Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-09-21
Gov. BROwNLOw's UsURPATION-A
CEING,EFER

Na@A NSA&GAt.
We stated yesterday that Gov. Brown
low, in assuming to expound the law Cor
hisown benefit and for that of his friends,
did so without even the semblanee Of au-
thority in law and that when he sought
to interfere in purely municipal elec-
ton in Nashville, he was guilty of an
outrage upon the rights of this corpora
ton which called for the most emphatic
rebuke. We now propose to show how
utterly grOundless is the pretense he has
set up for interfering in our municipal
affairs He claims that the election must
be held under the franchise law, and
threatens the authorities and people with
Fighting Joe Cooper" and his loyal
militia if they do not implicitly obey his
command. Fortunately there is decia
sion Of the Supreme Court of Tennessee
which completely upsets his pretentiohs
assumptions in this matter 1t is that OF
the State u.s. Liston, reported in 9th
Humphreys, In this case an indictment
was filed in the Commercial and Crimi-
nal Court at Memphis, against the de-
PENDANT for illegally voting in the election
for Mayor and Aldermen Of that city.
The presiding Judge, King, quashed the
Indictment and the State appealed to the
Supreme Court Judge Turley delivered
the opinion of the court as follows
This is an indictment against the de-
PENDANT for casting an illegal vote in the
election Of Mayor and Aldermen in the
city of Memphis, he not being qualified,
under the act of incorporation and bylaws
Of the city, TO vote in such election. The
question for our consideration is, whether
il is an indictable offense to cast an illegal
vote in the elections of municipal corpora
tons in this State. We think not. Il is
not an indictable ohense at common Law
for an unqualified voter to vote in an cleo
ton; it has been made 80 by the statute in
this State, in certain specified cases. but the
elections Of municipal corporations are not
included. The statute specifies elections
for President, Vice President, members of
Congress, members of the State Legisla-
ture, Sheriffs. Clerks of the Circuit and
County Courts, Register, County Trustee,
Justices Of the Peace, Constables, or any
other election held under the constitution
and laws of the State. The elections of
municipal corporations are held under the
charter and bylaws of the corporation.
The act of l84l, chapter 81 under which
this bill of Indictment is filed, does not
then cover the case, and the Judge of the
Criminal Court committed no error in
quashing it and the judgment will be af-
frmed. .s
We have given this opinion in full so
that a charge of garbling it cannot be
urged 1t will thus be seen that it is the
opinion Of the Supreme Court of Tennes-
see that 'the elections of municipal cor-
pOrations are held under the charter and
bylaws of the corporation" and not un-
der "the constitution and laws of the
State This shows the fragrant charac-
ter Of the usurpation Gov Brownlow has
attempted. He has no more authority,
by virtue of his Office of Governor to in
teriere in the municipal election of this
city, or any other matter pertaining to
this corporation, than has the Emperor
OF France. 1t matters not that "the
franchise law is part and parcel of the
constitution" as he claims, the Supreme
Court has decided that the elections of
corporations are held indie
pendent of the constitution and laws of
the State This knocks the last prop
from under the Governors stilted usur-
pations, and leaves the corporation of
Nashville free from his tyrannical grasp.