Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1904-03-24
SUITS WITHDRAWN.
Auditors Agent Lucas Disowned
by Auditor Hager.

buNo OH OOihO W Btlol' auullOI
Hager, in strong letter, disowns
the agent" and disclaims any in.
tention to allow the suits to go to
trial, saying all of them will be
withdrawn. His letter Is charac-
teristically strong and entirely
worthy of the gentleman We
give it in full:
State of Kentucky, Office Audi
tor of Public Accounts, Frankfort,
KY, March 19, 1904-To Mr..
Frank A. Lucas, Paduoah, Ky
Dear Sir: l have received infor-
nation through the medium of
the press, and from letters from
individuals and hanks that you
have recently instituted suits in
various counties of the State
against numerous banks, in which
as Auditors Agent for the State
at-large, which position you claim
to hold by virtue of an appoint
ment made by my predecessor in
Office, which suits you seek to
have assessed against said banks
in some form or other retrospect
lively certain deposits made with
them for persons throughout the
State for taxation, and l have be-
fore me one of your letters adj
dressed to one of these institu.
tons setting out at length the
nature and purpose of these suits.
Without intending to be in any
sense personal, but solely with
view to discharging an official
duty which l consider incumb bent
on me, / address this communica-
ton to you for the purpose of CIV
ing you notice that according to
my construction of the law your
term as Auditors Agent ceased
and terminated upon my qualif-
cation as Auditor of Public Ac-
counts, but If the courts should
hold otherwise, you could not
commence these proceedings or
any other of like nature for the
collection of taxes or the assess
ment of property of any descrip-
ton without my direction as Aud
itor, this provision being clearly
and plainly expressed. The rea-
son for this provision is manifest,
the Auditor of Public Accounts,
whose duty it is to see that per-
sons whose property has for any
reason escaped taxation, shall be
required to list such property and
pay the taxes thereon, being Of
ficlally responsible for the acts of
his agents.
These actions have been brought
by you without any direction from
me, waving the question Of your
authority to act Under my pre-
decesfors appointment, l shall feel
constrained to take the necessary
steps to have these several suits
dismissed, and any further action
with reference to their subject
matter postponed until such time
as upon proper Investigation l
shall deem it necessary and proper
to institute legal proceedings for
the assessment and collection of
any taxes that may be due, or
which to have been assessed
against, and paid by the actual
owners of the funds claimed by
you to have been deposited in the
various banks of the Common
wealth and not assessed for tax
alton against the depositors as
provided by law
1t is unnecessary at this time to
argue the question whether or not
your position, if you were duly
authorized to act in the matter,
can be maintained in the courts,
or whether either of the conten-
tions made by you in these suits
is correct as a legal proposition.
The sole object of this communi-
cation is to notify you of my re-
pudiation of your pretended of
fetal action and of my purpose to
take such steps as may be neoes-
sary to have each and all these
actions dismissed.
Very respectfully,
S. w. HAGER, Auditor.
Monday afternoon Mr.. Lucas
mailed a reply to this. The sub
stance of the reply is that Lucas
de- lines to withdraw the suits.
He claims he was appointed for
four years, that his duties are
clearly defined by law, and that
the Auditor has nothing to do
vita him except in one or two in
stances, and these do not include
J the collection of back taxes.