Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-08-21
HOWARD OFFERED
To SPLIT THE FEES,
LATHAM CHARGES
Atlanta Lawyer Issues States
ment, to Place Whole Mat
ter Before Bar Association,
He Declares


an alleged financial barter in
volving the office of solicitor gener-
al Of the Atlanta judicial circuit and
a race for the United States senate,
Edgar Latham, well-known Atlanta
attorney, in a sensational statement
Saturday afternoon, attributed his
failure to receive the appointment tn
the new Fulton superior court
judgship. created by act of the 1923
legislature.
EIr. Latham charges that Judge
G.. H. Howard, appointed to the
judgeship by Governor Walker, made
him a proposition recently whereby
Judge Howard said he would have
the governor appoint Solicitor John
A. Boyl1in as judge, and secure<my
Natham's) appointment as solicitor.
in the event 1 would agree to divide
with him the fees of the office"
Mr.. Latham further charged that
Judge Howard "endeavored to JUST
fly this proposition by stating he
needed this income to finance his
race against United States Senator
Walter f. George in 1926"
According to Mr.. Latham, he flat
iy refused this proposition and there
by incurred the enmity of Judge
Howard. He. said he placed all the
facts before the governor before the
appointment was made, and told the
governor he did not feel that Judge
Howard was "a fit subject" to hold
the office of superior court judge.
Judge Towards Reply
Judge Howardf, when told of the
charges made by Mr.. Latham, issued
this statement:
at do not feel that it is appropriate
for a superior court judge to engage
in a newspaper controversy. The
race is over now, and no comment
from me is necessary. If Mr.. La
than wants to make his charges 10
the bar association or lay them be
fore some court or tribunal, he has
that right"
Mr.. Latham charged in his state
ment that he laid the full fahS in
the case before the governor; that
he presented Endorsements from
practically all the lawyers at the At
lanta bar, and that his statement
was made for the purpose of show
ing the real conditions under which
the practically unanimous lndorse-
ment of the bar in my favor has
been ignored and overridden."
Governor Walker would not dis
cuss the affair with reporters, other
than to say that he had named one
of his loyal friends to the judgeshio
and that his appointee was fully
qualified to hold the office.
The executive leg the inference
that he investigated Mir. Latham's
charges before making the appoint.
ment. Judge Howard was the gov
ernOr'S campaign manager in his
race against Governor Hardwlci last
year.
Wide Interest Shown
Mr.. Latham further asserted that
he appealed to the governor before
the appointment was made to let
him confront Judge Howard and
make his charges, but that his prop
osition was declined.
While he did not say so IN his
statement, Mr.. Latham indicated
that he would not allow the matter
to be dropped but would take his
charges before the Atlanta Bas AS
ISOLATION.
The affair. has stirred statewide
interest and the next developments
are being eagerly awaited in all
quarters. Judge Howard was sworn
in Saturday and will take his seat
on the bench Monday.
Here rs Mr.. Latham's full state
ment:
LAS d lifelong friend and political
friend of Govern Walker, L had
received assurances sufficient to
satisfy me and my friends that if
the bill creating an additional judge
Of Fulton superior court should be
passed, [ would receive the appoint
ment as judge.
When the legislature convened.
Judge G. III. Howard, who had man.
aged Governor Walkers CANT align,
arranged a conference with me, and
Immediately preached the subjec,
of tits appOin ment
Judge Howard suggested plan
under which he would have the gov
ernor appoint Solicitor John A. Boy
kin to be judge, and secure my APP
pointment as solicitor general. Judge
Howard stressed the fact that the
judicial salary was small, whereas
the fees of the solicitor general
were large, or, to use his expression,
three times as big as the judges
salary
Fee Division Asked
He stated that he could make
the governor carry out his plan,
but would do so only in the event I
would agree to divide with him
Judge Howard the large fees to be
earned from the office of solicitor
general.
He endeavored to justify his
proposition by The statement that
1t Was his purpose 20 enter the race
Tor United States senate, to beat
w. F. George, and that he
would need this income to finance
his campaign.
He stated that he had no idea
OF deVotlng any part of his time 10
the discharge of the duties of thu
Office II the arrangement was made
but that he could have it carried
into effect by designating a nominal.
representative to act in his place.
promptly declined the PROPOSE
ton, because l had no ambition to
become solicitor general, and be-
cause [ had received the practically
Endorsement of the At
lanta bar for the judgeship, and be-
cause L was unwilling to become a
party to any financial barter that
would dishonor my commission if APP
pointed hereunder.
Support Withdrawn
when 1 fatty rejected Judge
proposal, he informed me
that L would no longer have the
benefit Of his support and could not
be appointed judge without it, and
that If necessary to secure INV de-
feat. he would demand the appoint
ment for himself and would obtain
t.
81 replied that he WouLd have tn