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

Conferred by tfs IncGrpOrafion-Ehe
BIN Filled for an InIunetiOn-The
Legal aspects of the Late ImbrogliO
The Record.
The following is the bill Of complaint Of
Mayor Brown and others rs A. E. Alden
and Others, fled to vindicate the chartered
rights of the people of Nashville: ~
THE BILL OF COMPLAINT.
T,fhe Hon. Horare H. Hryrison. Chancellor, etc..
holding ths CBGncs,B Coairf at Aasspae. ~
The bill of complaint Of the Mayor and City
Council Of Nashville. a municipal corporRfion
chartered by the General Assembly Of
the State Of Tennessee, and Of w. Matt
Brown, Mayor Of said city. and John Caltart
L. Graves Jos; Ambrose, Pat Walsh, X j.
Morris. q. II. Reid. VIM. Hagey, Jno Haslam,
A. J. Duncan, Jne. hsllyett, A. 5. Edwards, J.
w. Wilson, Isaac Pau, M. D. Howell. b. s.
Rheea G n Winston. M. Y. Cotton, ThOs Hud
son, Fred. LaitenbergeF. G. Moore, members Of
the City Council; and Of Robert Thompson
George 5. Kinney, james Sloan. A. ID. Creigh-
ton, X; b. Cheatham. James HayEie. james
A. Chiffon. c. A. BrOdie Charles kircher NJ
ID. A. Nolen. member of the Board Of Alder
men; and r. 9. Foster 3D.. Recorder of said
city, aud Rufus Henry. Treasurer who in their
Official capacity, and also as citsZens aud pro-
perry holders ofsaid city, file this bill for them
selves and all other persons, citizens and
property holders. who may GENE IN and make
Themselves parties com lainsnt5 gs. A. =. Al
Adolph Nelson. W. w. W oedmansee. II. Smith.
Wilson Kinney, W. J. Cochran, NJ G.. Thayer,
j. b Knowies, A. b. shankiand. j. G Ogden.
II. Thornberg. Pratt, 4. }. arbr9ugh, Allen.
y. Barcheit, Jas. Griffin, NJ. Donaldson, J.
p. Mitchell, ID. Brien, j. Mclaughlin, 0sten
2. Coyle. Mckee. Grant. Craner.
And, thereupon, your orators complain
and say that at the April session, 1884, OF
the General Assembly Of the State ofNorth
Carolina. of which State the territory com.
posing the State Of Tennessee was then a,
part, il was enacted that certain. persons
designated as directors and trustees, or a
majority Of them, should, as soon as may
be, after the passage of the act cause two
hundred acres Of land, situate on the south
side Of Cumberland river, at a place called
the Bluff, adjacent to the French Lick, 10
be laid off in lots of one acre each, with
convenient streets, lanes and alleys, reserv-
ing four acres for the purpose OF erecting
public buildings, on which land so laid off
according to the directions Of the act, as
hereby constituted, erected and established
atown," 10 be called and known by the name
of Nashville, in memory OF the patriotic
and brave General Nash. That the said
lands were accordingly laid off as directed,
being the lands on which the present city
acts we're subsequently passed by the Gen.
eral Assembly Of the State of Tennessee,
after said territory had been erected into a
separate State, carrying out the purposes
Of the original act, and, from time to time,
adding TO the powers conferred upon the
town. Afterwards, on the lth of Septem-
Der, 1906, the General Assembly, by act of
that date, constituted the town OF Nash
vile, and the inhabitants thereof, body
polite and corporate, by the name of the
Mayor and Aldermen Of the town OF Nash
Vile, accompanying the act b. the follow
ing preamble: Whereas, IL is found by
experience that the good order, health,
peace and safety of growing towns cannot
be preserved, nor the evils and accidents to
which they are subject, avoided or RENEE
died, without an internal power competent
to establish police, and regulations fitted
to their particular circumstances, wants
and exigences." The incorporation then
made. under the name and style
aforesaid was followed BY the eK-
press provision that the corporation thus
created should have perpetual success
sion" The act then provided for the an
nual election Of the Mayor and Aldermen,
bv the "citizens Of said town and such as
possess real property within the samep
Various amendments and alterations of the
charter, not impairing, but in flrtherance
ofthese fundamental provisions, were made
10y subsequent Legislatures, and were ac~
cepted by the corporate authorities and
the corporation. Among others, an act
WAS passed on the third Of January, l84S
entitled an act 10 reduce the several acts
incorporating the town Of Nashville in one
act, and TO amend the same BY the Sth
section of this act, il was provided: That
the General Assembly may, at any time,
alter, amend or repeal this charter, and the
same is hereby declared 10 be a public law,
and NAV he read in evidence in all courts
without proof or special pleadings" Sub
seouently, the General Assembly, by act
ofthe 9th Of February, 1850, as If conscious
that the power Of repeal thus reserved was
preiudicial 10 the vested interest OF the
corporators and Others, and by the Sd
section OF said act, expressly repeats the
Sth section of the act of lS4S BY the
18th section of the act of February is, 1858
il was provided that There shall be
elected by the qualified voters of said city,
Mayor, Board Of Aldermen, and Board
Of Common Council. The Board Of Al
dermen shall consist of one member from
each Of the wards of the city. The Com.
mon Council shall consist of two member.
from each of said wards chosen by the
qualified voters of their respective wards
which boards, in their joint capacity, ar,
denominated "The City Council" An,
by a subsequent act of the Legislature &C
cepted by the corporation, the corporal,
name was changed TO the "Mayor anC
81 e Ia ha aaf 4.
1855. section Is, lust quoted FROM furthe
provided. "No bill shall become a Law
without first being passed on three sew
eral readings by a majority vote of both
Houses, and be signed by the Mayor. NJ
person shall be eligible to either the Office
of Alderman or Councilman, unless he be
citizen Of the State Of Tennessee, bono
id, citizen ofthe city, and freebooter il
the ward for which he is elected" By
section IA it is provided that: " The Mayo
shall be elected by the qualified voters O
said CITY, and shall hold his office for on,
wear. and until his successor shall be electe'
and qualified. No person shall be eligible
10 the ofice of Mayor who is not a ciIizei
ofthe State Of Tennessee, and who has no
been citizen of Nashville at least tw
wears Immediately preceding his election
and the possession OF ueehoiu e.late II
said city of At least of the value Of ive hun
dred dollarsr The CITY Council are at
thorized to provide for the appointment Q
election, in such manner as they may sc
dt, Of all necessary officers for the good gov
ernment Of the city, 20 fix their compensa
ton, etc By what purports to be the lot
section Of the same act in the last compilS
ton Of city laws, but which is, in reality
perhaps, provision of the act Of the lSt
ofFebruary, 1853, it is provided as follows
That an election for Mayor and Aide
men and Common Council shall be hel
in each ward of said city, on the last Sal
urdas in September, in each and ever
year The voters shall vote by ballot
every white male of the age of twenty-or
wears and upwards, being entitled to vol
bv the laws OF this State, who shall hay
resided within the city six months me-
preceding the election at which he ms
offer to vote, shall be entitled to vote, b,
only in the ward where he resides. Ne
residents owning freehold in said cit
being qualified to vote for members Of Il
General Assembly Of the State Of TIE
nessee. shall be entitled 10 vote in Il
v-srd where their fre, hold is situated. Al