Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-13
METROPOLITAN POLICB BILL

We are indebted to our esteemed rep
resentatiye, Hon. DAN. ABLE, for cor
rect copy Of this document, and in view
Of its Importance to the citizens Of Mem
, phis We publish it entire reserviDt
!. comment for a future issue.
Our senator, Hon. JOHN w. SMITH
and our members Of the house for Shelby
county, merit the cordial appreciation
Of their constituents for their uniform
consistent and ardent opposition to thii
and every radical measure at variance
with enlightened craftsmanship and i'm,
partial justice to the whole people of the
state.
The recent course Of the radicals in
the legislature has thoroughly disgusted
the more honorable members Of theil
own party, and Senator MUSE, of Hen
derson, hitherto in accord with the
dominant faction, has resigned his seat,
because unable longer to countenance
their action
AN ACT TO Create an Additional Number oI
Justices fthe Peace and Sotaries Public for
the CITY OF Memphis, iu the County OF
Shelby, and FOR other Purposes
| SECTION !. Be Il enacted Gv the GEN.
erul Assembly Of the STATE OF Tennessee,
That there shall be elected by the quail
fed voters Of the city Of Memphis, in
the county of Shelby, eight justices OF
the peace for said city in addition to the
number heretofore allowed by law, four
Of said justices to reside in the fifth and
four in the fourteenth civil districts OF
said county of Shelby, in which is sit
uated the said city Of Memphis; said
justices to be elected and commissioned
AS other justices in this state.
SEQ. ,. That there shall be appointed
by the Judge Of the county court OF
Shelby county three notaries public for
the city of Memphis ia addition to the
number now allowed by law.
Sec. 5. That notaries public shall have
the same power as justiceS-Of the peace
Of this state to administetaSaths, to take
depositions, to qualify parties TO bills in
Ichancery and to 8ffidayits in al eases,
and in all such cases the nOtarial seal
shall be affixed.
Sec. + That the town of Taylorsville,
Johnson county, shall be entitled TO one
additional Justice of the peace, to be
elected by the qualified voters of the
civil district in which said town is sit
uated.
Sec. ). That the eighth civil district, in
the county Of Polk, shall elect one addi-
tiOnal Justice OF the peace, who shall
reside at, and keep mis- Office in, the town
of Hiewassee, in said civil district, with
all the powers and privileges of other
/ Justices Of tine peace in said county.
Sec. 6. That the sheriff of Haywood
county shall have the authority and
power TO appoint an additional deputy
! in Haywood county.
/ Sec. :. That any justice Of the peace
/ elected in and for any county of this
! stste, who hereafter shall open an office
l for the trial of causes in any other civil
/ district, city or ward, than the one in and
/ for which such justice shall have been
elected, shall thereby vscate his office,
and the sheriff. upon giving the usuN
notice required by law, shall proceed to
I elect a Justice to till such vacancy.
See. s. That any justice of the peace
I'm this state, who, from aud after the
passage of this act, shall continue in any
Office that he may have opened out Of
the civil district, city corporation or
ward, in and for which he may have
been elected and resided for the period Of
[ ten DAYS, shall forfeit his Office, and the
/ sheriff shall at once proceed to fill the
] vacancy kIoEttAlDA e5 AAlNNltO III INT
| code Of Tennessee, section 342.
Sec. 9. Be Il further enacted, That
the charter Of the city OF Memphis he
| amended, as follows That all revenue
arising 10 the city OF Memphis from
taxes on sales and privileges, shall con-
stigute a special fund, to be known as the
metropolitan police fund, which shall be
| applied TO the payment Of the expenses
of the metropolitan police force within
I said city, and to no other purpose what
I ever, except as hereinafter provided.
! Sec. 10. That said tax shall be col
I lected by the city tax collector on priVi-
! Ieges, who shall pay over to the financial
/ commissioner OF metropolitan police
I within the first five days Of each month,
l the amount collected by him during the
I preceding month.
Sec. IL. That no appropriation for 9TH
| er purposes than to defray the expenses
/ Of the metropolitan police force shall be
paid out Of this fund. The tax collector
shall not receive ia payment OF said taxes
any warrant drawn by virtue OF any ap-
/ preparation by the board Of aldermen, Or
I for any indebtedness Of the city of Mem
phis, other than the expenses of the me-
| tropolitan police force.
/ See. y. That all appropriations for pO
I lice purposes shall be made by the board
[ of police commissioners appointed By
| virtue Of an act to establish a metro
l pClitan police district, and TO provide for
[ the government thereof" passed May
/ "a, 1864. Any warrant drawn by two or
/ more Of said commissioners, by virtue Of
I such appropriation, shall be received by
the tax collector in payment Of said tax
| on privileges.
! Sec. l8. That ia case the board Of
. old
| levy the tax on sales and privileges, au-
thorized by law, or shall fx the same at
! a less amount than the state tax on ike
sales and privileges, then the board OF
! police commissioners are hereby author
| ICED to levy such tax, which shall be
collected in ike manner as those levied
| by the board OF mayor and aldermen.
Sec. IA. That In case the city tax col
lector neglect or refuses TO collect the tax
on privileges, as provided for in this act,
I or ueglects or refuses 20 pay over the
/ amount collected to the financial COM
| missioner of the metropolitan police
board as herein provided, then the board
| Of police commissioners shall appoint 3
| proper person 10 collect said taxes, who
shall take the oath required by law, and
/ give such bond as may be required by
/ the board Of commissioners, not less than
] w CLAt I've AAAhAoaLlA ADA4aAs lDk AA4NAc
| than nifty thousand dollars, and such
/ person shall be entitled to the same COM
! pensation as Is now allowed to the city
/ tax collector on privileges.
! Sec. Is. That the board Of mayor and
| aldermen is authorized to increase the
! tax OF tipp!iug houses to two hundred
| and fifty dollars per annum, and in case
I of neglect or refusal TO increase it to at
/ least one hundred and City dollars per
/ aunum, then the board OF police com
! missioners is hereby authorized TO levy
/ the said tax of not less than one hun
dred and fifty dollars, nor more than two
/ hundred and fifty dollars, the same to be
/ collected by the tax collector as ia other
| cases.
Sec. 10. Any surplus remaining in the
/ hands of the police commissioners after
/ defraying the expenses of the police, in
| GLIDING the amount advanced 10y the
state and other Indebtedness already in
Cured, shall be reported to the city con-
| trOller and paid over TO the treasurer OF
the city Of Memphis.
Sec. u. That no injunction shall be
granted by any judge or court ia this
state upon any tbill alleging or invOlv-
| ing the Unconstitutio~ality Of this act,
or Of any provisions S0ereof, or Of the
f" Act to establish a metropolitan police
| district ana 70 PROVIDE Tor the govern
meBt thereof" or Of any provision
thereof whereby any person or officer
shall be restrained from performing the
duties required of him by this
act, or by the said act to es-
tablish a metropolitan police district,
etc, except upon a full hearing on bill
aud answer; and in case an Injunction
be granted upon such hearing, an appeal
| shall lie to the supreme court which. IL
il taken, shall suspend such Injunction
until otherwise decided upon final hear
ing in said supreme court.
Sec. IS. That whenever the board of
mavor and aldermen of the CITY Of
Memphis shall make the necessary ap-
propriation, and pay In money a sufii-
cient sum to pay the treasurer of the
state Of Tennessee the money advanced
by him on the comptroller's warrant,