Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1872-07-01
TAX COLLECTOR MCLEAN.

This official has been brought into
conflict with the Grand Jury and the
Criminal Court because, as is alleged, he
refused to exhibit his receipts and vouch-
ers (which he claims to be private pro-
perty) before an ing uisitorial grand jury,
and for which refusal he was committed
to ten days Imprisonment in the county
Jail by Judge Flippin. The committee
of the Tax Payers Association has been
attempting to investigate Mr.. McLean's
books and papers, but that official deemed
their method Of investigation too hyper
critical and curious, and refused to
permit the committee to intermeddle
with what he believed to be his
private papers and affairs. The Grand
Jury has had the Tax Collector books
in possession for the last two weeks,
Mclean defends his action in the fol-
lowing manner: He claims that the
Grand Jury never called for the vouch-
ers; he was never served with any order
of court, and was never advised of its
existence. The reason given by him to
the Criminal Court for not produc-
ing the receipts was, that his chief
clerk, General Williamson, who was
absent, had exclusive charge OIL
such papers. As instructed by his at
torneys, Mr.. Mclean does not believe |
that the Grand Jury has any legal or
constitutional right to inspect or take
from him his receipts, which he claims
to be his private property--but he was
willing to make an exhibit of those pri-
vate papers on the return of his clerk.
He denies being defaulter either to the
State or county, and courts thor
ough investigation of his official con-
duct, as we'll as an examination of his
records. Had Mr. Mclean been Athletic
exhibit his private papers to the Grand
Jury at the time the investigation would
have been at an end; but the contempt
case interviewed, and placed the matter
in complicated light; hence, he is con-
fined in the county jail for not being
able to make these exhibits on the or
der of court, which admits not even of
the delay of one second. On the trial
of the habeas corpus case by Judge
Halsey, that official ruled " that COM
mitment for contempt is not subject
to review in any other court unless
specially authorized by statute, such as
for gross defects, and not even the err
rors of another court can be SO reviewed.
the question OF jurisdiction being the
only issue when the commitment is in due
form. /" This is good law, but charming
nonsense, although Sustained by Hurd and
law writers, from precedents in the Eng
lish system of practice. So far the issue
has been between the authority of the
Criminal Court to demand and the re-
fusal of Mr.. Mclean to accede to de.
mand which he deemed unauthorized BY
law. mo honest man should fear an
investigation, but it is not every honest
man that win accede to demand which
he deems impertinent and an intrusion
on his private affairs; nor should any
man be prejudged guilty because he
stands on a personal point. The Grand
Jury has possession Of the Tax Collec-
tors books. 1t has access to all the
books of the county officers, and can get
all the necessary statements from the
State Comptroller, and this ought to
be sufficient to deyslop any rotten
ness in Denmark or adjacent coun-
try, without an exhibition Of Nc
Leans receipts from Trustee Woodward
for moneys paid over, or receipts given
him By the State Comptroller also for
moneys paid over. We opine the true
question turns on this point. If on 60
ing out of Office Mclean would have to
turn these receipts over to his successor
in Office, then they would Of necessity be
part Of the county records, but if the
receipts are his private property, and
should be kept by him for his protection
hereafter then the court had no right to
make the peremptory order for their
exhibition. Until case is made out
AGAINST the Tax Collector for defalca-
ton in Office or corruption in Office, q
spirit Of fairness would demand a sus-
nension of public opinion even against a
political opponent who is at present
philosophieally enjoying a few days
confinement in Jail ON account Of
technical contempt Of court.