Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-08-02

/ and privileges granled ana imposed upon
Memphis and the county Of Shelby, if it
confers any power to levy and collect taxes,
confers il upon the County Court, which can
not be done for an incorporate town.
3d. This provision cannot be executed,
because by the first act estimates or assess
meuts are to be made for levying the taxes
by the Commissioners, and the City Comp
troller of the City Of Memphis Jointly.
But the general provision comforting ali the
rights, powers, duties, requirements and
privileges upon Nashville that had been
conferred upon the county Of Shelby and
City of Memphis, is nugatory upon the sub
iect Of making estimates or assessments,
there being no such officer Of the city as
Comptroller, and therefore no one to Join
with the Commissioners in making the esti-
mates.
4th. Taxes cannot be levied and collected
by implication, and neither the amendment
nor the original law in terms authorizes the
city Of Nashville as an incorporated town
to levy and collect taxes.
9Th. The provision for paying the money
into the State Treasury makes the money
arising from these different corporations a
part Of the general fund of the State, or at
least makes the whole one fund for Metre
politan Police purposes in the hands of the
Trearurer, and which destroys all idea of the
money being for a corporation purpose I'M
der the Constitution, because money cannot
| be collected from the county Of Shelby for
| the city of Nashville, nor from the city of
! Nashville for the equity of Shelby, under
! the provision Of the Constitution comforting
/ upon the Legislature power to authorize the
| counties and incorporated towns in the
State to levy and collect thus for county
and corporation purposes, under this pro-
vision of the Constitution each corporation
must do business for itself
9th. The provisions which require the
| State Treasurer to GtUanee such sums of
money as shall be actually necessary for the
maintenance of the Metropolitan force of
| the several districts, out Of any money not
otherwise appropriated, in case said district
shall refuse to make the assessment asked
for by said Commissioners till such claim
can be collected by virtue Of said act it is
| nullity, no appropriation having been made
as complainant is informed. The attempt
to advance or lend the money until it was
forced out of the corporation aforesaid, is in
violation of one Of the plainest and most
valuable provisions of the Constitution, to
wit that "no money shall be drawn from
the treasury but in consequence of appro-
priations made by law, and an accurate
statement of the receipts and expenditures
Of the pnblic money shall be attached and
published with the laws at the rise of each
stated session Of the General Assembly"
eth. The provision of the act compelling |
the Metropolitan districts to levy the taxes
and coercing the same by pre-emptory man |
damus in the first instance, and by imprison- |
ment for disobedience to the mandate of the |
writ, and requiring the writ to be issued by
particular Judge, and forbidding any in
junction to restrain it as in violation of at |
least three different provisions of the organic |
law.
First, That cruel and unusual punishment |
shall not be inflicted.
Second, That the courts shall be open
for the administration ofjustice without sale, |
denial or delay, and
Third, That the power given to the Gen |
eral Assembly to authorize the several
counties and incorporated towns in this |
State to impose taxes for the county and |
corporation PURPOSES respectively in such |
manner as shall be prescribed by law, does |
not authorize the Legislature to command |
tax to be levied for county or corporation |
purposes. The Legislature may levy taxes |
for State purposes but such taxes must be |
equal and uniform throughout the State; |
and in reference to taxes for county and cor
poration purposes the Legislature can con- |
fer the power, but cannot impose the duty |
of levying such tax upon the county or in |
corporated town. The county or incorpo-
rated town is made the Judge of the necessi- |
ty and propriety of levying the tax, and |
neither the Legislature nor any court can |
compel them to do it; and such county or |
incorporated town is to determine for itself |
whether it is for a corporation purpose.
They can only levy such tax for county !
and corporation purposes, and not for any |
other purpose; and complainant submits |
whether the organization of these Metropoli- |
tan Police districts, with all the new and
radical powers, both military and civil, as
well ministerial as judicial, can be county |
or corporation purpose. Complainant in
sists that this is a military organization and
was so intended, as the bill upon Its face
shows. That the object was to strip the
people of all power and to take away from
the people the means of protecting them
selves against the usurpations which are con-
templated and especially it intends to over
awe and control the ballot-box at the point
of the bayonet if necessary and, therefore,
it is not county or corporation purpose
Complainant expressly charges that the
amendment aforesaid, and what purports to
have been passed on the oath day of July,
is a nullity, not only because the body was
still holding out and refusing admittance to
large portion of the peoples Representa-
tives and Senators, but because of the mode
of its pretended enactment, the history of
which is as follows:
For many days after the members afore-
said came together under the Governors
proclamation, there was DO quorum in the
/ = =
there was such a quorum, and therefore, the
Legislature was not organized and did not
claim or pretend to be organized. While
the Legislature was in this unorganized con-
dition the Senate assumed to transact business,
and caused to be introduced what they called
Senate Bill No. 2, and which they pretended
to pass on the first reading, on the 10Th day
of July, and on the 18th Of July they pre-
| tended to pass Senate Bill No. 2 on its Sc
cond reading, there being still no quorum in
| the Lower House, and no organization ofthe
! Legislature.
| On the 24th Of July the act which was
] published, and which is referred to above as
/ the amendment, was introduced in the Low
/ er House, and passed as was claimed, its first
reading, but there was then no quorum in
the Lower House, there being only fifty
| four members present, two others being by
force held as prisoners by the majority in
another room Of the Capitol, but not being
| present, the House having at no time up to
this period had quorum. This was upon
! the first reading.
In the same way it was passed a second
/ and third reading, but whetherwith or with
out quorum is not known, and it was sent
to the Senate. The Senate assuming that
what they had done in reference to
Senate bill, No. ,, before the Legis-
lature was organized, had prepared
them for passing that bill on its third
reading, and assuming this, the House bill
on what was called she third reading of
Senate bill No 2, was adopted in let. The
! error of which lies in the fact that the Sen
/ ate bill No , was not upon its third reading,
| because every thing done before the Legs
| lature was organized was merely void.
Under these pretended laws three persons
! have been appointed Commissioners, and who
were appointed before the amended bill pur-
! ports to have been passed. Two Of whom
are comparative strangers, though they pre-
! tend to be citizens. The appointment Of
! these strangers has increased the appre-
! hensiOn Of the people that the whole thing
| Is but military scheme.
These Commissioners are rapidly organ
/ iZing or irving TO organize their forces. They