Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-12-02
THE INJUNCTION SUIT IN THE
CASE OF CITY OFFICIALS.
Restraining the Revenue Collector
freDa Collecting Taxes.
The appointment of a Receiver Etc.
qusSted.

GSSAAO nhSthSA tue pAccSut CiIJ duluOIitieS
have the power to collect taxes, the Hon
orable Chancellor, J. o. Shackleford took
the bench, and gave notice that he was
ready for argument on the application filed
Tor an injunction. Mr., Baxter, one of the
attorneys for defendants, gave notice that
they had an answer TO the bill, which they
desired should be filed.
Col. A. S. Colyar, attorney for com
plainants, then proceeded to read the bill
for an application for an Injunction re-
strsiniug the present city officers from COL
lecting taxes, and praying the appoint
ment of Receiver to collect said taxes,
and manage the. affairs of the corporation.
The bill was fled upon the complaint of
long list of taxpayers, several hundred
in number. 1t charges that usurpers had
taken charge of the city government. That
he pr etended defendants, the Mayor and
City Council gerenot only elected BY fraud
and force, but they lacked also the capacity
for the delicate trust of handling the peo-
pies money and protecting the Interests Of
the city. That they did not own the neces-
sary real estate to make them eligible for
their respective Offices. That the transfer
of property to Alden by Henry Harding
was not bona fde.
The bill charges that these usurpers had
organized Fire Department, which was
run at an expense of $50 900 per annum,
when it was well known that 10 could be car
RED on at one-half that sum Unreliable and
! responsible persons. The department was
wholly Incompetent to extinguish fires,
and the city was in great danger of being
destroyed; several fires which have lately
occurred prove this fact. But for the ex-
ertions Of citizens few days ago, millions
of dollars of property would have been
destroyed. That this condition of things
was alarming. Such a state of things was
produced by the action of the defendants,
who selected men without regard to quail.
fcation. -
The bill further charges that Sheridan's
bond was insufficient, and the acceptance
of such bond showed corruption in Of
Zee, and fraud upon its face The only
person on the bond owning property was
one Davenport, and upon which read
estate there were executions to the amount
OF $4,000.
That these city officials bought Of Hugh
McGsVock for park purposes, a low,
marshy piece of real estate which was en-
tirely worthless for the purpose. That the
purchase Of this lagoon or marsh was an
outrage, ard should be set aside. That the
purchase of this park was a matter of
private speculation, and fraud, and it
was believed that certain city officials had
secured the only portion of the ground that
was valuable.
The complaiuants also charge that de-
PENDANTS are involving the city 10 financial
ruin. That they had already placed the
city in j precsrious condition. That they
are raising money on their own checks at
usurious rates; that these checks bad been
| placed in the hands of the finance com.
mittee, who had authority to sell or hypo-
thecate upon any terms. These transsc.
tons had been carried on by one Ogden at
the Peoples Bank, who was chairman of
said finance committee. The city attorney
had failed TO plead the usury, and let
| judgments 60 by default. There was no
means of sscertaining all the facts.
That by this check selling, the debt
of the city had not been sxlinguished, but
increased at fearful rate. That bonds we're
issued, and only fifty cents in the dollar
accrued. That Ogden, as chairman OF the
finance committee had made out of these
checks and bonds not less than $50 900,
which rlghtfully belongs TO the city. That
the entire of last year the Mayor and Fl
nance Committee devoted Themselves 10
the work of the commercial ruin of the
city. That checks had been drawn to suit
their convenience. That in the assessment
of taxes, levy Of twenty-one mills on the
dollar had been made, which was onerous,
and such assessment was fraudulently done.
In many cases the taxation was more than
the amount claimed, for rents. That it was
a most iniquitous fraud, and concocted
solely to coufscate the property Of the city.
That the issuance Of checks by these
de tacto officers was dangerous-that in
many cases checks had been re,issued in
stead of being cancelled. The Finance
Committee had refused TO give any infor-
nation as 10 how the money was raised.
That said parties who assume 10 issue
checks are reckless and careless, and have
invariably used the Peoples Bank in their
mysterious transactions. Said bank had
controlled the market.
Complainants slso allege that for several
months past, the property Of the corpora
ton has been under execution, and that
bankruptcy will certainly follow unless
this Honorable Court will intervene to
prevent it. ... ....
The bill asks that competent Receiver
be appointed By the Honorable Chancellor
to receive taxes. That complainants are
ready and anxious to Pay their taxes, pro-
vided they know that such moneys will be
rightfully used
The biil also charges that the corporation
debt has been increased $3.50 600 nv reck-
less Encouragement. That the said acting
Mayor and City Council have no right TO
issue checks and violate the law by selling
them at usuriou5 rates.
The bill asks that defendants be required
10 answer under oath the charges here
made, and TO show what amount of checks
had been issued since September 1867, and
what had been done with the money.
How much said Ogden and The finance
committee hold in checks That said par
ties be eHioined from the further issuance
of checks and the collection of taxes, and
that Ogden be enjoined from The sale Of
checks, and that receiver be appointed,
ETC., exc.
Mr.. r McPhail Smith, one of the attor-
ueys for defendants, read the answer to the
bill.
The defendants deny that they are usur-
Pers. That Alden is the legally elected
Mayor, and defendants named in the bill
the legal Aldermen and CouucilmeD.