The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-03-22

regular legal FORM
Before any action was taken on
the resolution. however, Justice Tapp
asked County Attorney Graves III
Clerk Graham had any right to re-
tain the money.
Attorney Graves replied that there
was no fixed time by statutes or law
In which to make such settlements
and the motion to adopt the report of
the accountants. leaving. the payment
or settlement out of the question,
was then carried.
The question of the supplementary
report was then brought up and At
torney Graves explained that he had
assigned his 30 per cent fee for back
collections to Clerk Graham. the lat
ter paying a lump sum for It. II is
the duty of the county attorney to
send out notices of back tax dues. but
II is the judgment of courts that
property cannot be sold for back tax
es, and there was a question raised
as to whether the mere fact that a
county attorney sent out the notices,
which was as far as he could go to-
wards prosecuting the sale of prop
erty for back taxes, would entitle
him to she 90 per cent. Attorney
Graves explained that he had read
decisions and the late Judge Bishop
had decided that the courts could
not give judgment against property
for sale for back taxes. and that a
precedent had been set in other coun-
Is attorneys collecting the 20 per
cent. when they did no more than
send out the notices. lie stated that
he had sent out all notices and never
failed TO perform all duties required.
Attorney Graves also stated that
this 90 per cent. fee matter was
/ brought up simply TO confuse thf
court and make political capital and
I that II the board OF magistrates did
not want to take his decision in the
matter of the legality of collecting
! ne 90 per cent, II could get another
attorney TO give advice.
Justices Barber and Gholson spoke
briefly in explanation of the matter
and Justice Tapp offered a motion
! that inasmuoh as precedent had
been set In the collection of this fee
by the county attorney. and the court
had upheld It. that the board vote
| the county attorney entitled to the
fee and to disapprove the supplement
/ tary report which simply stated that
the legality of the fee was to be de-
cided by tho board.
Justice Sears amended the motion
by moving to employ another attor-
ney to render an opinion as to wheth-
er Mr.. Graves was entitled to the fee
l legally.
Justice Sheehan thought that in
asmuch as Attorney Graves was so
/ greatly concerned. Gin deep water, p"
/ he put Il, he thought the board
should get additional counsel to de-
| eide the point.
Attorney Graves very heatedly
denied that he was Gin deep water. T"
and stated the matter was brought
up simply to confuse the board and
make political capital; moreover,
that he knew the DIRTY Son of a
Gun" who did II, and also who Incl
dentally had placed the county judge
in false light with him, MIR. Graves,
Mr.. Graves grew very angry and was
AZ one time on the point of mention
ing names. but refrained.
Justice Gholson thought that be-
cause a precedent In the collection of
this 20 per cent. had been set. he did
not think the board should go ahead
and allow Il unless II was legal; II II
was not II was up to the board to
find out. In conclusion he moved
that a committee of three be appoint
ed to select an attorney to pass on
the point,
The motion was carried unani-
mously and Judge Lightfoot appoint
ed on the committee Justices Bar
Der. Thompson and Young.
The court then adjourned until 3
CONTINUED ON Page Eight