Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-10-05

The said act of 25th February, 1867,
section l, provides that "every male in
habitant of this State, of the age oftwenty-
one years, . citizen of the United States
and resident Of the county wherein he
may ofier his vote six months preceding
the day of election, shall be entitled to the
| privilege OF the elective franchise, subject
to the following exceptions and disouaiif-
cations, etc" This section does not state
that every male inhabitant of the State.
| twenty one years old, citizen Of the United
States and resident Of the county wherein
he may offer his vote six months preceding
the day Of election, shall be entitled to
vote IN any particular named election. but
ii vests that class Nth the prieileqe of The
electric franchise; but by section 5 of that
! act, it is provided as follows: "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 this State, unless he shall have been
registered, and shall have received a GER
tifcate thereof as provided in this act"
The two sections taken together may
justify the conclusion that negro who is
male inhabitant of the State, twenty-one
| years old, citizen of the United States,
| and resident of the city for six months
| preceding the late election, if not other
wise disqualified, is entitled to vote if he
be 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 acertifcate thereof, as
provided in this act" wonld seem to imply
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 16, provides
that every Wtite 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 20 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 such
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"
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. .rfr.s. .fEs.s
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.
1t is admitted in the argument that the
franchise law has changed the law of1S58,
so far as the qualification of voters is cons
cerned, to this extent, that every voter in a
city election must be registered voter
under the laws of the State 1 will reserve
the question as to what extent the franchise
law has affected the charter of the city of
Nashville, with the remark that if the
hdhChASS law Ido WORKED C0duge IN LDe
provisions of the city charter in the respect
above indicated, (and not solely by impli-
cation as suggested in the bill,) 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 1858, which had conferred the appoint
ment of judges in city elections on the
corporate authorities
The language of the franchise act OF
1867, is, that the judges and clerks of off |
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) |
Sheriffs." 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, bat |
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, / am con-
strained to refuse the injunction.
HORACE H. HARRISON, Chancellor.