The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1916-09-29

| IOldIOl C1IlACuS anu 1ICCuUlu6TS. III
the last mentioned event, the relator
citizens have the right to call upon
either the District Attorney or the
county attorney for aid and assistance,
and in this event, that is, where the
relator citizens have instituted the
suit, they, and not the county, are re-
sponsible for the costs. Where the
complaint is made against city Off
Gals, the suit may be instituted by the
District Attorney General and by the
city attorney or by the relator citi-
zens, and such citizens may call upon
the District Attorney General or the
city attorney for aid, but they, and not
the city, are responsible for the costs.
"(c). The statute having made
these distinctions, If / should now
come in and attempt to intervene as
Attorney General in these suits to
which l was not an original party, the
point would likely be made and holly
contested, and could be done with
reasonable FEASIBILITY, that I was in
terfering in the suit without authority
of the statute and to which l did not
have the right to become party.
"It is true that the 14th Section Of
this Act gives the Attorney General of
the State the power, upon his own
initiative, without any complaint hav-
ing been made to him or request made
of him, to institute proceedings in
custer against any and all State, coun-
ty and municipal officers under the pro-
visions OF this Act. This, however,
would be the suit of the State, acting
through the Attorney General upon his
own responsibility and initiative, and
for which the State would be respon-
sible, not only In the eyes Of the pub
lie, but in the costs which might &C
crue. This action would not be suit
such as you have brought in these two
cases under these very Sections of the
statute above dealt with. In other
words, do not construe this 14th Sec
ton as giving to me authority to in
tervene in suit already instituted by
relator citizens against county Off |
Gals under the End, 3rd and 4th Sec |
tions of the Act.
81 believe the foregoing is correct
Interpretation of this Act, and that my
position in the premises is correct.
81 have had occasion heretofore to
analyze this statute and to determine
my course Of action Hereunder under
circumstances very similar to those
presented by these two cases.
after the ten citizens had institut-
ed the suit at Nashville against Mayor
Howse and others and before they in
terposed their motion to have said OFF,
Gals temporarily suspended, they sub
mitted their bill to me as Attorney
General of the State and requested
that intervene in the case and make
the request for such suspension pro-
vided for in the 10th Section Of the
Act. They furthermore presented the
matter to the Governor. After a care
full examination and review Of the Act,
declined in that case to intervene
and thereby render the State liable
for the costs and responsible for the
litigation and take the same off of thel
shoulders of the ten REALTORS who had
instituted the suit.
Again, at Memphis, l was impor-
tuned in a suit there which had been
instituted by REALTORS against certain
city officials and took the same posi-
ton then that did in the Howse case
and am now taking in these cases.
after going over this Act carefully
and after explaining in detail to the
Governor the reasons assigned by me
for declining to interfere in theseI
cases at Nashville and Memphis, the
placed by me upon the
Act met with his full approval. II
know of nothing in the various de-
cisions of the Supreme Court constru-
ing this Act in the Nashville and Mem
phis cases that has caused me to
change my views or the foregoing in
thereof originally placed
upon it by me in constituting the Howse
and Crump cases. / believe that when
you have considered the reasons set
forth herein and the Interpretation
have given this Act, you will reach the
conclusion that my position is cor
rect one,-at least, hope you will.
81 am returning you herewith copies
Of the bills, demurrer and answers for
your files. am also sending copy
Of this very lengthy letter to the Gov
srnor.
yours very truly,
FRANK M. THOMPSON, Il
Attorney General"