The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-04-01

his duty TO the State and Of It's obligations
to its citizens would prevent him from con-
yerting measure aimed at the protection
of the Safe into an engine for the oppres.
sion of its people,
Joint Committees on Finance, Ways and
Means, from the Senate and House, CON
tained provision that the words, "Attor-
ney- General" in this act of 1857 be stricken
| out, and attorneys appointed by the Comp
| trollerr be substituted. The bill has been
| referred by the House. and 50 much ohiec-
| ton and comment Is being directed toward
| this obnoxious innovation that the hope is
entertained that the provision will, ON sec
| ond thought, be repudiated. sub-commit.
tee had the section under consideration, and
the change was favorably reported by n ma
jority of one vote. A Herald reporter was
Informed by Senator Mcdowell that that part
of the section changing the word, "Attor-
| ney-General' TO attorneys appointed by the
| Comptroller" as adopted by the committee,
was In the handwriting of Comptroller Al
len. His desire 20 have the alteration made,
by which the Attoney-Genemls are retired
and his appointccs substituted is said % be
very strong, and that he has taken an active
interest in having the committee so act. His
attitude in the matter is exciting no little
comment.
The antagonism TO the innovation Is very
| pronounced, and that determined effort TO
| prevent its incorporation In the bill To be
again reported Is certain. Under the pro-
visions Of the bill as IL came from the com
mittee the appointees OF the comptroller
were clothed with the entire supervision OF
| delinquent taxes due the State or alleged TO
be due, and the powers originally invested In
| officers of the State are transferred 20 him
The argument Is emphasized that whereas
an attorncy-gcncral would be slow 20 disturb
assessments made In due form Of law, that
| these private attorneys whose fees would be
/ 20 per cent OF all sums recovered, would,
from the nature OF things, have powerful
and unrcgulatod impulse TO attack assess
ments right and left In the hope Of having
them increased, and thus gaining snug fee.
| Every class of citizens, from the poor
est property holder TO the largest cor
| porntion would be exposed TO the
greedy onslaughts OF these agents
there would be no guarantee that any assess
/ ment as reported by the regular officers
would be allowed 20 stand unmolested; n
| heavy conditional fee would be an ever
present and powerful incentive 10 whole
sale and indiscriminate litigation; no man
would be protected from interference. IL IL
true that this system OF esplsonage would
| guarantee 10 the State the recovery OF all It's
dues, for nothing could escape the lynx
eyed tax attorney and his agents under these
conditions; but at the same time the State
would actually offer premium for selfish
| and reckless class TO engage the body Of Citi-
| zcns In litigation without any assurance that
the cause was just or the course justified on
grounds Of public policy That a tax attor.
ney would hesitate 20 attack an assessment
regularly reported II he thought he had the
| slightest chance 10 increase II when, II sue
ccssful, hc would put into his pocket 81 OF
every IS recovered for the State who would
maintain Especially would this be No
when the citizen, even II he defeated the
oupdity Of the attorney, would be without
redress for the unwarmntod interference,
which, too noccSiiatod the employment ol
counsel for defense aud loss Of time from
business and variety Of consequent yexa-
tiOns
The fact that the bill as originally reported
enables the attorney 10 proceed upon infor.
nation Of inadequate assessment or failure
TO assess, furnished by amy person" indie
pendent uf his connection with a legal otilc,
having supervision of thesc matters, for
mally recognizes the opportunity whicl
oven otherwise would u-ise, for the ATTORNEY
to gather about him his hpics and sub-agcnts
b. gather by every means that the hope o
reward could devise some basis Of assault
by suit upon reported assessments. ThI
widespread yoxation aud actual injur,
which would follow the operations ~ suol
an army OF spies and rctaincr throughout
the State can well bo Imagined. That III,
| Legislature will upon serious consideration
diycst State officers of powers whose prOIEi
use means ju.tlcc but whose abuse ncccs
states extended wronra and puts around
these agents no adequate restrictions
thus giving the public no protection from
oppression, the growiuy opposition tu th,
obnoxious clause proposed cannot believe.
II Il cited, by way of parcnthcsis, that I
| IL Illegal for a lawyer 70 accept n cunditionh
fee the reason Of the law bong that publ,
policy demands that tlic body Of citizens b,
protected from such irresponsible and indis
crlminnto litigation NJ would be- WORKED
were lawyers 10 be allowed 10 begin suit
with the barcst of prciexts solely In IN,
hope Of possible reward, their fees being "a
their minds the primo consideration rather
than the substance Of their clients claim.
But In the bill as reported these tar attor
noys were offered a premium Of ~ per cent
for successfully assailing an assessment and
a system Of conditional rewards established
whose operation would inevitably bring a.
widespread and ycxatinus litigation ~ an,
single impulse that could be conceived coul,
create.
Viewing this feature Of the proposed bill
from another standpoint of public polio,
the objection IL made that II would opci
opportunity for the Office ~ comptroller
created solely NJ a financial agency Of th
State, 10 be converted into q powerful polit
ical machine. That one man should b,
clothed with authority 10 dispense such ar
amount Of patronage ~ the appOin imcnt II
every county In the State Of on aitorncl
with such privileges, each the center Of
group Of agents, aud all controlling the ma
ohincry Of the law In W important n matte
ne would be in their jurisdiction, II " urguci
with emphasis would be- dangerous In th
abuses which Il would make easy. tn
point N made that n comptroller who de
sired to pcrpctuntc himself In power woul,
thus be enabled 20 build about him nn arml
Of rotaincr-, bound to him by the closest o
ties, and the primary object ~ bis Office b.
made subscryicnt ~ his political power
n condition utterly al variance with the Oh
iccts Of his official existence and the creaiioi
Of his office. The necessity that Comp
trollcr should become a political nutocm
within u certain area would not follow bu
every opportunity and even strong Undue,
/ mcnta 10 become ono would be- presented
Were such law 30 be passed Compirollc
could transform himself IN bound from
purely economic ngcnt of the ocomm0nwcnlt
. Into political boss 81 the most pronounce
aud powerful stripe. That the State wOul
be the gaincr or the people from such
change few are found y contend.
TUE nftuutgsa HyNpATuy