The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1913-12-22
Attorney General Brickell
Gave Adverse Opinion on
Payment Last August
DIFFERENT VIEWS
ARE HELD BY OTHERS
On Final Decision Rests Future Pleas
ures of Governors Staff-Much
Regret Felt that Difference
Has Arisen
BY HUGH w. RosERTs

by w. ROSHHHs
At the request of Brooks Smith. state
auditor, the attorney general. Robert c.
Brickel has entered suit to recover GER
tain moneys expended by the common
wealth in sending the military staff of
the governor to the inaugural ceremonies
of President Wilson.
Announcement to this effect was con-
tanned in The Age-Herald of Sunday.
The legal controversy based on the
mooted question as to whether or not the
state can legally pay for the 10y
rides of the colonies of the governors
staff. has been in state of existence
for many months. As a matter of fact,
the attorney general rendered decision
of the colonies expenses was an illegal
transaction. But for doubt in the strength
of the attorney generals opinion, suit
against the colonies would have been en-
tered months ago
When the attorney general, August %.
informed Mr. Smith that the expenses of
the colonies had been paid without war
rant of law, Mr.. Smith consulted prom
inent Montgomery attorney. This attor-
ney declared that in his opinion the
opinion of the attorney general was un-
sound For that reason, Mr.. Smith de-
clined to su-until Saturday.
More Time Requested
Last Thursday, a staff correspondent
of The Age-Herald while a visitor to
Montgomery inquired of Mr. Smith con-
corning the probable date on which he
would enter suit. Mr.. Smith replied that
he was not altogether certain that the
attorney generals opinion could be up
held and intmated that on that account
he would not sue; although he was very
emphatic in stating that he would be
governed by future developments. He
furnished all correspondence relating to
the subject. and then requested that the
matter remain unpublished for a few
days longer.
At this time ]. T. German, one of the
public accountants, is checking up the
books of the auditors office. In view
of the opinion of the attorney general,
there is every reason to believe that the
examiner will report a technical irregu-
larity in the books of the auditors de-
partment to the amount of the expenses
of the colonies to the Inauguration. 1t is
presumed that for that reason Mr.. Smith
determined to sue, in order that ire
spective of the result of the suit, he
would be placed before all people in
the clear.
While the general impression is that
the colonies will win the suit the strug-
gle will be a momentous one, and one
freighted to the guards with interest-of
a quasi-serious nature.
Great Minds Differ
The governor approved the expense ac-
counts of his colonies.
In part section 43 of an act of 1911
provides: Amy officer or enlisted man
travelling in obedience to the orders
of the governor shall be paid all ac-
tual expenses incurred in the perform
ance of such duty"
The Montgomery attorney to whom
Auditor Smith referred this matter de-
clared that that section was so broad
that in his opinion, the auditor would be
upheld for having honored the warrants
approved by the governor. He declared
in effect that according to the letter.
not necessarily the spirit--of the law, the
state would be required to pay the ex-
penses of the staff whenever the staff
moved at the direction of the governor
whether the reason for so moving was a
matter of moment, or a matter of pleas
ure.
But the attorney general does not
agree. In his opinion of August 25
he writes: 81 beg to advise you that
/ can find no authority of law what
soever which would justify or author
ize the payment of this account
And in another paragraph making
his position even stronger. he adds:
Il am therefore, of the opinion-and
so advise you-that this account Is not
a legal demand upon the state treas
urer.''
Some Pleasant Memories
While there is nothing save the most.
friendly spirit existing between the prn-s
cipals in the controversy, the legal tam
gle Is considered matter of grave I'M
portance. On the decision depends. in
all probability, the future pleasures of
the governors staff. For 1t is safe 10
presume that it would~be an unweldly
procedure to secure legislative enactment
through special bills authorizing the gov
ernor to go at uncertain periods with
his military family to the scene of a
slaughter or the scene of ceremonial.
For certain sentimental reasons, there
is regret almost universal that the dir
ferences have arisen. For there is no
question but that the governor, on his
prancing steed, and his staff with its
golden chevrons and purple linen,
mounted on the choicest Arab chargers,
made a fine impression, and reflected
untold credit on the martial spirit and
horsemanship of this state. AS a matter
of fact. 1t was freely stated by patriotic
Alabamians, who awe-struck. beheld the
governor and the colonies pass riding
several miles to the rear of the newly
inaugurated President, that with the ex-
oepton of Mr.. Wilson and Mr.. Bryan,
and Mr.. Suzer, himself late governor,
the executive of this state received more
applause than any other Of those who in
that galaxy of mounted stars resplend-
emily shone.
The Discordant Note
In full the opinion of the attorney
general, the opinion which has married
the pleasant memories of that festive
January occasion, follows
Hon. C. B. Smith, State Auditor,
Capitol--Dear Sir:
your letter requesting me to ad-
wise you as to whether you had
right, as state auditor, to draw a
warrant on the state treasury in ia
vor of Col. G. w. Covinston for 1856
as expenses for attening the inaugu-
ration of President Wilson, as member
of the staff of the governor of Ala
bama, said expense account being APP
proved by the adjutant general and
by the governor. received.
"In reply, beg to advise you that
+ can find no authority of law what
soever which would Justify or au-
thorize the payment OF this account.
II am, therefore. of the opinion
and so advise you-that this account
is NOT a legal demand Ilpon the state