Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1865-12-17

mantown district, for incorporation INTO the co
poration of Nashville, do swear, that we have pc
formed our duty in accordance with the sheriff
instructions"
The election was ooid, because the people
the district to be annexed voted not upon tn
| boundaries described in the sherifs advertisement
| but upon other boundaries; and also because th
| return made was not signed by the sheriff or an
one deputised by him.
| THE City Attorney was here asked whether tn
election Of officers, engineers, Superintendent q
| Water works &c, made at tho last meeting o
| Thursday night, was legal or illegally
| the three members appointed TO represent tn
NinthWard. voted at the election, [onThursdayl 70
any officer who received majority, throwing on
the votes Of these three members then the election
! was legal; but if the votes Of members from tn
! Ninth Ward were required to make up that major
ity. the election, as far as that particular officer
concerned, was Illegal. The fact that one or NOR
| persons vote illegally. docs not make tho whole
election void, provided their votes are not ncccs
sary TO a majority.
The laws of the corporation of Nashville de
clare. that all vacancies arising in the City Coun
ell, shall be filed by elections from that body
that H. if the seat Of member from one of the old
ton, or otherwise, then either Of the two bodies
have right to ell it; but this is only
where there is a vacancy, and a vacancy
presupposcs that there has been former repre-
scntation. Where a new ward comes in, tho cleo
ton must be by the people.
Mr.. East was here asked whether the Council
was bound by the code Of Tennessee or by the
City Charter to which he replied:
| have been examining that question some
what. A charter from the Legislature of Ten
ncssce is a contract between the charter
ed party and the Legislature and the
Legislature has right to alter, amend, or mOdi-
fy that contract without lhc consent of the char
tered party A charter is regarded in the light Of
a contract and there can be no modification Of
the contract a general thing, except by the con-
sent Of both parties. The Legislature always re-
serves the right to pass general laws. Thus in
the charter of a particular railroad the Lcglsla-
turc may say nothing IN regard TO the re-
spOnsibiity Of the road for killing stock; but
the Legislature may 20 on afterwards, and
pass law applicable to all railroads In regard
to the killing Of stock So in regard to municipal
corporations. the Legislature can pass gen
eral laws for their regulation. The charter Of the
corporation Of Nashville says, that new territory
may be added on the petition of twelve citizens of
the territory proposing 10 come in. The Code says
on the petition Of twenty-five citizens now the
question might arise very naturally, whether that
general law was an interference with the chartere
rights of the city in regard to the other. hold
tho 50 Not nnd that they had the right 10 pass
that law; because II was not put on the original
cuar,yr Dul q subsequent amendment to it. As a
general proposition, however, the legislature has
right 10 interfere with the charter of the city.
Mr. Haley from the eth Ward, said that he
thought the Attorney was laborng under mis-
apprehension. lie thought, that 4 return was
made and the vote counted. amcrc inlormality on
the part of the Sheriff would not affect the lcgali
ty Of the election. and that if the election was
declared illegal, the fact Of the Wards having
been admitted. created vacancies which, under
the law, could be filed by the Council
After Mr. Haley had concluded his remarks,
Councilman Yarbrough took the chair, and Presi-
dent Cotton said;
have no disposition to discuss this question at
length for there is no occasion; but am aston
i-hcd that the councilman from the Seventh Ward
should say that this thing is legal, when he knows
that there has not been twenty days notice given,
describing the boundaries of the territory proposed
to bc incorporated. 1t is strange that the gentle
man should contcncd here, that we have a right to
amend the boundaries. Suppose for instance,
that We propose to take in certain territory here
Of forty acres; and notice is given mentioning
the bounds that an election win be held and af-
tcrward a proposition is made to take in eighty
acres and the petition is sent up here to take in
these eighty acres, without allowing the citizens
