Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-03-31
The Mayor and the City Attorney In.
terEieWed Ia Regard TO the Ques-
tlOu Of Employing Additional
Counsel.
The Mayor, Guided by the Charter end
the Ordinances, will Do what he
Thinks Best-ActiOu OF the
General Council.
What Br. Hanson Thinks About it
He Does Not Need Assistance, and
Is Opposed TO It's Employment
Etc, Etc, Etc.


the people relative to the recent action
Of the city council in employing two at
tOrneys to prosecute certain cases in
which Memphis il interested, we pre-
sent below the opinion OF City Attorney
Hanson upon the subject. as gained in
an interview by an APPEAL reporter
yesterday:
Question-Do you think there was
any necessity for employing two addi-
tiOnsl attorneys to attend 10 the city's
litigation?
Answer think one man can attend
to all the litigation, for in most OF the
cases there is nothing to be done. For
instance, where a suit is brought upon
coupons, IL is useless to put in defense.
There are not many cases where materi-
81 issues are required TO be made by law
yers. There may be some material liti-
cation in the nayy-yard suit and few
OF the damage cases that require the at
tention Of lawyers. There are not more
than three or four such damage cases.
The multiplicity Of the suits are upon
coupons, but il is useless to defend these,
as the court has ruled that the city has
to pay them. / think the course most
needed is TO avoid the institution OF
such suits.
Q.-How about Happy Hollow suits
A.-When asked by the city council
my opinion upon the proposed destruc-
tiOn OF that locality, stated that the
course TO be pursued would be illegal.
The consequence was that fifteen in
functions and suits were filed in one day,
but the plaintiffs failed in their efforts
because they applied TO the wrong court.
Q.-NOw, as TO the amounts paid the
two attorneys, do you think they will
be able to attend to the suits within the
time for which they are to be engaged
A.-The finance committee reported
in favor of employing one attorney for
nine months at the rate of S444 A per
month. The courts usually adjourn two
months in the summer, and the supreme
court meets in the fall. Most OF the
lawyers attend the supreme court, and,
during their absence, professional cour-
tesy would not permit q cause in which
they are interested to be tried.
Q.-What about the sinking fund
commissioners and their extra attorney,
and why was il deemed necessary to
have special counsel employed
A.-TEeTe are several cases pending
against the sinking fund commissioners,
and they wanted me togo into court and
dissolve the injunctions and resist the
nldHd0HlIS against them. / was can
did enough TO tell them that did not
think the injunctions could be dissolved,
and that we could not successfully re-
sist the HlGaddB1uS, as l held az opinion
averse to the suits, they naturally did
not wish me to conduct the suits.
o. understand that one Of the COM
missioners fear that he may be held in
dividusliy responsible; although this
question has not been raised in the case.
Is what l hear true ?
Q.-Yes; one Of them is fearful upon
this, but do not think he need be. OF
course he, under such circumstances,
was all the more anxious TO have his
own attorney manage the cases, as be
believed the question OF individual
liability might be made an issue
Q.-YouT modesty will not prevent
you answering this question: Do you
think you can attend to all the litigation
in which the city is involved?
Al am satisfied that / can attend
to all OF the cases. No case has ever
been passed or neglected for want Of at
tention on my part.
Q.-Do you think the extra counsel,
the two lawyers, would expedite the
business?
nldnddHlUs cases last Saturday, but as
the lawyer engaged to conduct it was
absent, il had 20 be postponed. / was
ready to try it then, for l endeavor to
expedite business, and when no benefit
is 10 be gained, l try the cases.
Q.-HOw many cases instituted by
former attorneys for the city are now on
the dockets?
Al do not know the number.
There are two or three cases from Nor
gan, began in 1868, and one from Bank
heads time, in 1866. There is one case
filed in 1871, and soon thereafter a de-
murreT, which has never been acted
upon. | sci it down in q batch Of cases
that / tried, but, by some means, the
court overlooked il. More than one
half OF the city's cases were filed during
Mr.. Randolph's term of office, but
many could not be ended during his
term.
Q-What salary did he receive?
A.-The first year he received five
thousand dollars, and the second year
four thousand dollars.
Q-What is your sslaryf
Al get three thousand dollars, hard
ly enough for a lawyer who gives his en-
tire time to the city's business. / have
never given my time to any individual
case when the city needed IL. 1 have q
good partner to whom / turn over my
individual cases. / think IL the city
council would turn its attention to such
acts as would satisfy the people they
were going to do right in cases,
they would prevent many lawsuits.
The Happy Hollow matter and the
manner Of levying the Nicolson pave
ment tax, caused many suits TO be instl-
tuted, when, by proper ordinance, such
would have been prevented. So with
the bond question, which though at the
time one Of financial policy that may
work good in the end, caused many
suits, none of which can be successfully
defended. l did have some hope until
the decision by the supreme court at
Knoxville, iu the case of Johnson coun-
~, | believe, which the legislature au-
thoriZed u issue bonds should, upon an
election held, ascertaining the wish Of
the people to have the same issued. The
bonds were issued without an election
having been held, and the court decided
that the issuance estOpped an election.
WHAT MAYOR LoAGUE WILL DO.
The following interview shows what
Mayor League win do about the matter:
QuestiOn-DO you think the services
OF two lawyers, in addition to the city
attorney, necessary to attend to the liti-
CATION in which the city is involved?
Answer-It was not contemplated to
have two additional attorneys for the
wear. In 1872 an ordinance was passed,
based upon the authority given in the
charter, section s., authorizing board
OF sinking-fund commissioners. The
ordinance provided that they shall in
vest the tax collected as a sinking fund
in the purchase Of bonds not yet mRtured
al the lowest price that such can be pur-
chased. That ordinance seemed to be
At variance with the charter, which pro-
vided that the funds should be for the
sole purpose Of creating a sinking fund
TO be used in retiring the bonds OF the
CITY as the same may become due. The
mstter being presented-in February,
Is74-to the general council, it directed
the city attorney to prepare an ordl-
nance in conformity with the
charter. which was done and
adoDted by that body. The
shaking fund commissioners be-
came dissa tisfied with the provisions OF
the ordin ance, and resigned. Their