The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-02-21

49, ~ the exercise of its power aH9 tI,is
ION The Legislature contelhl 'laeoe lcrities
act LIST. that only the corporate ,''land in
of towns and cities having W. 49, Of Police
babitauts or more, and the botiuI9 - x,r,.ise
20 20 -, -,snae+ive counties should eAS ~ =,
80 ,,,Iyar That the license sloulu - /
- -, 81 That the amount pald Ioi 81 -
-. sbo,Tld not be less than two 81
~ 7,,ora than one Thousands do!ldIS IL
That the applicant should be q n there /
nerson resident in the city o'h- - free /
Sbo,,I1 he a recommendation OF NY -
IlII.Ts fqb That a bond should DC Us
acu+ed 9TH That the amount faiseu' -, /
he anpropriated to the edueatlon - l,v /
children and the support OF P"ItPoaI1, 70 /
the amendment of 1916, p TO- q @ Il,,,sa
the city Of jackson. ctn' 1H''1 =. &c the
shopld he delivered until the recelP. Vi 80
Siiollu De &c ~ generation for the tax
sbouid he produced. 1t was not III 'Ao 49,
Of b;s cOrnoration to do any act OF I No.
! - ao7+~5ft in violation of the PLAIN uu,Ieo
{ enioined by these provisions. 1t N% -@1nr;+v
/ It's mower to seH a discretion ana q 80 ~
enariallv delerated to it 10 be useu 10. ~
So 49, - I'D thereby prevent ltseh
from the further exercise OF silou -,
and authority from time TO time as ny i
I ioancies of tile country might delllin1 -
/ Us NOT in its mower by contract, 10 ulESe
itself of the public. official duty HIeN
/ for a term Of years for private peN'--'
/ local advantage. 1870 +to faudal
/ aces. was permitted by law TO stpulato loi
/ iHiouitv. Er TuDi contract Gc.io no" O't'1l'
/ i the universal maxim of the courts III 90 90
! nv period of English JurlspruqehCG. -
/ American reports equally abound VIZ
/ of contracts declared lllegaI on 49, -,
/ the iHeraIity of the consideration; ana 'HeG
J contain striking Illustrations OF the genera
rule. that the contracts are Illegal "heh
/ founded uuon a violation of pubic trusts
/ or confidence. or duty, or the violation ol
nublic law. 2 Kent p. 620-l; l story ES'
{ Jur.. u 324, Sec. 294 As TO rotate the incense
/ laws Richie VS.. Smith, 8, &. b. X, 400.
/ The Courts of the country viii give no
man a remedy on a contract made "a coRtem-
DIafj0a of a violation of its laws, IerretU vs.
Bartlett, 2lst Vermont, la.
/ When we examine this contract IN refer
euce to the laws of this State, existing at the
time it was made, and in the light of these
general principles, it is most apparent that
! NOT ONLY its tendency. but its real design was
to defeat and absolutely nullity the proyls-
( ions of the acts of 1872 and 1910. 10 ehapie
the parties to the contract to erect a connlno-
/ dious hotel for the accommodation OF the
I public in the city of Jackson, by granting
/ privileges and exemptions named III salo
contract, is its declared purpose, purpose
wholly foreign to the objects intended TO be
/ ACCOMPLISHED by the act of 1872 and lncon-
sstent with the just exercise of the power
/ and discretion vested in the corporation by
that act for the public good.