who reside on the aforesaid acres to have any voice
in it, and an election is held. We receive their
petition, and force the other men TO come in with
out having a voice in the matter at all. 1t seems
10 me that this is a perfectly plain point. an
not a lawyer, nor the son of lawyer, and am glad
IF it for it would get me into trouble. 1t appears
10 me that the points which the City Attorney has
given us are as plain as the nose on mans face,
and every one can understand them for himself
However if gentlemen disagree with me, it is only
difference of opinion; accord TO them honesty,
md claim honesty for myself
| should have opposed the action in reference
% the matter, the other night, had it not been for
treating sectional feeling ] was satisfied that it
vas Illegal, and l should have contcnded more
Enormously against an election on that occasion,
rhc citizens al one are to determine who shall he
heir representatives Tlfs City Attorney has
marked out n plain course for Us. Those gentle
men will have to go TO work and send in their pc
iton again, or we can act upon the petition sent
n. embracing the whole of the tcrritory; but the
sheriff must give twenty days notice. The very
act that there is nothing here from the sheriff
/ all would inyalidatc the election. / challenge
he Councilman TO show that the sheriff has signed |
nything here at all; and the only way to show
hat what was sent here was from him is to prove
us handwriting: and then it would be informal,
,ecnusc the document itself is not in the proper
orm unless II is signed by some one, and it bears
10 signature whatever. The simple fact Of send
ng lot of ballots up here. without any return, !
Gems to me like child's play. | cannot see that |
here is any semblanco Of legality in regard to the
whole thing. from beginning to end.
II seems to me that the only thing now required |
TO receive the last petition that came TO us, and
O have tho sheriff order a new election, giving |
wcnty days notice. Aftcr this is done, then wo |
an declare by bill the motes and bounds Of that |
crriiory. define it as the Ninth Ward. and dc |
crminc that it shall have three representatives in
he City Council This is the Common Council. |
nd when speak Of the City Council, l aludo to |
he two bodies. We have nothing to do but to |
rider an election there and let the people decide |
motion was here make to notify the Board I
f Aldermen that the Common Council was ready |
O meet them in convention. which was carried.
IN CONVENTION.
The Boards met. President Chcatham took the \
hair sud announ ccd that the meeting was for the |
purpose orjointly hearing the suggestions Of the \
lily Attorney. and the views Of the different |
members.
which We have before noticed, commenting upon !
hc iuformalitics in regard TO the returns; and |
Explained that the citizens Of any territory pray |
ny for annexation could not decide that il should
,c particular Ward or Wards but only that it !
hould be annexed, with the consent Of the Coun-
ii; and afterwards it was the business Of the |
Council TO determine what name the portion an
,cNcd. should bear Several questions were asked |
he City Attorney. and the views Of different |
members were given. During this agitation.
President Chcatham, besides other remarks which /
We omit for want Of space, said:
Application was made TO me 10y the Alderman
rom the fourth Ward. to call a meeting of the |
iuaId 90 take action In regard 90 an election or
lcTJj boy cur Board, which understood had been
icii according 10 the forms Of law in the terrific
~ desiring 20 be annexed 10 tho city of Nashville |
signed the call We had q call-mcetipg Of tho
'oari and, As l conceived took such action as the
aw pointed out for The City Council 10 take. If |
We dad wrong, We have a Recorder and two City /
attorneys: and | expected 10 have the benefit Of
heir advice.
Tho Board Of Aldermen saw proper TO elect Mr.
>looz as an Alderman from the Ninth Ward l
.m uo lawyer. and l presumed the action was cor
Get. In The absence of any party taking ground 10
hc contrary. I supposed that the gentlemen in
crested directly in the admission Of this Territory
iad taken thcproper steps; if they had not. twas
hc duty Of the City Recorder and the City Attor-
,cys 60 have placed the Council right in the prom
SEES. ii We have acme wrong. il is our duty 70
'laco ourselves right; and in justice to myself |
4 ii feF1F "a a tbsYr.4 H.. a. -