Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-02-09
rmEPuRLIC NICHOLS.
Jadge HRrrisOm's Decision ON the Bill
OfIntuaetion Against the New BOARD
Of Educaffon

Of Edueafion.
PS. FaH ef ais, as. ID. ID. Dickey e al
On motion 10 dissolre Injunction tt
| question as to the jurisdiction of the cou
is not and cannot be raised on the motto
TO dissolve the injunction The questio
can be raised only by plea in abatemen
demurrer or motion 10 dismiss.
The defendants have moved 10 dissolv
the injunction in this canse for want
equity in the bill, and this motion nnde
section 4444 of our Code, they are entitle
TO make before the coming of the answer
| The granting or dissolying injunction
in cases Of irreparable mischief, rests i
the sound discretion of the court, Whethe
applied for before or after answer.
IT. upon hearing the motion 10 dissoly
The injunction, the Chancellor is of th
opinion that it was improperly granted, h,
will order the injunction 10 be dissolved
J bnt If the defendants fail to show that III,
| Injunction ought either 10 have been re
fused, or that il ought not TO be continued
he will direct il TO be continued until tht
hearing.
The defendants having right under the
statute before referred tc, to move for 9
dissolution of the injunction for want O.
equity in the bill, it follows that il there
is no ground Of equity stated in the bill
which would entitle compliments to the
relief sought by them, the Injunction
granted would be dissolved.
The equity set up in the bill in substance
is, that by the several acts chartering and
amending the charter of the city of Nash
vile, the local and municipal affairs OF
aid 80 81 Il
Mayor aud Aldermen. That by the act oil
the 3lst of January, 184S, said Board was
specially authorized ito establish system
of free schools and to regulate the same so
az to avoid sectarian influence" That
under said act the Board did establish
snch system many years ago, and regu-
lated the said schools $50 as to avoid
sectarian influence" and to the great ad-
vantage of the city and its people These
schools have been successfully carried on
Except during the war; ever since.
That on the 18th of February, 1853, the
General Assembly passed an act creating
a City Council, which consists Of a Board
Of Aldermen composed of ten members,
and Common Council composed Of TWEEN
~ members. That compliments were
elected a Board of Education in pursuance
of the ordinances Of the City Council in
June, 1866, and at their first meeting es-
tablished rule that no teacher should be
retained or employed in said schools who
would foster or encourage sectarian or re-
ligious influences.
That on the recommendation of the COM
plainants, and TO secure In the Board of
Education an experience and familiarity
with the system of teaching, the merits of
teachers and the necessities of pupils, the
City Council passed an ordinance on the
18th Of April, 1867, providing that after
the next subsequent election thereto the
Board of Education should consist of nine
members, three of whom should serve for
one year, three for two years, and three for
three years; and for yearly elections there
after of three members to serve for three
years The said ordinance exhibited in
and made part Of the bill, provided, that
should the Board of Education then in Of
fee resign in body before their term of
Office expired, the Council should proceed
to elect nine members for the time men
toned in and under the provisions of said
ordinance. That compliments immedi-
ately resigned, and were elected to serve as
follows, from the let day of April, 1867,
to wit Complainants Fall, Cotton and
Weakley, for three years; complainants
Jones, Cheatham and Knowles, for two
years, and complainants HoyIe, Calender
and Tarbox for one year.
That compliments have endeavored to
discharge their duties faithfully, and have
now in successful operation schools for the
education of all the children of The CITY.
white and black.
That to support and mainIsin this sys-
tenn of free schools embracing within its
scope 5000 to 1000 children, the people are
subject to tax of from 100000 to SIS, 900
per annum, which they pay freely, and
that the people are satisfied with com
plainants management of the schools.
That in October last draft of an ordi-
nance was introduced into the Board of
Aldermen, and passed that body, providing
for change in the time of holding cleo
tiOns for certain officers, including the
Board of Education, and Diminishing the
compliments from office on and after the
let January, 1868. The ordinance was
sent to the Common Council, and in the
month Of November it was rejected for the
want of a two-thirds vote.
No motion was made-for a reconsidera.
ton of that vote at that meeting, but at a
subsequent meeting held on the 28th of
November, 1867, when five members we're
absent, motion TO reconsider the former
vote was made and prevailed, and a vote
was taken on the ordinance, which showed |
that eleven members voted for aud four
against it; and being on its third and last
reading il was declared to be a municipal
law. Under the provisions of thissordi- |
nance the City Council met in, convention
and elected the defendants, which pro-
eeedings were without notice to complain
ants
That complainants are daily urged by |
tax payers TO test the legality of the pro-
ceedings dismissing the present Board, the |
that it is the opinion of these |
citizens, tax payers in which opinion |
concur, that this sudden and |
for change and dismissal of the
Board of Education, under whose direction
and supervision the schools houFished and |
gave general satisfaction, and the substitu-
ton of others, with most of whom the peo-
pie are unfamiliar will tend TO depreciate /
The efficiency Of the schools, introduce dis |
cord and greatly endanger their success
and prosperity and compliments insist |
that il such changes are to be made, they |
shall be made in strict accordance with the |
city charter. Thatunder the present state of |
the public feeling in the city, ifthe change
is consummated, a great number of the |
people will refuse longer to pay taxes for |
The maintenance Of the schools, or to send |
their children to them and that great, i'm
mediate and irreparable damage would re-
suit TO the schools unless il is first indi- |
cially determined that the proceedings of |
tbe City Council were regular and fully in
accordance with the charter Of the city.
From this statement of the allegations
in the bill, il is clear that the equity of |
the bill, and the ground for an injunction
to restrain and prevent defendants from at
tempting to exercise the functions of the |
offices now held by complainants is that
great, immediate and irreparable damage
will result TO the schools if the defendants
are not so retrained IL is we'll settled that
if something more than mere allegations,
that irremdiable mischief or damage will |
result or that there is danger that il will |
ensue, is not shown; in other words that
unless facts are stated that will enable The
court to see that such damages or mischief
will follow, or that the apprehension of
iniury a. well founded an iniupcfion will