The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1912-02-09
ATTORNEY
WOULD DISMISS
VARDAMANsSUIT
ASKS GOVERNOR FOR AUTHORITY
TO DISMISS PROCEEDINGS
INSTITUTED BY NOEL.
DECISION EAGERLY AWAITED
Judge Brame Has Filed An Answer
With Executive Protesting Against
Dismissal of Suit Until Passed on
BY Supreme Court.
DECISION EAGERLY AWAITED

Jackson, Miss, Feb. 9.-Attorney-
General Ross Collins has asked Gov
ernor Brewer for authority to dismiss
the proceedings filed in the Kinds
county chancery court by his predeces-
sor, Attorney-General Hudson, demand
ing an accounting from Ex-Gov. J. K.
Vardaman for certain public trust
funds ALLEGED to have been misused.
misapplied or misappropriated during
his term of office, aggregating about
$4,000.
Governor Brewer has not yet acted
in the matter, and it is generally be-
lieved that he will keep hands off,
and allow the matter to be fought ou@
on it's merits in the courts, notv[th-
standing the anxiety of Attorney Gen.
eral Collins to have the suit dismissed,
as he was instructed to do in the leg
islative resolution generating Mr..
Vardaman.
Gov. Brewer referred the Collins
letter to Judge L. Brame. associate
counsel for the state, employed by
Gov. Noel to assist the Attorney-Gen-
eral in the prosecution of the suit. The
Governors letter, it is understood did
not intimate whether or not he would
grant the request of the Attorney
General, but merely asked Judge
Brame to furnish him with a state
ment of the case.
Judge Brame has replied protesting
very vigorously against the dismissal.
and answering at length the allega-
tions set forth in the letter from At
torney-General Collins, which he as
serts is biased, pre1udiced and utter.
ly unreliable statement Of the case.
showing that the present Attorney
General has no acquaintance whotso'
ever with the merits of the contro
versy,
II Is contended, furthermore, that
there is no legal or moral right fol
Interference with the orderly admin
istration of justice in the chancer,
court of Kinds county; that the CLAIM
filed against Mr.. vardaman shoul,
!, be heard on its merits in the courts
:. and that a tribunal of justice is tn,
9 sole and only place for the prope
adjudication Of such a controversy.
Under existing statutes, a suit o
this character, wherein special coun
sci was retained by the executive de
partment to assist the Attorney Gen
erals office, cannot be dismissed with
out the consent Of the Governor, an,
the entire question is therefore square
ly before Gov. Brewer. In view o
: the fact that the Governor is a law
yer of high attainments, accustome,
# to analyzing problems of law, and ha
n heretofore endeavored TO maintain 1
:. strictly neutral position between tn,
Vardaman and anti-Vardaman 'fac
a tions, his action in this matter is be
e ing eagerly awaited. 5a..-s
r The case has been appealed to tn
G Supreme Court from the decision, q
4 Chancellor Lyell wherein it was hel
that the Governor Of the state is a.
a. countable only to the Legislature fo
Is contingent fund expenditures, and ths
'e the courts have no right of interfe
ence in such matters, Judge Bran
contends that this question should \
= finally determined by the suprer
= Court and that until it is determine
= Governor Breewr should not authors
q a dismissal.