Arizona republican., 1921-01-12
ONE SPECIAL COUNSEL .IS ENOUGH DECLARES
 ATTORNEY GENERAL


 Concurring with the state tax com mission to the extent of retaining one of it's special counsel in the million dollar tax litigation, w. J. Galbraith, attorney general, in a letter addressed to the commission yesterday declared it might be false economy to turn the matter over to attorneys unfamiliar with the case. Mir Galbraith stated, proper to retain two lawyers the whole year.
 Holding that if the attorney generals office ever is to act for the commission, the time is now. Mir. Galbraith adds: otherwise. by inference at least, it would appear that Messers Baker and Kramer necessarily will have to be the ' lawyers for the tax commission for the rest of their lives"
 The attorney generals letter to the ! commission follows:
 Arizona State Tax Commission.
 Phoenix, Arizona.
 Gentlemen;
 q beg to acknowledge receipt of your favor of the same date herewith. fully concur with you in the advis- ability of retaining in this pending matter at least one of the two attor- neys who had these cases in charge from the beginning. I agree that il might be false economy to turn the mater over to a new attorney who hac no knowledge of the situation. especial. ly if time were important and the at torney had no time to get into toucf
 with the situation. Had I ever beer
 consulted in the matter I should hay,
 been very glad to have one of the at torneys retained for the cases pending , We have done the same thing witt , matters pending for the corporation , commission.
 3 T wish to call your attention to tn ! fact that these six cases that are re . ferred to all involve the same issue an, , for all practical purposes there is bu a one -ase pending, but on the strengtl
 of this pending case, even though it b. :, advisable to retain the lawyers wh z have been acting right along, I do no
 feel inclined, or think it is the prope
 thingfto retain two lawyers for who'll
 year.
 If the attorney generals office |
 ever to act for the tax commission l
 would seem quite advisable that tn :. new incumbents in the attorney gen v erals office should break in on 1t
 duties with the tax commission at tn 7 same time that the two new incumbent a 1 on the tax commission are getting ac V quainted with their duties. Otherwise . bv inference, at least, it would appea 2 that Messrs. Baker and Kramer wi p necessarily have to be the lawyers fo a the tax commission for the rest of thei e lives.
 My conception of the duty of tn . attorney general is to act as attorne 4 for the various official boards an
 commissions of the state, and whe q matters have been placed in the attoi 4 ney generals hands the outcome of h
 work is his responsibility and I a II quite sure the tax commission will m ,t be blamed for any defaults of my 0 ' flee when they place matters in IT If jurisdiction. If a mistake is made. tn al will be my fault. not yours, and I a
 inclined to believe that no lawyer al rv pointed by any commission could. , any sense be termed always infallab ,p The law that you refer to in yo
 letter, Chapter 12S, Session Laws m Arizona, 1919. says that the commissi
 may employe such persons as exper n- assistants and attorneys a may
 necessary to perform the duties tn m may be required of the commissiC
 My interpretation of that law is tn a+ if and when the office of the attorn a- general fails or refuses to furnish re
 sonably adequate legal service to yo a office, then you will be warranted in incurring additional expense on t [o people of this state by hiring outsi o- lawyers; but I feel quite sure that
 the office of the attorney general at
 times furnishes reasonably adequ;
 and we'll qualified legal service to yo
 commission and others that it will
 be necessary to hire other lawye y Myself and two practicing lawyers W uis have every appearance of being ( m ceedingly well qualified at pres' ird compose the legal staff for this sta ,d- and they are devoting their full time nd state work. If we have not suffici' 'u- staff on hand to do all of the st
 work the attorney generals office ' - be very glad to put on anotlier lawy
 because the states legal interests m {, ~ be taken care of promptly and ei NS ciently. This has the particular |;
 vantage that if the man who is
 signed to your particular commiss
 is not at the time busy on your D
 ticular work, he may then be do
 other legal duties for and on behalf
 the state without any extra expense -- the state"
 fN Respectfully.
 AN w. J. GADBRAITH, Attorney Genera A The letter to the commission wa IA reply 10 the following letter which < received from the commission: