MEMORANDUM OF CASE FOR O'CONOR'S OPINION

"_March, 1879._

"A copy of the draft of the Bill of Discovery intended to be filed

in the United States Circuit Court is submitted. It is for discovery

merely, and is in aid of a common-law action pending in the district

court. The complaint in that action is also submitted.

"Some of the questions on which Mr. O'Conor's opinion is desired in

the first instance are the following:

"First.--If to the Bill of Discovery a plea, or an answer in the

nature of a plea, should be made denying the right of action of the

United States in the suit in the district court, and, consequently,

its claim to a discovery on the ground that the quasi judicial

determination of the assessor as to the amount of the tax, and the

satisfaction of the judgment rendered by him are conclusive against

the United States, and if the Circuit Court should overrule that

point and grant the discovery, would that decision of the Circuit

Court be a final judgment on which an appeal would lie to the

Supreme Court?

"Second.--Would that appeal probably be effectual to obtain the

rulings of the Supreme Court on the main question of the controversy?

"First.--If to the Bill of Discovery a plea, or an answer the

defendant's income was in excess of the amount found by the assessor

to be his income, calls on the defendant to state on oath every item

of income during ten years, and every item of deductions therefrom

and many items of receipts which are not income. There is no

proposition between the foundation and the superstructure.

"What are the rules applicable to such a case?

"The interrogatories are not even limited to taxable income, but

would involve accretions of value which are not taxable.

"Can the objection (_a_) that there is not any proper foundation for

any interrogations? (_b_) that an interrogatory is too broad? (_c_)

that an interrogatory relates to a matter in which the plaintiff has

no interest or concern, as, for instance, to a subject not within

the tax laws--can such objections be taken by way of special plea if

we prefer that mode?

"The opinion or advice on the first and second questions is more

emergent--the others can be dealt with later."

Letters and Literary Memorials of Samuel J. Tilden, v. 2 · 第 131 / 295 题