The Birmingham age-herald., 1911-04-09
JUDGE COLEMAN'Si
 CLAIM ON STATE
Gen. Ferguson Writes Inter- esting Account of Debt
 Incurred During War
To the Editor of The Age-Herald:

0olefndH agalnSt the state TOT ms Sdidiy as circuit judge from March 31, 1862, to
 July 20, 1865, has strange history. The facts are that he was elected circuit judge in 1858. and drew his salary as
 such up to March 31. 1862 month and a half later, on May 16. 1862, he entered the army of the Confederate States as colonel of the Fortieth infantry. In this he served about one year, until i'll health compelled him to resign. At once he resumed his duties as judge, and was | reelected in 1864. He continued in the | office until July 20. 1865, never having | received any portion of his salary after March 31, 1862.
 Soon after the war he applied to Judge Goldthwaite, then circuit judge at Mont gomery. for the writ of mandamus to Mir Chisholm. then the comptroller of | the state, to compel him 10 issue war rant on the treasury for all of the un- paid salary. Judge Goldthwaite granted
 the writ, but Comptroller Chisholm ap-
 pealed to the supreme court. and the
 decision there was substantially against
 Judge Coleman's right to the money. The | opinion was delivered by Chief Justice Peck and can be found in 43 Alabama,
 204.
 l While the supreme court sustained tho
 comptroller generally. 1t gave Judge
 Coleman a judgment for his salary as circuit judge from March 31 1862, to | May IS. 1862, one month and a half, or
 about s312 That judgment still stands
 on the records of the supreme court, and
 has never been collected. Could his exec
 utor collect 1t now? Does that judg- ment settle the contention between Judge Coleman and the state?
 These are interesting law questions,
 but address themselves to the parties
 in interest only.
 Tn 1S96 I think, the legislature passed
 a bill for the relief of Judge Coleman.
 allowing him his entire salary for the
 period above mentioned; thus disregard
 ing the judgment of the supreme court
 Governor Johnston vetoed this bill and
 it failed to become law.
 In his last will Judge Coleman be- queathed to the. state a magnificent oil portrait of Jefferson Davis, perhaps, the
 best extant. provided the state would pay to his heirs the full amount of his
 salary as circuit judge. At the present
 session of the legislature, a bill for tha. l purpose was passed by the house Of l representatives, but was defeated in the
 senate, and in this condition the claim
 stands today:
 1 It is part of the history of those days, that when Hon. Thomas H. Watts became governor in 1863 he appealed to
 all the state officers to refrain fro,a
 collecting their salaries in order that the
 money thus kept in the treasury (Confed-
 crate States bills) might be used to SUD- l port the indigent wives and children of Confederate soldiers then in the army.
 Governor Watts set the example and did
 not draw dollar of pay during the l two years he continued in office. 1 It is a fact given me by Judge Cole
 man that he followed the precept and example of the governor and thus brought about the condition above mar rated.
 | The case presents several legal ques- tions. First, did the acceptance of the colonelcy by Judge Coleman vacate his office as judge? If this Is answered in the affirmative he cou.d not rightly claim salary as judge from May Is, 1882, up to this second election in 1864. sa r3
 Second, when he was elected in 1864.
 the state was at war With the United States. Is the present state govern
 mont the legal successor of the Ala bama of the war period aand therefore l liable for its debts? In the decision above referred to the supreme court | held that 1t Is not; but did allow the judge pay as before stated.
 If these legal propositions are de- termined against the claim is there a
 moral view that could be invoked in favor of Judge Coleman? Whatever may | have been the states legal status dur | ing the war its people now are, in the
 main. descendants of its people during | the war time. Judge, Coleman rendered service to the people or that day and | postponed the collection of his com pensation at the request of the then governor in order that the poor wom- en and children of the state might have bread The money he could have then collected was used to feed these worthy people. He did not donate his salary. but only consented to postponement
 of pay day for this benevolent purpose. These being the facts, is there not moral obligation on Alabama to pay | him now? Would 1t not be entirely l equitable and just to accept the prop
 osition made by him in his last will | and testament? Future generations, if not the present. will answer.
 The fourteenth amendment to the constitution of the United States for | bids any state to pay any debt or ob- l ligation incurred in aid of the Confed- crate states in Its war against the United States; but in spite of 1t we pay our veterans moderate pension year after year, and no taxpayer has ever expressed the slightest objection to 1t. Even the people of the north
 say 1t fs but right that we should do
 so. and many of them are in favor of placing Confederate veterans on the United pension roll. | From a moral or patriotic point of view is 1t not as just and fair to pay
 the civil officers who served without
 pay during the war as 1t Is to pen sion the soldiers? }a fs I hold no brief for Judge Colemans heirs. but being familiar with the facts on which his claim etaoshrdlunununu init them with the questions they raise
 to the candid judgment of Alabamians
 It Is but just to the family of Judge Coleman to state that not one of them
 is aware of any intention to publish this article or that l have written it.
 It Is given to the public at the request
 of several gentlemen who, during his | life, were personal friends of the judge
 and who like myself, desire that the whole truth of the matter be made known. If there are other facts relat- 1 ing to 1t they have not come to my
 knowledge. Very respectfully. | F. s. FERGUSON
 Birmingham. March 8. 1911.