TILDEN TO O'CONOR

"NEW YORK, _March 25th, 1879_.

"TO CHARLES O'CONOR.

"MY DEAR SIR,--The action of the United States in the

income tax case is a common-law action. The complaint has been sent

to you.

"The substance of the plea is that the defendant had been assessed

by the proper officers of the United States. The tax and penalties

fixed and the amount collected by the government. A copy of the plea

will be sent to you, but the above is the substance of it.

"The question argued before Judge Blatchford in the district court

was on the point raised by the defendant that the action of the

government officers was quasi judicial, and their determination

conclusive and exclusive.

"The points of the defendant are sent herewith.

"In this state of things the District Attorney proposes to file a

bill of discovery to obtain the facts which shall establish the

right of action.

"It is understood that the District Attorney desires, if possible,

to have the judgment of the Supreme Court on the main question. But

that purpose may, perhaps, be regarded as confidential.

"The advance sheets of the bill of discovery intended to be filed,

which had been informally furnished to one of the defendant's

counsel, have also been sent you.

"The first point upon which your opinion has been asked is

whether, in case we plead to the bill of discovery, that the

plaintiff is barred as to his right of action by the quasi judicial

determinations of the officers, and has no right to discovery by

reason of having no right of action, and that plea is overruled by

the Circuit Court, the decision will constitute such a judgment as

will be appealable to the Supreme Court.

"There are other questions, but this is the most immediate.

"I write this note to give you information at once without the delay

incident to getting the counsel together to write out a case for

submission.

"Very truly yours,

"(Signed) S. J. TILDEN.

"Hon. Charles O'Conor."

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