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


by the Governor, with the consent of tn,
Senate, one for four years, and one for si7
years, and one for eight years, with power {,
the Governor to fill vacancies. Thes,
! Commissioners were to determine their re
spective terms by casting lots, and we're Z,
file certificate of the result with Secretar,
/ of State, and then they were to be commits
stoned by the Governor.
One Of said Commissioners was TO b,
denominated by the Governor Superintend.
/ ing Commissioner, one Financial Commits
sioner, and the other Clerical Commissioner
The experimenting Commissioner was t.
| be executive head of the entire metropolitan
Police force. The Financial Commissioner
was to have the management and disbursina
Of the money; though by another clause
the money goes to the State Urea
suTy, and the Clerical Commissioner
was to perform clerical duties. The
whole TO constitute a Board for the gov
eminent Of the district, with large powers.
with one hundred policemen for the city Of
Memphis, and as many more as the Commits
sloners might dean necessary, with power,
also, to appoint other patrolemen for other
places in said district. These patrolemen
were TO be under the immediate control of
three Captains and four Sergeants, appointed
by said Commissioners; the Captains at a
salary of 81, 900 each, and the Sergeants at
a salary of 81 400 each, and the patrolemen
at a salary Of 81 200 each, per annum, and
to hold their offices during good behavior
The experimenting Commissioner to have a
salary af $1,000, and each of the others a
salary Of $500. The 11th section of said
bill is in these words: The Board Of Po-
lice may, upon any emergency or apprehen-
sion Of riot, appoint as many special patrol
men, without pay, from among the citizens
as it may deem advisable, and may appoint
as many special patrolmen for service on
any election day as they may deem neces-
sary, and shall pay three dollars day to
each of said special patrolmen who per-
forms his duty faithfully on election day"
The police force is to have the power of
constables all over the State, and the Mayor
and Aid ermen of the city Of Memphis are
required TO provide quarters for this police
force, as well as for all prisoners, and the
entire expenses Of providing said quarters
and fitting them up, and warming them, fur
Dishing stationery, lights, badges, paying
lawyers fees, and appropriations generally,
are to be borne by the people of the district.
The commissioners, with comptroller Of the
city of Memphis are to make the estimate of
their expenses, and the County Court of
Shelby county is empowered and directed to
levy tax annually upon the people of said
district, or county to support the Metropoli-
tan Police as established.
The entire amount of money, however,
(raised as afCresaid) to go, or be paid into
the Treasury of the State. Al power pre-
viously granted to the city Of Memphis to
organize and keep a police is withdrawn,
and the office of Recorder is abolished, and
then as hereinbefore stated, all the rights,
powers and privileges granted to est lblish a
Metropolitan Police District for the city of
Memphis and county Of Shelby are extended
to thecity Of Nashville as hereinbefore stated.
Complainant now charges that the making
of one hundred patrolemen for the county of
Shelby, with the power of constables all
over the State, is in conflict with the pro-
vision of the Constitution, which provides
that there should be two Justices Of the
Peace and one constable elected in each dis
trict by the qualified voters thereof that the
direction to select one constable for each
civil district in the county by implication
forbids greater number, and the provision
directing such constable to be elected by the
qualified voters, by implication forbids the
appointment of constable any other way,
and that the provision extending the juris-
diction to the limits of the county, by impli-
cation forbids that a constable shall be
created for the whole State, and if it was
competent to appoint constables, or patrole-
men with the power of constables, in par
ticular county or town for the whole State
the county or town could not be compelled
to pay the expense of such a force, it would
not be 4 county or corporation purpose.
Complainant now expressly charges that
this act or bill was not passed by the Legisla-
ture so as 70 become a law if it was other
wise valid
It is charged that the bill passed the lower
house as applicable only to the county of
Shelby and city of Memphis that in the
Senate it was amended so as to embrace
Nashville and Chattanooga, and which was
making a new bill In this shape it was re-
turned to the lower house, where the bill
was irregularly and illegally passed without
being read, and without the members gener-
ally knowing what adbeen done, is believed
upon information.
Complainant, therefore, expressly charges
that this bill, which is of more importance to
the people of Nashville than any law ever
u
embracing and being applicable to Nash
vile, was not read three different times, or
three different times on three different DAYS
in the lower house; that it was not read at
all, and that it was irregularly passed with
out being read, and that it is a nullity
Complainant charges that at the time of
passing this bill the body of men who pre-
tended to pass il had ceased to be a Legisa-
D. u 8
or majority of them, many of the counties
in the State, and Davidson county among
the number had been denied the right of
representation in the Legislature; that CAVE
JOfISoN, JOHN +. THOMAS, WEI. SIMMONS,
w. b. LEWIS, A. j.. GARRET, and various
other members who had been duly and con-
stitutionally elected, and about whose cleo
ton and qualifications, as these terms are
used in the Constitution, there was no contest,
were by the usurpation Of said body, and by
the illegal and revolutionary action of said
body driven from the Legislature, to which
they had been properly and constiutionally
and rightfully elected, and sent as Senators
and Representatives; and therefore, conf
plainant expressly charges that after the
people in many parts Of the State were de-
MED the right of representation in the Le-
blsldAutNt tliC ttllou VI Sdlu ludloIltD WIS
not and cannot be binding upon the people of
the State as the action of legislative body,
and therefore said act Of the said body and
which purports TO be an act of the Legisla-
ture is nullity.
After this bill was passed in this way,
and not otherwise, it was found to be so seri-
ously detrimental to the interests of the dis
tricts for which it was intended, that it be-
came certain that notwithstanding the au-
lucrative language Of the act, the corporate
authorities, which were supposed to be re-
quired TO do it, would not levy tax as COM
manded and therefore the act could not be
executed. The Legislature having ad-
iouned over until the first Monday in No
venber, the Governor, by proclamation, not
withstanding the time of injecting was fixed
by the adjournment, undertook TO convene
the Legislature in extraordinary session, on
the 4th Of July, 1866, and portion of the
members under said proclamation did come
together, and they pretended to pass an
amendment.
The first section of said amendment rein
states the. Recorder Of Memphis, Nashville
and Chattanooga, and continues them in
Office until the Commissioners under the first
named act are or shall be appointed and
qualified, and notify said Recorder
The second section provides that section
Al Of the act aforesaid be so amended that
all the rights, duties, powers, requirements
and privileges granted and imposed upon
Memphis and she county Of Shelby, be and