Newspaper Page Text
GOVERNOR TELLS
LEGISLATURE WHY
HE FIRED BROWN.
Long Expected Message
Sent to the General As=
semby Today—Chief Ex=
ectutive Gives Reasons
4 For Removing Brown
M From Office.
Atlanta, Ga., July 20 , Governor
'Hoke Smit h today sent to the state
legislature the following message,
setting, forth his reasons for sum¬
marily dismissing from office last
year Hon. Joseph M. Br Wn, a mem
tbov of tlie Railroad Commission:
“To the Senate and House of Rep¬
resentatives :
“On the 21st of August, 1907, f sus¬
pended Mr. Joseph M. Brown from
Xbe office of railroad commission. In
pursuance of the requirement of law,
T have the honor to report to you the
fact of such suspension and the reas¬
ons therefor.
“First. Prior to August 22, 1906 the
slate of the democratic primary at
which 1 was nominated for governor,
1 reached the conclusion that Mr.
Brown did not, as a railroad commis¬
sioner, properly regard the interests
of the people. His general attitude
and conduct upon the questions aris¬
ing between the railroad companies
ami the people were disapproved by
me and I publicly stated that if elect¬
ed governor 1 would suspend him.
“Second. On June 7, 1907, (Inf rail¬
road commission passed the order re¬
ducing passenger rates in Georgia.
The records of the commission show
that Mr. Brown offered a motion to
adopt, what he termed the zone sys¬
tem of passenger rates. This motion
feceived the support of Mr. Brown
■alone. Thereupon Commissioner Hill
moved t he adoption of tiie new sched¬
ule of passenger rates, and upon the
same being put to a vote Commis¬
sioners Hill and Stevens voted for
/.he new schedule of reduced rates.
“ ‘Upon this motion , 1 1 quote from
the records o7 the railroad com riffs-'*
sion, ‘Commissioner Brown voted
'“NCR” ’
“In connection with his vote he
Bled what is termed ‘a motion by
Joseph M. Brown, commissioner.’
This paper was subsequently printed
in pamphlet form, covering eighty
pages, and after the decision of the
commission was distributed through¬
out the state, in part by Mr, Brown
and in part, as J have been informed,
by the railroad companies. It con¬
tained arguments and statements ad¬
verse to the reduction of passenger
fares as made by the railroad com¬
mission, and also arguments to show
Chat the reduction of freight rates
was not beneficial to the masses of
the people.
“.While I concede the right of any
commissioner to disagree to the ac¬
tion of the majority reducing*. freight
or passenger rate, or fixing an obliga¬
tion upon the railroad companies with
reference to any service they may be
called upon to perform in behalf of
the people, T deny his right to remain
upon the commission and furnish ar¬
guments and evidence for the rail¬
road companies to “at tack the action
of the commission in the courts. J
deny his right to agitate in opposition
to the action of the commission there¬
by encouraging litigation by the rail¬
road companies against the commis¬
sion.
“When the railroad commission
renders a decision upon any subject
favorable to the people either in the
line of reducing passenger or freight
rates, it has been tiie almost uniform
course of the railroads to seek by in¬
junction in the federal courts to pre
vent the action of the commission
ITom being put into effect. The ac
fcion of the commission becomes the
action of the state. When a railroad
company brings a legal procedure to
enjoin the action of the commission,
the commissioners are made parties,
and are called upon to defend what
.the commission has done.
“The attorney general of the state
-and other state officials are also
•sometimes made parties. As the ac¬
tion of the majority of. the commis¬
sioners is the action of the state the
attorney genera! would not publicly
question the wisdom of the majority
of the commissioners. He should
i e their action his loyal support.
.
Even more, eacli one of the commis¬
sioners should support the action of
the majority of the commissioners,
for they in all cases of litigation over
their action are the parties represent¬
ing the state.
“A commissioner whopubiiely dis¬
approves the action of the majority
reducing a freight or passenger rat-,
joins the state’s legal enemies, and
opposes the state in the very work
where he is employed to support the
state.
“Mr. Brown knew when he made
public his motion after the rates were
fixed by the commission that the ac
j tion of the commission would be at¬
tacked in the courts, for representa¬
tives of the railroads had so stated
in Mr. Brown’s presence at the hear¬
ing of the application to have the
rates reduced. „
“ I did not suspend Mr. Brown upon
my inauguration because there were
measures pending before the legisla¬
ture which I deemed of grea t import¬
ance, and I did not wish to place be¬
fore the bodies this additional ques¬
tion, as it would occupy time and
perhaps hinder action upon the
measures to which I have referred.
“The legislature did not pass these
measures until the last hours of the
session. After the adjournment I
was considering the propriety of sus¬
pending Mr. Brown. The time was
near at hand when I knew the com¬
mission would be in litigation with
tlie railroad companies over the pas¬
senger rates which Mr. Brown- had
publicly condemned. With Mr.
Brown left upon the commission we
would have had a representative of
the state who was distributing his
opinion containing matter adverse to
tiie state litigation where hfs office
required him to represent the state.
