Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1874-08-01

Court cannot release the Judge from
the discharge of this dnty, nor impose
it on the Trustee. But Judge Tyler
weakens so far on the subject as to say
that he will authorize one of his at
torneys to write to Judge Nicholson
for his opinion, and he viii abide by
it. Judge Nicholson win hardly de-
eide an important legal question upon
a one-sided presentation of the case
BY letter I repeat, that If / am elect
ed, I viii insist that Judge Tyler shall
refund what he has received in excess
of his salary, and if he declines to do
SO, will test the question before the
courts in a regular way and thus have
the matter settled.
Judge Tyler seeks to defend his acts
on the ground that this compensation
was received by his predecessors. In
reply to this l would say, that they
were entitiedto it up to the time of the
passage of the act of 1870, for until
that time they had no fired salary as
the Judge now has, and it was the duty
of the County Court to fix it,. Bat he
says / have been Administrator of
Judge King for some time and ought
to have accounted for the commission
received by him.. Is Judge Tyler so
poor lawyer as not to know that it is
the sworn duty of an Administrator to
defend and protect the estate he rep
resents, and that / could not, with
any show of proprieiy, bring suits
against the estate | represent? Be
sides, is not Judge Tyler the financial
agent of the county, and paid 81, 500
per annum to attend to the county's
interest, and receiving seven or eight
hundred dollars in extras; besides, was
it not his duty to protect the interests
of the county, He employs counsel
to bring other law suits, could he not
have employed them to bring one
against me as we'll, if the duty was un-
pleasant to him? Again, he seeks to
avoid responsibility in the matter by
asserting that the Magistrates of the
county did it. This position is not
tenable. The Judge is required to be
man learned in the law, and is 1.-THE
legal adviser of the County Court, and
they are justified in acting on his legal
advice They are in no way response
bic for this error of law But Judge
Tyler, who refused to take any respoa-
sibiiity, as he says in his card, and who
sent an attorney to advise the County
Court for him. is alone responsible.
am informed that the law was not
even read to the County Court: that
they were not left to judge of the mat
ter; that the County Judge gave. them
no opinion, but that an attorney was
called in, who, if he is the attorney for /
the county, gave strange advice for
one representing the county's interest
In conclusion, have to say to the \
voters and taxpayers of Montgomery
county, who l believe possess intelli- |
gence enough to understand and draw
proper conclusions, address myself
to you, and ask you to read the plain
paragraphs of law above quoted, which
/ think applicable to the subject, and
judge for yourselves. Yea need not
be instructed by Judge Tyler, his at
torneys, electors, nor any one else |
could submit to you the opinions of
other members Of the legal fraternity,
whose opinions are entitled to as much
weight as those of the gentlemen in
troduced by Judge Tyler to sustain my
position, but | do not desire to drag
them before the public to express opin-
ions on questions involved in county
canvass, nor do they desire it. | ask
you to read these plain propositions of
law and decide whether you are willing
to give Judge Tyler about three thous-
and dollars of the county money, (the
amount of this extra pay for four years.
together with the seven or eight hun
dred dollars already received in addi-
lion to what he is entitled to by law.
You have the right to do so, and
if you so decide | shall not com
plain. But if you are opposed to
this, and shall elect me, | promise to |
discharge the duties of the Office with
out fear or favor to any one and to
receive as compensation in full the
salary fixed by law There shall be |
no questions as to whether / am en-
titled TO 2 per cent. or 3 per cent, or
any other per cent, as | hold that the
Judge is entitled to nothing for his |
services besides his salary.
Very respectfully,
H. G. MERRITT.
July Both, 1874. ..
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