New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-08-21
A Legal squabble.

4 We regret to perceive that those amiabIe gen
tlemen, the City Attorney and the Assistant City
Attorney, have gotten by the ears about a mat
ter of no greater Importance than illegal ex-
actions from the public and per centum COM
missions on imaginary sums. As we don't often
meet with such an absurdity as one official COM
planning Of another because he takes the most
ready and profitable method Of transacting the
business wherewith he is entrusted, this charge
and retort and reiteration have something about
them rather novel and refreshing.
The City Attorney addresses letter to the
Finance Committee, stating that in cases where
fines for not taking out licenses had been i'm
posed of less than the utmost amount fixed by
law, the Assistant had charged his commission
Of FIVE per cent upon the whole amount pre-
cisely the same as if it had been collected and
this the Attorney declares illegal and unjust
To this the Assistant replies in substance ;
Mind your own business; the Corporation don't
employ you to attend to mine, nor to give me
gratuitous advice; and then he addresses the
honorable Committee a somewhat lengthy and
ingenious argument in defence Of himself, and
TO show that the acts complained Of were all
right SO far as he was concerned The Assis-
tant claims the right, from precedent and other
grounds, Of compromising suits brought to re-
cover fines for infractions of the license law by
receiving payment Of the minimum fine, the
costs Of court, and his own commission of five
per cent. upon the greatest amount which the
law imposes for the offence.
This position we think is not tenable That
the power to compromise these suits in the man
proper authorities we have no doubt, but it GER
tainly is not placed in his hands by virtue of
his Office. And it seems absurd to claim
that he can receive commission upon fine
which has been RENTED, when the law ex-
pressly declares that this commission shall be
upon the " amount of all fines and penalties
collected by him" The act approved April Is,
1858, provides g that, on the first Monday Of
May in each year, the Treasurer shall hand
over to the Assistant City Attorney all unpaid
tax bills for collection. 1t provides that there
shall be added to the amount of each unpaid
tax bill a commission Of five per cent on the
amount Of the bill, which commission shall be
paid by the defaulting tax payer, and shall be
received by said Assistant City Attorney in full
compensation for his services, and no other fees
nor emoluments shall be allowed to the said
Assistant City Attorney, except o commission
of five per cent. on the amount Of all fines and
penalties collected by him."
Now we ask what construction can be placed
upon this clause to make ii extend commissions
to fines never collected. If the compensation of
the Assistant is q regular stated fee, what is
meant by :" a commission of five per cent?
The words, in that case, signify nothing It is
o plain case that if the suits be compromised,
commission can only be claimed upon the amount
actually collected. Where would be the Justice
or fairness Of an invariable compromise of these
suits, without regard to their respective meritsi
And would it be in accordance with the policy
indicated by the provision, which evidently of
fers the commission as an inducement for the
faithful and full discharge of the Assistants
duties What becomes of his disinterestedness
in causing these fines to be RENTED when we
find that his fee is the same for recovering ten
dollars that it is for recovering one hundred
The effect Of such an arrangement would GER
tainly be directly the opposite of that intended
by the law, for it would operate as an induce
ment for the Assistant to overlook rather than
punish offenses
Where these fines are collected, the commits
sion certainly comes from the amount assessed,
and is not added thereto. Suppose Judgment
should be rendered for the full amount Of the
penalty imposed by law, could the commission
be added to the amount assessed Ifit were, it
is very certain that the city would recover any
amount not provided for by the law
The principal question involved in the matter,
whether the Assistant has the right to charge
commissions upon amounts never collected, we
think very easy Of solution.