Tiie advantage to the state of filling
his place with a commissioner who
would support the action of the com¬
mission was obvious.
"Still I hesitated about suspending
him because tire legislature had ad¬
journed, and he could not begiyen an
opportunity to have my decision re¬
viewed until his term of office had
ended.
“Third. On August 20, 1907, I re¬
ceived a communication from Mr.
row 17. Tt was lefJTin my reception
room without explanation. It is nec¬
essary to know the peculiarities con¬
nected with its transmission to
properly understand its meaning. Tt
was sent to my office addressed to
me in a large sealed envelope mark¬
ed ‘personal and confidential’ on the
front of the envelope. The words
‘personal and confidential’ were un¬
derscored three times, and surround¬
ed by four heavy ink lines. Across
the seal of the envelope was written
in large letters this word ‘personal’
underscored five times and boxed in
by four heavy ink lines. The envel¬
ope was one which had belonged to
my former law firm. On the left hand
corner was printed ‘return in five
days to Hoke Smith and H. €. Peep¬
les, Atlanta, Ga.’
“I mention these details as they
show the great care used to bring tiie
envelope to my personal and exclus¬
ive attention, even to the extent of
creating the false impression that it
came from someone connected with
my old law firm.
“Inside the large envelope was an¬
other large sealed envelope. 'This in¬
ner envelope was addressed to me
and marked ‘personal and confident¬
ial,’ these words also being doubly
underscored.
“From these facts it may be seen
how intent was the purpose of the
sender of the envelope that no one
but myself and the sender should
know the contents of the inner en¬
velope.
“Inside the outer envelope was a
letter, of which the following is a
copy:
i " ‘Governor Hoke Smith.
I “‘Dear Sir: During the past cam
paign for the Democratic nomination
for governor you repeatedly referred
to me as a “card-writing
er.” I did write several cards
ing the fallacy of some of the
against the railroad commission
against me individually’: but
was one “card” which I refrained
from writing. Its text could
been the enclosure in the sealed
velope which accompanies this note
Respectfully', etc.
(Signeg) JOSEPH M. BROWN,
“ ‘Atlanta, August 20th, 1907.’
“In the foregoing letter, which I
■ _ ■_ J J——i-JL . . ■ 1 JL_L.JLLSL!
i 0 *
read, Mr. Brown put me on notice
that the inner envelope did not con¬
tain a further communication to
me, but that its contents were the
‘text of a eardVwhieb he had ‘refrain*
edfrom writing’ during the campaign
which I hadjnade for governor. Mr.
Brown had publised many cards,
covering all phases of the railroad
con trover^-. A number of them were
directed at me and were quite offen¬
sive, yet he notified ine that in this
inner sealed envelope he sent me the
‘text’ of a ‘card' which even during
the excitement of the campaign he
had refrained from publishing and
he sbnt'ii in a way to insure that no
one cot/M see it or know of his send¬
ing it but myself.
“Mr. Brown stated that lie refrain¬
ed from writing the ‘card’ tiie ‘text’
of which he sent me in the sealed
envelope. This was equivalent to
saying that he restrained himself
from publishing it and withheld pub¬
lication after considering the pro¬
priety' of publication.
“I was unwilling for Mr. Brown in
this way to force upon my attention
offensive matter which he had re¬
frained from publishing, and, there¬
fore,! did not break the seal of the
inner envelope.
“He knew at the time he sent me
the communication of August 20,1207,
that I \?as considering, if he did not
believe 1 was on the point of order¬
ing his suspension. What was his
object, wien, in seeking to show me
the ‘text’ of a ‘card’ which up to that
time he had ‘refrained’ from pub¬
lishing?
“The inference was that, he desired
me, and me alone, to know the text
of some attack which he had ‘refrain¬
ed’ frofn publishing during the gub¬
ernatorial race, but which, if I sus¬
pended him from office, he would
publish. Conceding that Mr. Brown
was in a^ormai condition mentnMv.
the logical conclusion was that lie
meant to prevent the governor of the
state from following his convictions
in the discharge of his official duty'
by an implied threat to publish some¬
thing offensive to the governor if the
final decision of the governor was ad¬
verse to his, interests.
“This was the construction which
I placed upmi his communication.
couId “Th 4 imV y^*iflbthej|: h 'r>ns.< been .aict ioji given which
e, per aps, to
the communication was that Mr.
Brown, satisfied that he would be
suspended, sought to place an affront
upon tiie governor in connection with
his retirement, and thereby* get be¬
fore the public the offensive matter
contained in the card he had ‘re¬
frained’ from publishing.
“Alter considering the communi¬
cation I determined that all reason
for hesitation was removed.
“On August 21, 1907, I suspended
him from the office of railroad com¬
missioner. I returned the inner en¬
velope with the seal unbroken. At
the same time I sent him the order
for bis suspension.
“The outer envelope with its pecu¬
liarities is in my possession, subject
to your inspection.
HOKE SMITH, Governor.”
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