The Montgomery advertiser., 1903-06-05
WILL SUE A LAWYER
STATE HAS CLAIM AGAINST MIR,
 MACDONALD.
Charged That He is Unjustly Hold ing Amount of Judgment i. Secured Against Tulane
 Estate for Taxes.

Litigation between the State of Ala bama and Gordon Macdonald, a well known lawyer of Montgomery over the T.50o collected in the famous Kidd Back Tax case Is pending in the City Court of Montgomery.
 The total amount collected from the Kidd property, upwards of s7,5O0 is in the possession of Mir. Macdonald and the State oficials are unwilling to accept a settlement upon the terms proposed by the Montgomery lawyer. For his services in the prosecution of the case of the State or Alabama vs Louisa Kidd, as executrix ana for legal assistance he employed, MT. Macdonald claims, it Is understood A ,2250 of the S.5Oo collected as his fee. Governor Jelks declined to accept the settlement proposed by Mir. Macdonald.
 It is said Mir Macdonald went to Elmore County and collected from the sheriff the total amount of the judgment before the certificate of affirmation was received
 Acting upon his instructions Attorney General Massey Wilson has moved for a summary judgment from Mir. Macdonald in the City Court of Montgomery. The motion Is based upon the statute which gives the plaintiff the right to move a sumary judgment to compel an attorney to pay over money collected by an at- torney TOT the plalntln.
 The attorneys for the State and for Mir. Macdonald have agreed upon Friday, June F as the date for arguing the mo- tion. In looking after the States in- terest Attorney General Massey Wilson will be assisted by Solicitor Hugh Dent of the City Court.
 The Kidd back tax case attracted State attention. It was carried from the Cir cult Court of Fillmore County to the Su- preme Court of Alabama and from the Supreme Court of Alabama to the Su- preme Court of the United States. The case was decided by the Supreme Court of the United States several weeks ago in favor of the State.
 The suit had been pending in the courts several years having originated during the administration of Governor Joseph F. Johnston. The suit grew out of the at tempt by the State to collect back taxes claimed to be due on certain securities belonging to the estate of the late Paul Tulane. It was directed to Eliza Kidd as executrix of the Tulane estate,
 The proceedings were instituted by Judge w. J. Woods at that time State Back Tax Commissioner. The suit was instituted before the back tax law was changed when the State Back Tax Com mission, In lieu of a salary received 10 per cent of the amount he collected. Out
 
 sioner was required to pay for whatever legal assistance he employed.
 Judge Wood employed MT. Macdonald as an attorney to prosecute the suit MT. Macdonald appeared for the State in all the State courts in the trial of the Kidd case By an arrangement between Col. Francis G. Caffey of New York and MT. Macdonald the former appeared for the State when the Kidd case was up be- fore the Supreme Court of the United States.
 In the proceedings instituted in the City Court it is the contention of the State that the compensation for the col lection of back taxes is rigidly fixed at 10 per cent, out of which the attorneys should be paid. It is alleged further that the money was collected by MT Macdon- aid from the Sheriff of Elmore County be- fore the clerk of the Supreme Court of Alabama had received the certificate of affirmation.
 MT. Macdonald's contention, it is under stood. is that he case involves important questions and that it establishes an i'm portant precedent. MT. Macdonald, it is alleged. points out that suit could not be brought against the State and that if he had paid over the money into the State treasury he would have had no way to sue and recover what he considered a reasonable fee. It is understood that Mir. Macdonald says that he conducted two parallel suits for the State, one against Louisa Kidd. as executrix, and one against Louisa Kidd personally. The lat ter suit involved 5000 in back taxes but the amount was not collected.
 MT. Macdonald said yesterday that there was no occasion for the discussion of the suit until 1t had reached some status in the court. He had been notified. he said. that the At torney General would move for a summary made.
 In the legal proceedings the testimony of Former Back Tax Commissioner W. J. Woods will be most important. It was said at the Capitol yesterday that Judge Wood in em- ploying MT. Macdonald had agreed to pay him one-half of his commission, or 5 per cent. of the amount collected.