The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-12
A STATEMENT
Major A. Nj. Harvey Makes One
on Attorney Fees.
He Was a Hodges Lawyer in
the Contest Case.

| Hodges contest attorneys, today made
| the following statement in regard to
| the filing of a claim with the legisla-
ture Tor attorney fees in that case:
| "On returning after a few days alb
sence from home, I find that there
has been some public discussion of
the fact that a claim for attorneys
| fees in the election cases was present.
ed to the legislative committee.
| Il am quite willing to take the en-
| tire responsibility for the presenting
OF this claim, and to the end that
others may not be unjustly criticised
about 1t, 1 make this explanation.
| Two propositions were involved in
| the matter submitted: First, whether
the service was of such public char
acter that the state might properly
pay it; and second, what amount, if
any, should be paid. 1t is entirely
| proper Tor the state, by legislative
| action, to assume responsibility for
| expenses incurred in matters that are
| or public nature, and the appropri-
alton bills of every session, including
| the present one, show the allowance
OF many claims of this character. OF
| course, the legislature must be the
judge of whether the state should as
sumo the payment of claims that are
not strictly legal liabilities, and each
of such claims must rest upon the
facts and circumstances surrounding
it.
some days after the litigation ter
| minated, Mr.. Martin handed me a check
for $500, saying that he had paid like
amount to Mr.. Doran and to Mr. Dean,
and that this was all the funds which
he had available for that purpose. 1
explained to him that expenses for the
time employed, would just about
amount to the sum represented by the
check given me, and that of course, 1
would be very glad if some arrange
ment could be made, so that an addi-
tional amount might be paid as COM
pensation for my services. He stated
that he had no further resources and
did not like to ask that Governor
Hodges assume the payment of such
fees. 1 agreed with him that this
ought not to be done, since the governor
had been through a long expensive
campaign, and for the further reason
that / considered the controversy as
one of public character, that he
| ought not to be indebted for. At that
time I suggested to Mr.. Martin that
thought the legislature ought to be
| asked to pay attorneys fees for this
service. He said that he did not know
whether it was the proper matter for
the state to assume, but that he would
have no objection if it was finally
found that it was. 1 did not see Gov
ernOr Hodges after the litigation termi-
mated until after he was inaugurated,
and never considered presenting him a
bill for fees. After his Inauguration
and during the first week of the legis-
lature, Mr.. Doran and I called upon Mr.
Martin, and discussed with him the
subject of presenting a claim to the
legislature and told him that we did
not want to do it if the governor took
the position that it was not a proper
claim for the state to pay. He suggested
number of persons to talk with
about it, including Mr.. Stone, who rep
resented Mr.. Capper, and ON the same
day we called upon Governor Hodges
and talked the matter over with him.
The governor was very undecided as
to whether the claim was a proper one
for the state to pay, and after talking
it over a while he said that he would
talk with number of the members
who were familiar with such matters,
and let us know what his idea was
about it. Just after this L was away
from the city for almost a week, and
when I returned Messrs. Doran and
Dean inquired of me whether I had
any further word from the governor as
to what he thought of the matter, and
they suggested that I talk with Mr..
Stone, and his partner, because in
formation had reached them that their
services had also been given volun-
tarily, so far as any obligation of Mr..
Capper was concerned / called Cover
nor Hodges on the telephone and he
told me that he had only talked with
Mr. Martin about the matter, but that
he was going to talk with others in
the legislature, and that he would let
me know what he thought about it as
soon as he reached a conclusion. He
said that he doubted whether it was
advisable, and 1 told him that we did
not want to present the matter if he
concluded it ought not to be presented.
Afterwards the subject was dis
cussed a number of different times by
myself and Messrs. Dean and Doran,
and with Mr.. Stone and his partner.
been so much work involved on the
part of his firm that he had not felt
that it was right to demand proper
compensation from Mr.. Capper, and
that on this account he had only been
paid his expenses He further stated |
that in his judgment the service was
of such public nature that it would
be proper for the state to pay for it, |
but that he would not submit a claim
on his part, nor consent to one being
allowed for him, because of the fact
that he was member of the legisia-
ture, and that he might be criticised
for either voting to allow himself a
fee or in acquieScing in its being done |
He further said that If claim was
presented by me for myself and the |
attorneys working with me, and was
allowed by the committee, he would |
support it upon the floor of the |
house.
After considerable talk of this |
kind, concluded that we were wrong
III lIldI Tie SOfcI jug int
to be called upon to take the respon-
sibility of deciding as to whether the !,
claim was one that ought to be paid !
by the state, and I therefore prepared |
a statement of the matter on behalf |
of myself. Mr.. Doran and Mr.. Dean |
and, after submitting a copy of it to |
Mr.. Dean. and having it signed by |
each of us. 1 filed it with the commit |
tee. At the same time I sent a COPY
of the statement to the governor, tell
ing him what committee it had been
filed with, and suggesting that he con-
fer with the committee if he had con-
Guided to make any recommends ton
about the matter. On the same day it |
was filed, the committee invited me TO