Year: 1879




Governor Marks appointed Colonel
John II. Savage, and Mr.. Frank Will
son, of Sumner county, both of them
members of the senate, TO defend the
State against suits brought to compel
the acceptance of the new or Torbett
issue Of Tennessee money in payment
of taxes. The sum of 5000 was
appropriated by the legislature to
employ counsel for this purpose.
There is supposed to be about $500, 900
OF this issue outstanding, and whilst
many citizens believe that it will
eventually have to be received by a
decision of the highest court, that
1t is not settled yet. The State must
either receive their money at once
whenever offered by Taxpayer, or
fatty refuse to do so. 1t would be
folly to refuse to receive this money
and then not defend against suits
brought to compel tax-collectors to
take the new issue. One case was
carried to the Supreme Court of the
United States and was decided ad-
versely to the State. Colonel Heiskell,
however, who represented the State,
holds that the facts were not
fully presented, and is of the
opinion, we understand, that the
State can make out good
and defensible case. A bill was intro
duced in the legislature providing that
all the new issue should be taken up
and warrants issued instead, which
should be marked and made receivable
for taxes in one, two, three and four
years. This would perhaps be a
very good plan if the State no longer
had any defence, but as this is not the
case, the State, through the legisla-
ture, made provision for defending
itself against all suits that may be
brought, whether in Davidson, Carter.
Shelby or any other county. 1t has
been stated in the papers, and
not cOntradicted, that several
suits have been brought al


ready in Davidson county, and the
State is therefore just as much on the
defensive as if suits had been brought
in every county. The whole question
can be as fully opened by taxpayer
who tenders one dollar of this wal
money in payment Of taxes as if some
Of the big holders who were so solicit.
Gus around Nashville, lest the feelings
of the attorney general of the State
should be hurt by the employment of
additional counsel were to tender one
hundred thousand dollars. We take
it then to have been the sworn duty Of
Governor Marks to retain counsel and
to pay reasonable retainer fee in ad-
vance,as is customary in all heavy cases
and we do not consider that Messrs
Savage and Wilson are disqualified to
act as such counsel by reason of being
members of the State senate. Theil
disqualification in the eyes of those
who assail and charge them with put.
ting up a job rests in the fact that
they are not of the class known as
high State credit men. While the con.
stitution renders members of the leg
islature ineligible to any Office or place
of trust during the term for which
they are elected, the inhibition Ger
tainly cannot apply to a case like thi,
where the services of lawyersin thereg
ular practice of their profession are Sc
cured to defend the State in the courts
Such construction would be in direc
contravention of the spirit and inten
of the constitution and the framer.
thereof, and could only originate il
the brains of those who have other
grievances. If there were Lawsuits
and fat fees enough to go arounC
among all the lawyers of the State
big and little, we would hear less o
this kind of complaint. AS to tn,
legal ability and skill of the gentlemen
appointed we have nothing to say
That does not come properly within
the province of newspaper discussion
They are we'll known to the bar o.
Middle Tennessee and have long prac
ticed before the Supreme Court. On,
of them has been prominent lawyer
for over thirty years ard ought, b!
this time, TO be competent to con
duct such case as this, if he is not
Mr.. Wilson is comparatively a yOunl
man, being about thirty eight year.
of age, and enjoys a large practice
Both these gentlemen are noted, d,wher
they are best known, for their integ
rity, honesty of purpose and courage
The war made upon them is purel.
malicious and will react upon its au
thOrs. The governor had clear con
stitutional right to retain them al
counsel in these cases, and there is no
a lawyer in the State but woulC
have accepted the offer, as they hay,
done, under similar circumstances.


SUITS by mandamus have beel


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