FUNCTIONS OF GENERAL COUNSEL, AND THOSE OF GENERAL ATTORNEY--A SHREWD
LEGAL MIND'S WORTH TO A RAILROAD--THE FUNCTION OF THE CLAIM-AGENT--MEN
AND WOMEN WHO FEIGN INJURY--THE SECRET SERVICE AS AN AID TO THE
CLAIM-AGENT--WAGES OF EMPLOYEES THE GREATEST OF A RAILROAD'S
EXPENDITURES--THE PAY-CAR--THE COMPTROLLER OR AUDITOR--DIVISION OF THE
INCOME FROM THROUGH TICKETS--CLAIMS FOR LOST OR DAMAGED
FREIGHT--PURCHASING-AGENT AND STORE-KEEPER.
At the very elbow of the railroad president stands the general counsel. He
is shrewd, resourceful, diplomatic. He has quick perception and action,
the faith and the loyalty of a friend. In many cases he is a personal
officer of the president--in the highest sense. If there is a change of
administration of the railroad, there is apt to be a change in the office
of the general counsel. If B----, who has been guiding the destinies of
the T. & S., goes to Transcontinental, he is apt to take Y----, his
general counsel along with him. For except in the case of some exquisitely
organized roads like the Pennsylvania, for instance, the general counsel
is in every sense personal to the president. He advises him privately,
urges him to this step, cautions him from that.
On the other hand, the general attorney is more apt to be the legal
officer of the railroad. Like the general counsel he has an old-fashioned
pride in his profession that makes him hesitate at accepting a
vice-presidency; he likes the ring of "general attorney" or "general
counsel" in his own ears. Railroad history and tradition both go to prove
that. He will hardly drop those titles for anything less than that of
president.
The general attorney, unlike the general counsel, in most cases will
make his offices in the railroad's headquarters. He will handle its
litigation, and if in half a dozen years he can bring down its verdict
costs from $1,250,000 to $750,000 for an average twelve month, as one man
did, he will be well worth the large salary that he demands and gets. And
his salary will be only one of many of the heavy expenses of the legal
department. When that functionary asks for money he gets it and without
many questionings. The operating department, the traffic department, the
engineers, may have to give sharp account for their appropriations; the
legal end of the railroad is trusted to accomplish accurate results,
without detailed accounting. In some cases it might prove embarrassing.
* * * * *
You want to know the value of the shrewd and perceptive legal mind to a
big railroad? Here is a case that proves his worth:
Public-domain text, read in full here on John Shaqi.
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