The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-12-17
COMMON coUSCIi

COMMON COUNCIL.
Ats special meeting, called by the May
OF. Yesterday at 10 o'clock, g m, there were
present Messrs. Ambrose, BrIeu, Duncan,
Edwsrds, Graves, Hagey, Haley, Haslam,
Horn, jenkins, ROber son, Scott, WoOdhin,
Yarbrough, and President Cotton in the
chair.
A communication from Mayor Brown ives
rad. announcing the object OF the call
namely. RECOMMENDATION Of steps hereto
lore taken in admitting the Ninth Ward,
that those steps might be 50 revised as 10
conform them strictly 10 the law, aud rem
der the admission Of the Ward IN al respects
valid.
Mr.. Duucau moved the reconsideration Of
90 much OF the proceedings Of the last regu-
lar meeting as relates TO the admission Of
members from north OF the old corporate
line. Motion prevailed.
Nh Haley, commended, at some length,
that, the steps taken IN Gdmittin, the
Ninth Ward, though soIneWhat irregular,
were nevertheless legal
PRECEDENT Cotton addressed The Council,
aud said 10 did seem 20 him that the send
lugora cigar box full Of bsllots, was not
adequate evidence Of an election held by
men taking step 50 important
tx ooNvESrIoN.
AHer the Convention assembled, Mr.. East,
CIV Attorney, was called upon Tor his
opinion a. 10 the legality Of this admission
o.. the sth Ward. His views wers as fol-
lows:
D. The original petition ought 10 have
shown that al the signers were treeholders.
The petitioners changed the boundaries
a lew DAYS before the election; and they
held the election for the new boundaries.
This. he commended, invalidated the whole
proceeding. II the boundaries were changed
before the election, new notice Of twenty
DAYS were necessary; otherwise, the election
u invalid. Il matters not, whether the
change embraces five acres or five hundred
acres. ifthere was change IN the proposed
boundaries. that was enough 20 demand d
new notice OF twenty days.
3. The election was, IN many respects
informal. The citizens had voted for tive
wards. which they had 10 right 70 do. The
Council alone could decide the number o.
wards. or whether the territory should b
attached % old wards. The returns were
not properly signed there was no evidence
that the Judges had been sworn, or tha
none hut Legal voters cast thelT ballet.
With such irregularities, If any OF th'
citizens were 20 refuse 90 pay assessment
they would be sustained by the courts
They might even Dc this after they bad Oh
lained al the benefits arising nom the Cor
poT8tiOn.
II the territory were legally annexed
then the question would be Who woul'
elect the Committee for the new Mardl N
implied powers follow 8 city charter. Onl,
powers which arc granted, attach them
serves 70 the city government, Il would
20 say ne least, be better 70 let the pcopl
caose tne.r ovu representatives. 10 was a.
gugiaal election. III a vacancy should oc
sur, during term either bv death OF re
Slguatou, then the Council would elect
man 70 AL it. But here was no vacancy
there never hes been a Councilman from
the sth Ward, and hence no vacancy oc
ours tor vacancy slvays presupposes tn
place to hsve been once allied
Question By Mr.. President Chatham
desire to SEX. Il the late ele-ti,, 5,r Cit,
Caicc-s bv this Council is LEGAL, Il tbs tbr.
illegal members irom the en- Ward vote,
fsr fhoSs oticers2
Mr.. East.-That would depend on e;-,r,,,
stances. I'd man were elected hv = I'M,
.ar.tv even so great that, by de3u5tsup th
three votes from H. be would sul be e'ectsd
II there were twenty-five votes cast. an
one r1i more than three majority, then b
IVES electcd bus not otherwise IlIeri
votes DO not vitiate an election, absolutely
O. is only d question a. 20 whether thoi
ssst Cor the highest candidate, when throw
Uut, reduces lIs majority b. q minority.
Nj. r. B. Cheatham then went into hi
tory Of the anucxs ion OF the Ninth Var
lie had been extremely anxious % set evu
rything SHIT He had feared that the
might De trouble but after having pass
the act OF admiss,en, az the last meeting,
thought ali difficulty hsd been put out
the way. The City Attorney should ha
notified the Council, when it was gon
arurE.
Mr. Esst = knew nothing Of the matt,
40 one ever notified me U1 yesterday.
EHes z5lhing OF the irregularities before.
A0er some further discussion. 10 was
solved that The late acton OF the Coun
should be res-iuGed, ana that a spec
meeting should be held on Monday / a
90 correct the late mistake, and provide
Organizing az the frst, sEsin.
SUBSEQUENT OPERATIONS.
Immediately after the adjournment Of /;
Council, = number OF citizens OF the MI
Ward assembled together, ana resolved
are he irregularities in the incipient 81,
festive 70 The annexation o. that sectg
ives suggested thst possibly shs iFrsi
Nllti we're more apparent thar n