Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-08-02
PoLICE.
Action of the City Authorities.
INJUNCTION APPLIED FOR AND
GRANTED.

The municipal authorities having deter
mined to test the constitutionality Of the Me
tropoliian Police laws, which assume L
deprive the people Of this city Of the con
troll Of their municipal affairs, and vest ex
traordinary powers in appoiHtees Of the
Governor, on Thursday fled the following
bill before Chancellor DAVID CAMPBELL
for a writ Of injunction, restraining said ap
pointees from proceeding until the question
at issue can be judieially decided. On yes
terday morning the Chancellor granted the
injunction, and the writ was promptly issued:
To the Hon. David Campbell. one Of fIIe
ChaneeIIOrs Of the State OrTenDessee-
who presides NJ Nashville ia said
State;
Your complainant, corporation and body
polite, the Mayor and City Council OF the
city Of Nashville, would show unto your
Honor, that by an act Of the Legislature OF
the State Of Tennessee, passed on the 18th
day Of February, 1856 entitled an act to
reduce the several acts Incorporating the
town Of Nashville into one act and 10 amend
the same" the inhabitants Of the city Of
Nashville, as it was then extended and laid
out, we're incorporated.
This act was amendatOry Of the several
acts passed for the purpose Of incorporating
the city Of Nashville, commencing with the
act passed BY the Legislature Of North Caro-
lima, at the April session in 1884, and was
intended, as the title to the act shows, to
reduce the several acts incorporating the
town Of Nashville into one act.
By said law and the various laws which
IL is amendatory OF, it is provided that said
corporation, by the name aforesaid, shall
have perpetual succession, shall sue and be
sued. plead and be implicated in all courts
Of law and equity, may purchase, receive
and hold property, real and personal within
the city, and may sell, lease and dispose Of
the same etc. 1t is further provided that
there shall be elected by the qualified voters
Of said city, a Mayor, Board Of Aldermen
and a Common Council: the Board Of Al
dermen TO consist OF one member from each
Of the wards Of said city, and the Common
Council TO consist Of two members from each
Of said wards, all to be chosen by the quail
fed voters Of their respective wards, and
which Boards in their Joint capacity are de-
nominated "The City Council" and hence
bv a subsequent law the name Of the corpO-
ration has been changed to that Of Mayor
and City Council. Among the duties I'M
posed on the City Council is that of proyid-
ing for the appointment or election in such
manner as they may see fit, all necessary
officers and police for the good government
of the city, and to fix the salaries of such
officers and policemen before their appoint
ment and election, and which salaries by the
terms Of the law are not TO be increased or
diminished during their term Of office.
By the laws aforesaid it is made the duty
of the Board Of Mayor and City Council to
elect a Recorder who shall serve for one
year.and until his successor shall be appoint
ed. Under said law it is the duty of the
Recorderto keep the accounts Of the corpora
tioh and 10 open and hold a court in the
city every day, for the punishment Of violat-
ors of corporation laws, and with the powers
and duties of a Justice of the Peace.
Under these various laws, the offices Of
this corporation have been administered
through officers chosen by the people for
more thon seventy-fiye years, and during
which tine, and under whose administration
the officers of the city have been reasonably
prosperous, and from small town the pOpu-
Iation has increased until it now numbers
more than -- thousand people.
The leading features Of allthe laws passed
in reference to said town OF city since 1901,
is, that the people of said city are all allowed
to control their own affairs, and the govern
ment of the city has therefore been repub
hcan IN form, sometimes controlling its own
affairs through Commissioners" sometimes
through Board Of Mayor and Aldermen,
but in every case said public officers have
been the servants Of the people.
During the whole period, the citizens Of
Nashville have had an eve to their city gov
eminent, and have invested large sums of
money in buying and improving property
because they felt safe 10 have property under
the municipal government of a city which
was republican in form. Many millions
have been thus invested which would not
have been so invested if it had been known
or believed that the fundamental principles
of the government were to be so changed as
to take away the republican features and
devolye the entire government of the city,
including the administration Of justice, levy
ing and collecting taxes, upon the Governor
or his appointees. The people of this city
have not only thus bought and improved
property to the amount of many millions,
but for the purpose of improving their
Streets making water works, and organizing
FIRE companies, they have contracted heavy
debts which are still unpaid; besides, they
have subscribed stock to railroads and con-
tracted loans for the purpose of paying the
same, which loans have not been paid, all
of which Indebtedness, created by the volun
tarv action Of the people, and which amounts
now to ut least 100000, is now practically
mortgage on their property, being con-
tracted by the city authorities in their cor
porate capacity.
This heavy burden was voluntarily as
sumed by the people Of the city, and their
property thus encumbered upon the faith Of
q continuance of their chartered privileges,
and especially that great leading feature Of
managing their own affairs through their
own selected agents and therefore, COM
plainant claims that it, as well as the people
of the corporation, has vested rights in the
future government of the city.
On the - day Of january last, the Mayor
and City Council, as,they had a right to 10,
contracted with various parties to act az
city police force for twelve months Said
parties claim the benefit Of this contract. and
insist that they cannot be disposed Of without
their own consent until their time is ont,
and in this view the Mayor and City Coun-
ell concur believing that even the Legisla-
ture cannot annull a contract fairly made in
strict conformity with the law as it existed
at the time
So with other officers, including the Re
corder, who is now in office, histime having
not yet expired, and having been in office
at the time of the attempted passage of the
laws hereinafter referred to.
The affairs Of the city by the present COZ
porate authorities, have been closely looked
after, and are now in good condition, so far
rs order and the protection of the citizens
are concerned; the city being as free from
crime and as well governed as it is possible
20 have il, and this was so az the time of the
pretended passage of the act hereinafter re-
ie=rcd 70, as was admitted by the members
Of the Legislature who passed it through
that body.
The parties who contracted as policemen
are generally doing duty so well that the
peace and quiet of the city, as well among
the inhabitants of the city as among strang-
ers, is a matter Of general notoriety, and has
been constantly approved by the military
Authorities in command al Nashville.
Your complainant would now show that
notwithstanding all these things, the Legis-
lature of the State Of Tennessee in defiance
ofthe most earnest protest Of the corporate
authorities. and the people, and in utter dis
regard of public sentiment by two separate
acts, as they appear one in the pamphlet
acts, and the other in the newspaper, a copy
az Az hf.1, T. la-s ~ fl,a f4,urf ehnrvr, r,1