Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-12-04
PROGRESS oFINJUNCrION CASE.
several Able sreeches Yesterday.

OudHCSIy NOuIe gSbtCiuagJ OSue NcSA 81 =
Nancy resumed his remarks in behalf o
the defendants, and made a strong argu
ment in defense of his position, and The
sovereignty Of the corporation, which de-
rived its powers from the lawgivers, and
therefore not in the province of the court
10 place itself in antagonism TO the law as
it was given. In the management Of, the
case, he displayed great ability and rea-
soned we'll, and in the delivery of his ar
gument be commanded the earnest atten-
ton of the court.
He was followed by Col. f. B. McClan-
pahan for the compliments, whose argu-
ment was both logical and powerful. His
review of the charges in the bill, was COM
plete, and he dissected carefully every
point. The bill had been filed TO secure
relief from The unlawful exercise Of power
by defendants, and for the redress of wrongs
perpetrated, and for protection against
threatened injury. IEeparable mischief
and danger was imminent, and for that
reason complainAnls had come into court.
He referred, at length, TO the answer OF de-
PENDANTS, its structure and its animus. lie
showed that the corporation, instead ofpul'
ling down the debt of 100000, had in
creased it $145, 900. That was bad imam
cial management for party who pretended
to be issuing bonds to reduce the public
debt. He referred to the unauthorized IS
suance of checks which he contended
was a violation of their chartered powers.
He discussed the park investment briefly.
The grounds selected would be a beautiful
promenade in the high water season for
gentleman with lady on his arm. The
defendants urged as an excuse for its pur-
chase, that it had been done at the earnest
request of leading citizens, who had pre-
scented petition. They forgot, however,
to say anything about the counter petition
of citizens, protesting earnestly against the
purchase of this marsh or lagoon. The
bill establishes the fact that some of the
defendants had received titles to the only
portion of these grounds that weres val
liable and out o! water, and it was well
settled principle in equity that party who
is placed in a position Of trust or conf
dence in reference to the subject matter of
sale, cannot become purchaser.
In reference to the Collectors bond he
maintained that it was glaringly INSULT
Gent, and had been placed at that small
amount for the benefit of the Collector.
The defendants say that it had been con-
frmed by the Mayor and City Councib
who we're the sovereign power, and this
court could not interfere. Bat he con-
tended that the Mayor was usurper, and
consequently had no right 10 receive that
or any other bond. 10 reply to answer Of
defendants, he maintained that the bill
proceeded against both old and new bonds
that it was really one and the same.
Alden was the old Mayor and Sheridan
the old Collector, both OF whom we're
guilty of a fraud, one 10 issning, the
other in receiving and using I'M
lawful paper. He quoted literally
from the books to prove his position.
He referred to Angel & Ames on corpora,
tions TO show that it has been frequently
determined that the interest which an in
habitant, merely as such, and though no
member of the corporate body has in the
good government Of the borough or city
which he iahabits, is sufficient to entitle
him TO be relator in quo Jr1rranto, flied
TO question the election of Mayor and
members Of the town council. and that fact
| being established, the sole remedy in
| Tennessee was in a Court of Chan
Gerry. The argument which is made
by defendants requiring suits to be
brought in the name of the Attorney
| General was unfortunate, ben applied to
| their argument; that our statute does not
apply to = public corporation or officers
thereof, such as, defendants claim to be.
He contended that if the bill ofthe REALTORS
is filed in accordance with the provisions OF
our statute, and the defendants are among
the classes comprehended, and il appears to
| the court that defendants unlawfnlly hold
their offices, or exercise powers not con-
ferred by law, ETC., or bave mismanaged
public property or have been guilty Of
speculation, or waste, then the court is ex-
pressly authorized by section 34l7 to grant
all the relief prayed for, being en-
powered to grant attachments, iDjupc-
tons and appoint receivers to effect
the ends Of justice. The defendants have
| appeared and answered, and will the court
| allow them to except to the jurisdiction Of
the court after they have admitted such
| jurisdiction? If they file their answer and
demur at the same time to the jurisdic
ton, does not the demurrer fall to th'
ground? The grounds for relief beiul
clearly established, the cOmplainanls ar
entitled to have Receiver appointed Il
collect the city taxes, assume control Of tn
fire and other departments. and make al
proper disbursements, etc. We have onl.
been able to make a brief outline Of tn
argument of Col, McClannahau, who, duI
ing its delivery, commanded the nost pro
found attention.
Ed. Baxter, E.q., followed for The de
! PENDANTS in an argument of very consider
/. able force and weight. He remarked ths
: much had been said about the bond I
J Sheridan, when it was weil-known that th
amount prescribed had been fixed for veal
( In regard to the Fire Department, 1t was
4 matter Of fact thatit had been very efheien
: and that there had been fewer destructiN
fires during the present administration ih
had ever been known before, and that Il
surance offices had been able TO deels
p heavier dividends. He said that sw eepiI
J. charges had been made in the bill, and
d referred at length to the allegations in d
y bill, contending that if the taxes now d.
l. were paid, the debt of the city could
Immediately reduced to $4,000. lie d
MED that checks had beenissued except
IT debt. Every man in the communi
q had dealt more or less in corporate
I'd checks, and it Was perfectly legitimat
d That checks were issued on the Treasur
70 for a debt. and because Of The refusal
az citizens to pay their taxes there was
II money in the treasury. The rnan holdi