The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-01-15

| prices then prevailing by reason Of the
/ financial troubles then existing all over
/ the country"
At the Chattanooga meeting DR.. r. A.
| McFerrln, of Oliver Springs, said "The
lepal lands recently purchased by the
| fFate OF Tennessee for the sum of
| $SO,0OO have been carefully examined,
and are, without any doubt, fully worth
| HO0,000
The coal on the property had been
proved to be of superior quality; that
itWaS easily worked, in close proximity
70 transpOl taUiOn facilities, and there
! was an ineXhaustible supply"
The gravamen of the complaint of
these mine owners and operators is that
the State, by its fortunate purchase, is in
condition to and will prevent monopo-
~ by this combine of milliOnaires at
home and abroad, and will see that their
| SW,0OO,0OO investment shall not be used
as an instrument of oppression in the
sale OF coal at unreasonable and eXtor-
| tionate figures. In other words, the
state is now able to keep coal at reason
| ahle, fair and remunerative prices, and
WI not be cajoled into oppressive ways
Of Speculation.
tn the short time since the termina-
ton of the lease, the contrast between
the mental, physical and sanitary con-
dinon of prisoners then and pow is so
great as to make it certain that the pres
ent policy is the true one, and humanity
demands its continuation. A return to
the leasing law would be, after the ex-
perience we have had, cruel in the ex-
| treme.
The State should be satisfied if the
institution is self-supporting, and of
this there is now no doubt.
Attorneys Fees.
In obedience to joint resolution No.
p, acts of 1895, p. 40S, Iappointed Messrs.
j. J. Vertrees, ID. NJ. Scales and --
Hickey, attorneys, to get up the neces-
sary testimony and prosecute the claims
against the Government of the United
States. | refer to the resolution for its
aXact purpose.
These attorneys have done much
work in the preparation of the case.
Messrs. Scales and Hickey have spent
much time and bestowed much labor in
Investigating records at Washington,
while Mr.. Vertrees has done the same
in Nashville.
They gathered and compiled all
record evidence bearing upon the points
! involved, and now have it in convenient
form for use so that it can be preserved
and readily used at any time. They
have procured a resolution of Congress
TO the end that settlement may be
had.
BY the terms of resolution No. %,
"the compensation for the services of
said attorneys shall be left to the ap.
proval of the next General Assem- bly,"
IrecommeDd that a committee be ap-
pointed to inquire and report what com
4 peti4elion shall be paid said attorneys,
and that the amount be paid to them.
In November, 1895, a controversy arose
between the State Board of Assessors
and Equalizers and the Board of EX-
aminers as to the duties of the former
and the rights of the latter to demand
of it tn take additional evidence, and to
require the filling of proper schedules by
various railroads in order that the
Board of Examiners might have the
data fixed by law for its consideration
and the proper discharge of its duties in
the examination of assessments by the
Board of Assessors.
The Attorney General was requested
by the Examiners to come to the
Capitol and give his opinion in the mat
ter. He replied that he could not leave
the Knoxville court.
On the 18th of November he addressed
a letter to the Examiners in answer to
their request that he should, in bis
official capacity, institute proceedings
Comptroller and the State Board of Tax
Assessors to reopen the matter, hear ad-
ditiOnal evidence and make and return
assessments of the various railroads
He refers to an opinion recently de-
lYered" (tO the AssesSOrs), and SAYS
ain that opinion | determined, after
careful consideration, that the Board of
Examiners had exceeded their powers
in making sweeping order setting
aside the assessments of the railroads of
the State, and undertaking to remand
the matter to the Board of Assessors for
further proof and re-asSessments after
the board had completed its work and
the time for making the assessmeut had
EXPIRED after much argument.
He COnfesSes "SOme surprise that
your board should find so much diff.
Guilty in adapting its action to this long
prevailing practice approved by the
States legal adviser" AS to the last
expression, it is enough to say that
some members of the Board of Exam.
liners had had such experience with the
opinions of the Estates legal adviser" as
to make them think he was not abso.
lutely infallible.
He concludes: obligation over this
matter, if had at all, must be brought
without my consent or concurrence,
either in the institution OF the suits ol
the employment of counsel of the ex
pense of the State"
This was gratuitOus, as his consent
was not necessary to the suit, as decided
by the courts over his instance to the
contrary, nor had he been asked about
fees to counsel.
In his first opinion to the Board of
Assessors and EGualizers, he said: at
Is not denied that the records of assess
ment submitted by the Board of Asses
sOrs for the action of the Board of Ex
aminers were in material respects i'm
perfect Some ofthe railroads hau not
furnished schedules at all, and others
had furnished imperfect schedules that
were not properly verified.
"ln other respects the evidence re
quired by the statute had been omitted
from the record.
"The condition of the record, as shown
by papers submitted to me, justified the
complaint of the Examiners, and such
efforts on their part, as they NIGH
legally resort to to obtain a more per
feet record"
Notwithstanding these fatal objec
tiOns, as seen by the Attorney General
he advised that there was no relief.
Nevertheless, the Board of Examiners
enter tanning a different opinion, anC
believing the law imposed on them re
sponsible duties, and that it was theil
right to have such evidences as the Law
declared should be furnished by the
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