Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-01-14


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ndy In the United States Court at
Knoxville, Hon. c. F. Trigg presiding,
application was made for an injunction
TO prevent the old board of city officers
from surrendering the Offices and the
newly elected men from taking their
seats. The bill recites the charter,
which provides for the annual election
of city officers, that the term of the old
board having nearly expired, the city
marshal. in accordance with his legal
duty, took the legal steps to hold the
usual annual election, but that be was
deferred and prevented from doing so
by the acts and orders Of one VIM. u.
Brownlow, under the pretended au-
thority Of body of men so-called
the Legislature of Tennessee, whose
Legislation so-called was such as
10 subvert and overthrow the repub-
Iican form of government in Ten,
nessee, and giving said Brownlow des-
potic power, if not restrained by the Ju-
dietary, which power he has not been
allow to assume and exercise. The bill
further states that the qualification to
vote is adjudged by commissioners APP
pointed by Brownlow, from whose de-
crees there is practically no relief. That
said Brownlow, acting for personal ag-
grandzement and for purposes of re-
venge, has appointed ignorant, violent,
and often INSCRIPTIONS, partisans thus
to sit on the rights of the freemen of
Tennessee 10 vote. That said commits
sioners have acted arbitrarily, and have
granted certificates to many not entitled
TO vote, while from many who were en-
titled such certificates have been with
held That said Browniow has been thus
vested with power to set aside registra-
ton, not to prevent, but to perpetuate
frauds and oppression, which has been
done in numerous instances.
The bill further reciies that, as
means of enabling him to preserve his
political ascendency, an act was passed
giving said Commissioners power to
appoint judges of all general, State and
county elections, giving into the hands
of inscriptions partisans the whole
political power. And further, that to
enforce his orders and maintain his
usurped authority, the Legislature has
organized military force, which has
kept from the polls voters entitled to
vote, and encouraged to vote those who
were not. That when the Marshal was
preparing TO hold an election for Mayor
and Aldermen Of Knoxville, Charles
Morrow, a Registration Commissioner,
claimed and exercised the power to
appoint and swear judges OF
the election, by whom, in legal
contemplation (though the Marshal
under threats and intimidation acted
under them) said election was held, and
not by the Marshal. in his own sufficient
and legal right, and that said election is
null and void. That the acts authorizing
the Governor to unregister voters were
passed without authority and in conflict
with the Constitution Of the State, and
all elections made hereunder nullities
and idle ceremonies giving no validity to
their acts, except such as may be derived
from the fact that they are acting as OH
GERS de facto and that the election fol
Mayor and Aldermen is thus void, con
ferring no authority.
The Dill further charges that, unless
restrained, and by military force anC
mower usurped, the old and legally elected
Board will be displaced by the new anC
fraudulently elected men, and prays thu
injunction Of the court.
The case having been ably argued OF
either side by Colonel John Baxter ant
Colonel Nelson on behalf of the old, an,
by Messrs. Logan and WHshburn on be
half of the new Board, the case was sub
mitted.
The bill is published at length in tn
Knoxville Press and Herald, iror
which we make the above synopsi
From the same paper we take the follow
ing account of Judge Trigg's deeisie
delivered the next day
The court house was crowded when th
Judae delivered his opinion, which wa
an oral one he commenced by re
marking upon the duty Of all citizens I
abide BY oil laws, and to submit TO then
until they we're adjudicated BY the court
of the country The Legislature ma
the power 10 enact such laws as II 50" ~
and the citizens should obey them unit
pronounced unconstitutional BY IN
courts. he then proceeded 10 reyiel
The allegations contained in the bii
First. in regard 10 the franehis
Law, the Judge declared that D