The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1921-10-13

oeen or are liable to be lnjurously
affected, may require the attorney
general to institute and prosecute any
proper action or proceedings for the
redress or prevention thereof.
Employment of Special Counsel.
ID The governor, if in his opinion
the public interest requires such ac-
ton, may employ special counsel in
the following cases:
(a) To assist the attorney general
in any action or proceeding -.
(2) When special counsel is employed
contract in writing shall be entered
into between the state and such coun-
sci in which shall be fixed the com
pensation to be paid such counsel by
the state. The contract shall be exc
cuted in behalf of the state by the
governor, and shall be filed in the Office
of the secretary of state. Such com
pensation shall be charged to the legal
expense appropriation provided in
subsection CD of section zoos, here
inbefore quoted.
Section 1853. Duties of the Attor-
ney General. The attorney general
shall:
() Represent state. Appear for the
state and prosecute or defend all ac-
lions and proceedings, civil or criminal.
in the supreme court, in which the
state is interested or a party, and at
tend to the prosecute or defend all
civil cases sent to any circuit court in
which the state is party; and, when
requested by the governor, :. :. e. ap-
pear fer the state in any court or be-
fore any officer, any cause or matter
civil or criminal in which the state
or the people thereof may be in any
wise interested
AS district attorney I appealed to
the governor for assistance under sec
ton 14.12. Under section 14.53 %
the governor requested the attorney
general to assist me in the matter of
the grand jury proceedings and the in
dlctments returned thereby, and sug-
gested to the attorney general that it
was my desire to have Sir. Walker as
sist as special counsel This the at
torney general declined to do and de-
clined to accept any assistance and
stated to the governor that Mr.. Baker
in the attorney generals department
was available. When the attorney
general declined Mr.. Walkers assist
ance and stated that he had sufficient
help in Mr.. Baker, an assistant attor-
ney general, he of course cut off any
opportunity of any special counsel be-
ing appointed or employed.
Governors Hands Tied"
Any fair minded reader can read
from the above, that if the attorney
general refused assistance and had a
man available for the work for which
social counsel might have been en-
played, that the governors hands were
ment by the governor could attain to
no good purpose if the attorney general
refused special counsel, as he did
Mr.. Morgan did, however. send Mr..
Baker here and he, Judge Clarkson and
| went over the whole situation at the
district attorneys Office and Mr. Baker
rightly concluded that the task was
possible for any one, except Mr..
Walker, to do the job; and informed
! US that he would go back and inform
his superior, the attorney general of
the situation. 1t clearly showed that,
although Mr.. Baker is one of the best
men in the attorney generals office,
he was impotent, by reason of several
months of grand jury Investigations
to assist me in the manner required
in the prosecutions. Mr.. Walker had
entire charge of all such work for
months and by reason of his personal
knowledge of the situation, was the
only man available, notwithstanding
the statement of the attorney gen
eral to the contrary.
Wanted Change in Affairs.
The whole truth as to Mr.. Morgan's
attitude, was revealed by him when
he declared to me that he was inter
ested in legislation to bring about
radical change as to the matter of
special counsel. He stated to me that,
no matter who was the next attorney
general, he would try to get enough
assistants SO that he would not have
to employ special counsel. The fact,
that he refused special counsel, shows
on its face that he, himself, viewed
the law in the same light as the dis
trict attorney, that it was up to the
attorney generals Office to request the
appointment of special counsel before
the employment of such counsel could
be made by the governor. He also
stated to me that if he sought special
counsel in this matter, that it would
throw him in wrong light in seek
ing the change which would do away
with such special counsel.
don't suppose that there is
lawyer or firm of lawyers anywhere,
who have not at times required the en-
ployment of counsel who were partic-
ularly adapted to the matter at hand.
Governor Always Ready.
Let me close with the statement that
the governor has at all times been
ready and willing to employ special
counsel for the attorney general in the
matter before US, but the attorney gen
eral has blocked that purpose by his
refusal to accept such counsel.
That such counsel, if appointed,