Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1876-02-03
LETTER FROM ATTORNEY aBS.
ERAL WEIGHT.


Under the heading IAN Important
Lawsuit" you give in your issue OF last
Monday what purports to De q statement
Of facts concerning q large number OF
motions made against P. d. Boyle, late
Clerk of the Second Circuit Court Tor
failure to enroll the same, as required oy
law. and growing out OF them motions
made BY myself against Shelby county
for fees agvregating $3.50. Your &C
count is both incomplete and inaccurate
in several important particulars, and
tends 10 produce q false impression upon
the public mind. AT the same time there
is an attempt At fairness and accuracy
in such marked contrast With some other
publications on the subject that | am
satisfied you viii give this a place in
our columns. The bulk Of Boyle's de-
iin~ouencies occurred during the years
1871, 1872 aud 1873. and we're not dis
covered BY me until the summer OF 1874.
The statute quoted BY yen makee It the
District Attorneys duty during each
term to examine the records Of the va
rious courts in his district to see II en-.
roIlments have been properly made, and
il not, prescribes be shall make motions
against the delinquents. and is entitled
to a tax fee Of s. in each case. The in
Quiry naturally arises, Did the District
Attorney make such inspection Of
the records OF the Second Circuit
Court and il so, why did he not
discover Boyle's non. performances OF
duty and proceed against him and have
him do the work or remove him from
office before 50 startling q number OF de-
li~uouencies had occurrsdg My answer
to this is, l did not during said years
1871, ~ and 70, appear in the Second
Circuit Court officially, and did not ex'
anime the records to see it the eursll-
ments we're up. nor for any other pur-
pose. The explanation Of this seeming
neglect Of duty is this; The act Of
creating the courts OF Shelby county
rave the Bartlett Court and Criminal
Court ~concsrrent jurisdiction over the
entire county. When | entered upon
my duty as Attorney General Of the lat.
ter court ! examined the records Of all
the courts in the city, The Attorney
General Of the Bartlett Court called
upon me soou after and suggested that
il was as much his right and duty as
mine to attend to any State business
arising in the courts, and therefore that
there should be q division Of the courts.
To this | assented, and be took charge
of the Second Circuit (of which Boyle
was clerk, the Second Chancery and
Probate Courts, and | OF the others.
From that time no attention was paid
by me to those courts until some time in
1874. Judge Halsey, IS / nov recall it,
asked me TO examine the records OF his
court, but the omissions TO enroll were
not then discovered, owing TO the clever
device Of Boyle, which you have
already explained. Some months there
after the whole delinquency was
exposed, and it was ascettaiEed that,
though in the large majority
Of the cases to be enrolled in 1874 be had
complied with the law, in the years pre-
ceding be had hardly enrolled q case.
When it WAS ascertained how matters
stood | called Mr.. Boyle's attention to
his negligence and insisted on his going
to work to repair it. which he promised
to'do. Isent word repeatedly to him to
comply with his promise or / would be
compelled to move against him, and
waited on him for months, and having
had my attention called to the condition
of the records by Judge Halsey, through
| Mr.. Campbell, / made the motions and
took judgment against Boyle. No judg.
ment was taken against the s%ureties Of
Boyle as you stated, not, however, be-
cause Of their insolvency, but because
the Supreme Court had decided tina, no
judgment by molten under these pro-
ceedinEs could be taken against them,
but that a suit must be brought in the
ordinary way As | understand it, no
steps could be taken against them until
the liability Of Boyle, their principal,
was fixed. An execution against him
was issued and returned "nulls bona"
and t~hereupou Mr.. Campbell. as he had
an ~undoubted right to do, asked tor and
obtained judgment over against the
county for his fees. and also entered up
in the usual form judgment in my favor
for the full amount OF my fees. When
my attention was called to this !
had the same set aside 80 fsl
as | vas concerned and notified
the chairman Of the County Court OF the
status OF the cases. AT the same time
informed him hat whilst technically my
duty was at an end and my right 10
judgment over against the county ther
existed. yet / was not inclined then L
claim it and proposed to him to proceed
against Boyle's sureties, who we're ther
perfectly solvent, and il possible max,
the money ont Of them, and in the even.
they should become insOlyent peHdinJ
the suit. | would claim from the county
one-hslf my fees, otherwise | would lool
for compensation solely to the fruits o
the litigation. 1t will be observed thei
then %solvency wal guaranteed, and ais,
success, for in the event OF failure tn
county vas to pay nothing. Etquirl
Holman agreed to submit, at my request
my proposition TO the County Attorney
On the succeeding day be informe,
me substantially be could not agree Il
my terms, although inclined to do SO, q
be had been notified by Mr.. Minor MerI
wether, President Of the Citizens Pre-
t%ective Union. that be proposed to cor
! test my claim. | then withdrew a
propositions OF settlement and made III
motions against the county, With th
. vieS Of having my rights in the premise
determined before talking OF comprC
mise. This is 3 history OF the Who'll
e matter in brief, and | an perfectly vii
ing to leave its legal phase in the hand
4 OF the court and the correctness sn
propriety Of my action 70 the candi
. criticism Of the public. The acts {
D every official are public property, and b
has no right TO object to any legitimst
commentary %thereupon; but he has
right to demand that he be not miscor
strued and misrepreseated. | feel tbs
: | have simply performed an importaI
] duty and had | failed to do what ht
' been done, could With some show OF pr,
priety been blamed, indeed. could ha,