The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1916-09-29
TH0NPS ON Oty INES
10 FILE Al CUSTER
AGAINST J. CtOTt
DECLARES THAT THE FACTS DO
NOT JUSTIFY SUCH HARSH
PROCEEDINGS.
DOWN Wilkes APPEAL
Attorney General Of Tennessee In
Strong Opinion Says That he Fails
To Find Any Intention of WlIfuI
Wrong Ding on Part of Member.


Attorney General Frank M. Thomp-
son has refused to institute custer pro-
ceedings against Justice of the Peace
]. A. (Doc) Grove, of the Third dis
trict upon the petition of R. A. Wilkes.
In a letter to Thomas H. PEBBLES, at
torney for r. A. Wilkes, Gen. Thomp.
son says that he does not, under the
facts of the case, which he discusses
fully, feel constrained to reverse the
ruling Of Gen. Frierson, of this ju-
dicial circuit, in the matter.
After discussing the facts, Gen.
Thompson says: ut would be a hard
ship and harsh injustice to apply the
lrastic terms Of these statutes to him
and to cause him thereby the expense
Of defending himself in a litigation
against the state for an act which he
| was induced to commit and which evil
IDENTIFY, from the facts before me, was
innocently committed"
1t will be recalled that some time
ago r. A. Wilkes requested Attorney
General Horace Frierson to institute
custer proceedings against Grove and
| four other members of the county
| court This Gen. Frierson declined to
do. The matter was then appealed to
Gen. Thompson, who in turn has de-
clined In the other four cases, Gen.
Thompson announces that he has not
reached conclusion.
The opinion of Gen. Thompson fol-
lows:
Nashville, Tenn, Sept. q, 1916.
Mr.. Thos. H. PEBBLES, Attorney at
Lawn, Columbia, Tennessee. Dear
Sir:
Referring to the request made OF
me by Mr.. Wilkes through you, as his
attorney, to file custer proceedings
against James A. Grove, justice OF
the peace for Maury county, upon the
charge that the said Grove, while such
Justice of the peace, had accepted a
place as guard at the county work
house in violation Of the law and had,
| therefore, knowingly and Wilfully mis-
| conducted himself in office and sub
jected himself to removal from office
under the Custer Act of 1915, beg to
state | have made an investigation of
the facts pertaining to this matter,
and found them to be as follows:
During the winter of 1856, the
Maury county work house was located
at Rally Hill, in said county. During
this time some trouble arose at the
work house with respect to the con-
duct of certain guards and the same
we're discharged by the commission.
After the dismissal of these guards,
the commission made an effort to find
a suitable man for first guard for the
work house, but failed. 1t being
necessary to have this first guard, the
entire commission in body rendered
this position to Mr. Grove, because 1t
was thought by the commission that
he was a suitable man and because
further that Grove lived at Rally Hill
where the county work house was To-
Gated and the work being done. Upon
this tender being made, Grove at first
refused to accept the position on the
ground that it would be improper as
lhe was a member of the Quarterly
County Court. The commission then
vent to Columbia and we're advised by
the County Judge, j. T. Mcknight, who
is a lawyer, and by Mr.. w. c. Whit
i thorne, the county attorney, that there
was no Illegally in Groves accepting
this position as first guard. The com.
mission then went back to see Mr..
Grove armed with the opinion of these
two gentlemen, and persuaded Grove
to take the place, but it was distinctly
understood by all of them and Grove
insisted that he would only take 1t
temporarily and until the commission
could find another suitable man. I'm
der these facts, he had kept the place
as first guard and performed his dut-
ties, as l am informed, for a few
months when another man was found
by the commission and Grove was re-
lieved.
"These facts were all, as | am in
j formed, sworn to by Mr.. T. G. Hughes,
the chairman of the highway commits
sion of Maury county, before the Hon.
Horace Frierson, Jr., attorney general
for the Eleventh Judicial Circuit.
Upon these facts, General Frierson de-
clined to institute proceedings against
Mr.. Grove for custer because he felt
that Grove had not wilfully and know
lingly misconducted himself in office
1T is but fair to assume that as
Columbia is the home Of General Frier-
son that he has a personal knowledge