John Hessin Clarke

“ The motion to dismiss came on for hearing on October 20th, but the court deferred consideration of it until the next day, and caused a telegram to be sent to the attorney general in order that he might have full opportunity to be present and be heard, but he did not appear in person or by representative, and thereupon the court heard the evidence and 'ordered, adjudged, and decreed that said compromise' . . . 'be and the same is recognized by this court as having the effect of the thing adjudged and as settling all the issues in this case,' and dismissed the suit. ”

“ Even in his protest to the district court against the settlement, the attorney general appeared 'as attorney of record for the complainant,' the levee board, and it was long after term, and not until six months, lacking sixteen days, after the decree of the district court approving the settlement had been entered, that he left off the character of solicitor for the board, and, appearing for the state, petitioned for leave for it to intervene and appeal from the decision affirming the settlement approved by his former client. ”

“ It cannot escape notice that there is no allegation contained in any paper filed by the attorney general that the levee board, in compromising the controversy and suit, did not act in perfect good faith, nor is there any challenge of the character or competency of the members of the board. ”