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

before, and the fact had been published in every
newspaper in the city. did not dream that the
opinion Of the City Attorney was contrary to our
| proceedings or should not have taken the ac-
| ton did: and contend that if we were wrong.
| our worthy friends the Recorder and the City At
torney were at fault. have the weight of a rail
road On my shoulders, and he 1.-THE Attorney has
| the weight Of nations on his.
In reply, Mr. East said
had no knowledge in the world that my op-
inion was desired. 1t would have been easy TO
get it. On the first intimation from the Mayor
(after the election) sat down and put the matter
| in the shape.of a correspondence. went yestcr-
day and hunted up the necessary papers. l don't
| think that the idea Of responsibility rests with
| any one. ! don't want the members to consider
| themselves as recreant in anything, because the
whole matter rests on a misstateme 1t Of facts.
! certainly should have done they did. under the
circumstances.
RISE. Cheatham here inquired, whether the cleo
ton held at the last meeting of the City Council
in convention was legal, to which Mr.. East gave
substantially the same answer we have before
noted. In regard to a question asked by some
member in reference to legislation, the City Attor-
ney said: If there is anything DESIRE it isto steer
this corporatOn clear Of lawsuits. 1t has enough on
its hands already. aboutS350 0OOor3OO 600 do not
desire any more lawsuits; and l have had my
eye single to the best interest Of the corporation
in this whole matter. l did not know who were
elected at the last election. 1 looked at the
question only in regard to its legality.
President Cotton then said have no DISPOSE
ton to discuss the point. The warning voice of
the City Attorney, elected by the two Boards, in
whom all have confidence, tells us that there is
danger ahead, and yet we persist in going on,
when we have a man in whose legal ability we
have confidence. And why is it? The election Of
A. b. or C. D., the other night, amounts not to a
feathers weight in estimation, as far as the
weighty questions before these Boards are con-
cerned. We may be plunged into innumerable
suits that will eventually bankrupt this whole cor
poratiOn. Around the admission Of territory it is
necessary to throw every safeguard that it is pos
slble to do Why do gentlemen refuse to let these
safeguards be thrown around II seemsstrange to
me that legal gentlemen on this floor should con-
tend that the territory is laid out by the territory
Where is the gentleman this floor who will pre-
tend that the Sheriff gave twenty days notice.
defining the boundaries of the territory described
in the last petition that came to us? 1t is plain
that the citizens have not voted for the admission
Of the Ninth Ward; with its present boundaries.
| went on the other night and as the President
of the united Boards (Chcatham) stated while |
ago did not insist on opposing tho thing but [ |
had my doubts in regard to the legality of ad-
hitting those gentlemen. desire to place myself
right for the sake of justice but don't desire to
cast a fire brand into this body. / do not argue |
this thing for tho purpose Of affecting the election
held the other night, but simply on the ground Of
its justice; on the ground that we have the City
opinion. No gentleman on this floor |
will contend that he has not the legal ability to |
give decision on this question. 1t was never |
made the special duty Of any one to call on the |
City Attorney, and | will clear him of that. 1t |
was n sort Of unanimous consent around the room,
but no ono was appointed to call on him and
hence met here without the opinion of the
City Attorney, and went ahead blindIy. 1t is my
fault, and it is your pointing to Pres. Cheatham)
fault that we did not call upon him for his legal
opinion; it is the fault Of each member.
The Mayor here arose and said:
Mr.. President and Gentlemen: We are here in
convention, and as Mayor of the CITY, and as there
is but one lawyer in the two Boards we met and
elected two attorneys for tho city, to gain their
legal advice and opinion. / have every conf
ience in Mr.. East-as much as in any man in the
State Of Tennessee-and l am for right. l don't
think there is any reflection that can be cast upon
IS for | signed the bill and thought it was right,
and thought that Mr.. East had been consulted,
DUt never had consulted him. | am in favor of
abiding by the decision of the attorney for the
city.
Mr.. East said: II was represented to me that
I'll the papers were properly made out Invent on
he supposition that there had been no subsequent
hange Of boundary; but when | went to the
herif yesterday, for the first time | discovered
hat there had been a change in the boundary.
The following resolution was here read, merely
o test the sense of the Convention
Rcsolrcd, That the election, held on Thursday
# members from the Ninth Ward, is null and
-oid.
President Cotton suggested that the convention
djoum to separate rooms, for the purpose of tax
his was decided afirmatiyey, and, Board of Al
crmcn withdrew to their hall.
COMMON COUNCIL.
Mr.. Duncan, of the Fifth Ward. offered n reso-
ltion presented during a former part of the pro-
ceilings and not acted upon, that so much of the
ction of the Board, at its last meeting as relates
0 the territory in question, be reconsidered.
Mr.. Yarbrough here moved to receive the mes
age Of the Mayor, and the opinion of the City
ttorney. which was carried and then the reso-
alton offered by Mr.. Duncan was acted upon.
he ayes and noes being called for, the result was
; follows: Ayos-IIorn, Duncan Yarbrough, Ed
ards, Woodfn, Scott, President Cotton a. c
ocs-Graves, Ambrose, Brien, Haslam Hagey
aley, o. 7
The motion was declared to be decided in the i
firmative. q
On motion, the Board then adjourned to i
clock on next Monday evening d
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R oCHEDISGs AND DEBATES OF THE TENNEs- :;
sE LEGISLATURE FOR 1S59--60-A valuable his
'rical work, containing 623 pages, well bound.
few copies can BIO had by applying at our
,unting room.