Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-07-02
SUPREME COURT DECISIONS.
May Term at NEUTRALITY-SUSPICIOUS. for
the Bar, by III. q. King, Esq.

Lynch %. Loaand, Msyor-from Memphis Chan
Gerry. Bill f led ty Lynch TO eni0in the Mayor
and Aldermen Of Memphis from interfering
with hnH in the exercise Of his duties City
Physician for the fortieth corporate year
By the charter this officer is required to
be elected annually, and as soon as pTacti-
cable after the general election for Mayor
and Aldermen, which by the charter is
required to be held on the last Thursday
Of June in each year. This election was
not held at the regular time for the fortieth
corporate year, but vas postponed in conse-
quence Of the passage Of the act known as
the franchise law, passed on the Sd of May,
1866, until the registration Of voters re-
guired by that act could be completed and
reported to the Governor, who was then to
issue bis proclamation and writs Of election
10 ill all vacant Offices. Under this act
the Mayor and Aldermen were elected in
October, 1866. But prior to that ii me the
board elected for the thirty-ninth corporate
year, holding over until their Successors
should be elected ard qualified, in July,
1866, elected the plaintiff Lynch City Ply
stefan, and he qualified as required by
ordinance and was regularly indicted into
Office. The new board came in, and by
resolution adopted by more than two-thirds
of the body, declared this and other Offices
vacant, and thereupon proceeded to elect
DIR. Woodward as City Physician in place
of Lynch, DIR. Warner was the City Pbysi-
clan, holding under the old board. The
Chancellor declared Lynch 10 be entitled
10 the Office for one year from his election
by the old board.
Per Curiam.-By the city charter the
Aldermen are elected by the qualified
voters Of the respective wards for one year.
The Mayor is elected by the voters of the
city, and also holds his Office for one year.
The Recorder, Whsrf-master, Chief of
Police, Tax Collector, etc, are in like
manner elected for one year. and hold their
Offices until their successors are elected and
qualified. In addition, the charter creates
certain other enumerated offices, such as
City Register City Treasurer, City Engi-
neer, Inspectors, etc, whose terms of Office
are 10 be prescribed by ordinance. These
officers are elected by the Board of Alder
men, and hold their offices until their sue
cessors are qualified The charter also
provides there shall be such other officers
and agents of the corporation as may be
provided by ordinance TO be elected by the
Board Of Aldermen, 10 perform such duties
as may be prescribed by ordinance" Under
this provision Of the charter, it seems, an
ordinance was passed creating certain Off
ces and prescribing the duties, rights,
powers and appointment Of the same;
among which are City Comptroller, City
Register Street Commissioner, Treasurer
Engineer, etc, all of whom are TO be elected
by the Board of Aldermen, and TO hold
their offices until successors are elected
and qualified, unless sooner removed
The Office Of City Physician does not
appear under this ordinance to have
been created bat afterwards this Of
fee is created by an ordinance somewhat
similar 10 the one above cited Ii provides
that the City Hospital Physician shall be
annually appointed by the Mayor and Al
dermen that he shall be responsible TO
them aud hold his Office for one year, and
until his successor is elected and qualified
bat may be for good cause dismissed by vote
of the board. These several Offices, as well
as those created by the charter above al
luded TO, are 10 be filled by the board, as
soon as practicable after their election and
organization, on the nomination of the
Mayor; and the officers thus elected con-
tAAAhN ~ bAAANN ANA bAN NNaAs anu NilAAl AlEll
successors are elected and qualified. unless
sooner removed for good cause and in the
manner prescribed by ordinance. 1t is
proper 10 remark that the charter author
izes special elections TO be held to fill va
Csncles In such Offices "a are created by
charter until the next regular election
and such as are created by ordinanceunder
authority of the charter are filled as de-
clared by ordinance for the remainder OF
the corporate year" The charter also pro-
vides for the removal Of any person
holding Office under its provisions from
office, by a vote Of two-thirds of
the Aldermen. In this provision of
the charter no cause of removal
seems 20 be required 20 be assigned.
The Mayor may be removed by
vote of two-thirds of the Aldermen for a
misdemeanor in office. The charter day Of
election is the last Thursday in June of
each year. bat, as we have seen, the regu-
lar election was postponed until after the
registration of voters and proclamation by
the Governor. and was held on the 18th Of
October, 1866. The passage OF the fran
ohise act, while IL does not in terms repeal
or modify the city charter, had the practi-
eel effect 20 change the charter day Of cleo
lion. and to that extent worked a modiica-
ton of the charter Whether this change
be permanent or temporary, direct or in
direct, il will not be questioned that the
Legislature has the power 30 charge, alter
or repeal the charter Of public municipal
corporation at pleasure. Governor rs Nc
Even, Hum, 2SS Daniel rs. Mayor Of
Memphis, II Hum, 532 Aug. 4 Ames on
REn - .avarafhxr staar
that the failure 10 elect on the charter day,
even under the principles of the common
law, IA we'll as our own decisions and stat
utes, did not take away from the corpora
ton the right.to hold the election aiterward,
when the annual election day has passed
by, and no election had, without fraud or
design, asin this case. . Kent, 295; Nashville
Bank ~. Petwsy, 3 Hum, 30; Code, sections
l4Sl-l365-lS3S. Under sec. 1851, Code,
the failure by corporation 10 elect its
officers at the proper time, neither dis
solves the corporation, nor discontinues its
officers, but they hold over until the cleo
ton or appointment and qualification of
their Successors. This would be SO in this
case, without the authority of the statute.
The tenure Of the city Offices rests not upon
any constitutional Limitation, but upon the
terms OF The charter aud the ordinances in
pursuance thereof. BY the terms Of both
the term Of Office is limited TO one wear and
until the SUCCESSOR are elected and QUAIL
he'd. u follows, that the officers Of the
city, the Mayor and Aldermen and an
others, whether elected by the people or by
the board, for the thirty-ninth corporate
wear. held over until their successors were
elected and qualified. The old officers
went out on the coming in Of THEN sue.
cessors, whether elected by the people or
appointed by the board, and the new
board, after its regular organiza.
ton, had full power and authority