The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-04-20
Court Of Appeals Decides lie
Holds Four Years.
paducai Official Has Made n Hard
hut Victorious Fight 10 Hold
His Place.
HAGER CANNOT APPOINT NOW.

auditors Agent Frank Lucas, OF
Paducah. has won n final victory I'm
Kentucky which entities him to hold
for four years, or over a year long
err, under Former Auditor Coulter's
appointment.
The court of appeals has Just de-
cidad the case that went up from
Frankfort, where he brought
mandamus suit to compel the present
auditor to accept a renewal of his
bond, which Auditor Hager had re-
fused to do.
a Frankfort dispatch says:
The court of appeals today, I'm af-
firming a Judgment Of the Franklin
circuit or state fiscal court. holds
that State Revenue Agents appointed
by former Auditor Gus G.. Coulter
under the provisions of the revenue
act of the 1909 legislative session
hold their Offices four years from that
time. and that they cannot be remov-
ed at the pleasure of the auditor.
The ruling is announced in case
of s. w. Hager, auditor, against
Frank A. Lucas. The act of 1902
became a law in June of that year.
and Lucas was appointed in August
following for term of four years.
When Auditor Hager succeeded MIR.
Coulter he took the stand that the
revenue agents were removable at
the pleasure of the appointing pow
er, and declined to approve new
bond which had been filed by Agent
Lucas. This action was then filed
to settle the question as to the term
of such officials. The circuit Judge
ruled against the auditor, and an
appeal to the higher court was taken.
The opinion of the appellate court
was delivered by Chief Justice Hob
son.
In unfolding the judgment of the
court below the court here says in
part:
II is insisted for the auditor that
the revenue agents are in effect his
'-cferks appofhted Dy nm Tor INC -piif--'
pose of better discharging his duties
in the collection of the state reve-
nue.; that they occupy toward him
personal relation: that one auditor
should not~have the power to appoint
number of these agents and impose
them upon his successor. While
1t Is an argument that might be adj
dressed with great force to the legis-
lafura tho LANGUAGE Of tho otot,tae
is free from ambiguity and must be
enforced according to its plain mean
ing. The first act creating auditors
agents became law April 30, 1880.
II provided they should be subject to
removal by the auditor at pleasure.
The act of 1902 was passed during
the term of Gus G.. Coulter as audit
or. The legislature knew that his
term would expire in about two years
after that act was passed. and with
this knowledge 1t expressly provided
that the term should be for four
years. BY section 1859 they are re-
CURED before entering upon their du-
ties to execute bond and to take the
oath required of other officers. They
are thus constituted officers of the
commonwealth holding for a fixed
term and acting under bond. Their
duties are prescribed by law and in
many matters they may act independ-
emily of the auditor and without his
consent, as in assessing omitted
property under section 4241 of the
Kentucky statutes. The purpose of
the legislature seems to have been TO
make them more Independent and 10
secure a better class of men by Civ
ing them definite term. There has
been a session of the legislature since
the term OF appellant began and fne
act OF 1909 was not amended or mod
flied. The statute confers upon the
auditor of public accounts the power
TO appoint one revenue agent In each
county of the state and In addition
four such agents from the state al
large. When the power OF appoint
ment has been exercised II is ex-
hausted and no other appointment
can be made during the term of the
appointees except in case of vacancy.
Agent Lucas has had hard fight
10 make. but he has staid with them
at every stage OF the game, and his
final victory will be a source OF graf
ihcation to his many friends here and
elsewhere.
This decision means that the APP
polntment % Attorney James Camp
bell, Jr.. of Paducah, as auditors
agent TO succeed Mr.. Lucas. and the
appointment OF several others
throuhout the state by Auditor Ha-
ger. are void, the appointees of For
nlef Auditor Coulter holding good
from, I,,na IQ00 10 Tuna 1QoQ