The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-12-28
an APPEAL WILL Be TAKEN
State Ca Proceed With Case
As Relates toI Sale Of Bonds and
Payment Of Back interest Amount
ing to $4,000.

cannot proceed with the taking of
testimony in the lease of Ex-Governor
James K VardamAn to compel him to
make an accounting for the various
funds he is charged with having
squandered while serving as execu-
tive of Mississippi. Chancellor G.
G. Lyell sustained the Injunction
which he recently issued on the appli-
cation of VardamAn, insofar as it re-
lates to the taking of testimony on
the executive contingent fund. The
matter of taking testimony on the
claim of the state for $4,000 as inter-
est on antedated bonds sold by Varda-
man in 1906, was not interfered with
by the court in its almost sweeping
decision, and the state can proceed.
The decision taxes VardanIan with
the fees Of attorneys employed by the
state to resist the Injunction.
I'VE will take the matter on appeal
to the Supreme court Immediately,
declared Judge l.. Brame, leading
counsel for the state. I'VE still con-
tend that the chancery court, and not
the Mississippi legislature, is the
proper tribunal to determine wheth-
er or not the people of this state are
entitled to an accounting"
The decision of Chancellor Lyell
means that the Supreme court must
decide whether the taking of deposit
ions relating to the various trust
funds in Vardaman's possession while
governor of Mississippi, is matter
for the chancery court to determine
1t also places up to the Supreme
court to determine whether the legis
lative investigation into the conting
ent fund of 1910 was final. or wheth
er the issue is judicial or legisla
tive matter or both. The decision
splits somewhat - on the various
phases of the bill, nine tenths Of
which charges that Vardaman misus
ed and misappropriated the various
funds in his possession while COVER
nor, and one tenth relating to the
payment by Vardaman of about 81, ,00(
to a local bank on antedated notes
which was declared by Examiner
Moore to be unearned interest.
In passing on the motion to dis
solve the Injunction. Chancellor Lyel
said that from his view of the case
and the law applied to it, he was o.
the opinion that the stamp of approx
al given by the legislature to the va
rious accounts under fire, was final
He also stated that he believed tha
the court would only have adequate
] jurisdiction in the event the legisla
ture had failed to approve the ac
count, or had given report to thu
EFFECT that the accounts were no
properly made up. x
i Going further into the case, Chanc
ellor Lyell said that he could not se'
! how the state could be injured O
lose anything by having the mex
Legislature, if the Supreme court 81
/ DEGREES, pass a resolution asking th
Attorney General to institute a sui
| against Vardaman to force the &C
i counting for the various funds. Th
I case. ke, said, has precedent by reas
on of the important relation it has t
the state, and he assumed that j
: would be given immediate considers
tion by the higher. tribunal.
Chancellor Lyell did not pass O
the motion to, have the injunctio
.Isuit and the original suit agains
(! vardaman consolidated.
AAfter the decision was given, tn
! court ordered testimony taken to dt
termine what fee should be taxed tn
!. defendant fol, attorneys fees.