." The commission
would state as to the matter OF at
torneyS fees that final settlement In
so far as the commission was con-
cerned was made with Messrs. Abney
| ard Stevenson on or about January
lst. 1910, and that they have had no
expenses for counsel fees since such
date, except such fees as accrued to
the firm of Anderson, Fielder. Roun-
tree & Wilson under their contract
heretofore exhibited.
While the contract entered INTO
with Messrs. Anderson, Fielder. Roun-
tree Il Wilson did not obligate that
firm to represent the state or the
commission in the litigation had In
the Federal courts. nevertheless. that
firm assisted in the argument OF the
cases in the circuit court the circuit
court of appeals and the United states
supreme court and bore all OF their
expenses incident thereto, and re-
ceived no compensation for their ser
vices and expenses in this particular
from any source whatsoever.
Fifth Replying to that part OF
your letter which asks us to state
''why the law has not been compiled
with i'm regard to the winding up OF
this matter as provided In act at the
earliest date practicable" the com
mission submits that it is complying
with the provisions Of the act re-
ferred to as expeditiOusly as the best
interests OF the state Will permit.