The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1916-12-22
DUTIES Of JUSTICES
AND OTHER OFFICERS
GIVEN BY THONP son
ATTORNEY GENERAL EXPRESSES
OPINION ON CERTAIN POINTS
AT ISSUE.
SALES MADE TO Till COUNTY
Are In CONFIRMATION Of The Law,
Says State Law officer and Men,
bers Of Court Should Not Serve on
Boards and Committees.

Disclaiming any intention Of ex-
pressing any opinion whatever as to
the merits of any custer suit now
pending in the courts of this county
and declaring that what he says must
| not be construed as having any appll-
cation to any of the cases in this coun'
ty, Attorney General Frank M. Thomp-
son. of the state, has written to At
torney Thomas H. PEBBLES, who has
been counsel for the prosecution in
the Maury county custer cases, his
opinion on certain questions present
ed to him.
Cen Thompson expresses the opin-
ion that justices of the peace cannot
legally serve. on committees and
boards of the county Court if they are
paid for their services. He also ex'
presses the opinion that justices OF
the peace under the law, cannot make
sales to any officers or agents of the
county.
Gen. Thompson also declares it to
be his conviction that justice of the
peace cannot legally serve as a guard
at the county work house. 1t will be
recalled, however, that in an opinion
rendered last September the attorney
general declined to institute an custer
suit against Justice of the Peace j. A.
Grove, on the ground that he acted
for several months as a guard at the
work house In that opinion the at
torney general stated that while JUS
tice Grove might have been technical
ly guilty of violation of the law his
conduct was not such as to justify the
penalty of the custer law.
Likewise the attorney general de-
clares that it is illegal for district
road commissioners of the county to
hire their own teams to the county.
Concluding his opinion to Mr..
PEBBLES the attorney general says;
You again say OF course, do not
understand it to be the law that any
official with the power is justified in
instituting an custer suit against an
officer who, in an isolated case, or
casual dealing, has, by receipt of mon
ey, incidentally or accidentally be
come interested in a matter over
which he as such officer should exer-
else a supervision, and the foregoing !
statement of conditions in Maury |
county is not intended to cover any |
such case if any there be in the |
county
"Of course, | am not dealing with |
any such question as this nor does
what | have heretofore said apply in |
any such instance. | am not dealing
either with any one of the custer
cases which you say are pending in
your county against officials, nor do
desire that this opinion shall be con
strued as having any application to
any case now pending in any court
there because | know nothing of the
facts that may be established in any
such case. 1t is not my desire either
that anything | may have said here be
construed as applying to the applica-
ton heretofore made by you to pro-
coed either under the custer or quo
warranto statute against any official
in your county. What l have said
here leaves me, at least in my own
mind free to act upon these applica-
tions in the future as the facts may
appear to me to justify me.
yours very truly,
FRANK M. THOMPSON,
"Attornpy Cannra1"