/ The contract next proceeds to violate the
letter and spirit of the act of 1872, by obi
eating the authorities of the city of Jack
/ SON without regard to the conduct OF bow
man under his lcense, to renew 1t annually
I for fire years whether he shows himself TO
I be a proper person to whom the license
should be granted or not; thus Sett'Rg or 90
mating away iTrevOcably the power and dis
] in
csed from year to year in preventing the
/ abuse of the license, and vesting the riGbt III
/ Bowman, by contract. to exercise this prIVl-
! lege for fire years They next obl1gate them
selves TO grant him the license annually for
/ five wears at the lowest rate At which IL
/ cense to retail vinous and spurious liquors
may by law be granted" thus parting with
their power and discretion, in view of all
/ circumstances surrounding them, to demand
from the grantee of such license the highest
or any intermediate sum therefor between
I two hundred and one thousand dollars, ac-
! cOrding TO the provisions of the act OF Io42-
They next Oblgate themselves " annually
to renew said license to said Bowman, his
heirs, executors, administrators and as
signs" in violation of the 4th section of the
act of 1872 declaring such license a per-
sonal privilege not transferable from one
person TO another
They next bind themselves to violate a
positive trust and duty, enjoined upon them
by the act of 1916, apprOpriating the license
fund in the city of Jackson, " to the educa-
ton of poor children, and the support of pau
pers" therein, and agree to donate it to Bow
man for fire years, to build a commodious
hotel in said city for the accommodation of
the public at large; and not only so, but they
endeavor further to bind their successors in Of
flee to a like disregard of their sacred duty,
and a like violation of a positive law.
They lastly Obligate themselves to grant
ID Z.
sion of all other persons, unless such persons
shall bind themselves to erect "A hotel in said
CITY the cost of which shall not be less than
forty thousand dollars condition not au-
thoTized by the statute from which they de
rive their authority.
That Il contract thus vicious, fraudulent,
evasive and Illegal upon its face cannot he
enforced, is too obvious to require argu-
ment
That it is dressed in the language of doRa-
ton does not change the character of the
. contract. 1t is obvious that the five thou
. sand dollars agreed to be donated, was in
tended as a penalty to induce the violation
of public law by the authorities of the city
of Jackson, for the private advantage of Jas
II. Bowman. Perhaps such public benefit as
the world at large might be able to obtain
by availing themselves of commOdious
hotel in the city of Jackson, and paving full
equivalent therefor, and the further benefits
that other citizens Of Jackson might CLEAN
from temporary sOjOurners, were also cOnsid-
: erations and inducements to this contract
But the first and leading design intended to
be covered by this transparent pretence OF
public advantage, was the violation of the
statute, and the fragrant abuse of the power
and discretion vested in this corporation, for
wholly different objects 3
! 1t is clear that the act of 1857 does not
sanctify this wrong, nor attempt to give il
validity, even If the Legislature had the
power. 1t is true the act says - the Mayor
and Aldermen, of the city of jackson, are
authorized and empowered to carry into effect
| said contract But they chose to repudiate
it, and have the right to do SO. Indeed, il
is their duty to do so, as it violates their
public duty.
On motion of Aid. Green the consideration
of the message was postponed until to-mOr-
row.
Aid. Green presented an application fol-
the grant of an exclusive phi gilege to Josh.
ua Hull for fifty years to build a street rail
road in the city, which was referred to a
/ committee of three. The Mayor appointed
Messrs. Green, Virden and Boyd, said com
mittee.
The Board then adjourned until tomorrow
evening at 4 o'clock
GEO. a. SAIYTHE, City Clerk
MAYORS OFFICE, !
Feb. 16, 1867
At an adjourned meeting held this day
[ Present
Hon d \ Barrows, Mayor, James H Bovd
Thomas Green, NJ Mclaughlin, A Virden
James Tapley, John Nelson, Aldermen.
The Board having been called to order the
Mayor stated the first business would be ia
take action on his message presented vester.
day vetoing the proceedings in regard to
the Bowman House Company.
The yeas and nays were called for on the
passage of the resolution over the veto OF
the Mayor
Those voting in the affirmative were AL
dermen Boyd, Green, Tapley and McLaugh,
lin
Those voting in the negative were Alder.
men Nirden and Nelsou-2
The Mayor announced that as the CITY
charter required vote Oftwo-thirds of the
whole Board of Mayor and Aldermen, which
Board consisted of seven, and that but four
votes having been cast in affirmative the
question was lost