Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-10-06

justify the conclusion that negro who u.s.
male inhabitant of the State, tEentyrone
years old, citizen of the United States,
and resident of the city for six menths
preceding the late election, If not other
wise disqualified, is entitled to vote if he
be a registered voter, because the very pro-
vision which declares that no person
shall be entitled to vote at any State
county, district or municipal election, or
any other election held under the laws of
the State, unless he shall have been regis
tered and shall have acertifeate thereof, as
provided in this act, would seem toimply
that it was intended that all persons should
be entitled to vote in such elections respect
lively if they were thus qualified. % =
The amended charter Of the city of
Nashville, act of 1858, section Is, provides
that every tehite male of the age of TWEEN
ty>one years and upwards, being entitled TO
vote by the laws of this State, who shall
have resided within the city for six months
next preceding the election at which he
may offer to vote, shall be entitled 70 vote,
but only in the ward where he resides.
Non residents owning a freehold in said
city being qualified to vote for members Of
the General Assembly of the State of Ten
nessee, shall be entitled to vote in the ward
wheir their freehold is situated and sneh
persons owning real estate in more wards
than one, he or they may elect in which Of
said wards to vote, but shall not be allowed
to vote in more than one" "a .s 49, .s'.
These provisions of the franchise law
and of the amended charter of Nashville
are evidently in conflict The franchise
law is a general public statute, binding
upon every member of the community
throughout the State. As such it is the law
of the land.
The charter of the city Incorporates and
establishes public municipal corporation,
and the ablest writers agree that in respect
to public or municipal corporations which
exist only for public purposes, as counties,
cities and towns, the Legislature, under
proper limitations, have a right to change,
modify, enlarge, restrain or destroy them
securing, however, the property to the use
of those for whom it was purchased. b..
! 1t ia admitted in the argument that the
franchise law has changed the law of 1858,
80 far as the qualification of voters is cons
cerned, to this extent, that every voter in
city election must be a registered voter
under the laws of the State. will reserve
bne question AS 10 what extent the franchise
law has affected the charter Of the city of
Nashville, with the remark that if the
franchise law" has worked change in the
provisions of the city charter in the respect
above indicated, land not solely by impli-
cation as suggested in the biIl,) it may be
also that the provision in the act of 1867,
concerning the appointment of Judges and
Clerks of elections, has in its general
operation, in like manner changed the act
of 1853, which had conferred the appoint
ment of Judges in city elections on the
corporate authorities. "a l---...-
The language of the franchise act OF
1867, is, Chat the judges and clerks of Glf
elections shall hereafter be selected and ap-
pointed by the Commissioners of Registra-
ton in each county, in the same manner
and governed by the same rules and laws
heretofore provided by law, comforting the
said selection and appointments upon by
Sherifs" Municipal elections having been
mentioned in the body of the act, the COM
prehensive expression of all elections would
seem to indicate that the Legislature in
tended to include municipal elections, but
there is some ambiguity in the latter part
of the section. Upon the whole case, so
far as it is necessary to consider it, for the
purpose of this application, l am con-
strained TO refuse the Injunction.
HORACE II. HARRISON, Chancellor.