Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-01-16

AHc bAtA sttc IOAtn anu LA6hcS part
thereof the various acts Of the Legislature
incorporating the city Of Nashville and
amending its charter, which charter and
appointments were accepted by the citizens,
aad under which il is charged they have
vested rights and privileges of which they
could not be Invested without their con-
sent or forfeiture of their charter. That
the taxable properly amounts to several
millions, and that large sums are collected
annually for the improvement and use of
the city; that the corporation owns con-
siderable amount of property, real,
personal aud mixed, and that .
great portion OF the same is in
danger of being squandered and wasted and
Loot to the city; that considerable portions
have already been improperly appropri-
ated, squandered and wasted and the bill
states that the same is filed, in one respect,
ito prevent malyersation, peculation and
waste" but is also filed in "a double or
treble aspect Second. That complainant,
Brien, isa resident of said city, taxpayer
owning a considerable amount of real and
taxable property within the corporation,
his taxes amounting annually to..--hun-
dred dollars; that by che amended snd
accepted charter of the 18th of February,
1853, W. Matt. Brown was, on the = day
of -, 1867, the qualified and acting
Mayor of said corporation, and was entitled
to hold and enjoy said office until his sue
cessor was elected and qualified; that by
the election in September, 1867, the said
Mayor Brown, considering the same to be
illegal, and defendant, Alden, not entitled
by law and the charter aforesaid to be
Mayor, held over until his successor
should be duly elected and qualified, and
thereupon defendant, Alden, in October,
1867, "unlawfully and with force and
arms elected and put out the said Brown,
Mayor as aforesaid, and since unlaw-
fully holds and pretends to exercise
the duties of Mayor himself, to the great
detriment of the said w. Matt. Brown y
that defendant Alden is not eligible to
the Office of Mayor; that he was not
identified Nth ttiS people" totally insolyent;
did not bona fde own the $500 worth of real
estate within the corporate limits as re-
quired by the charter admits that said
Alden has deed to one-half lot in the
city for a consideration of $500, as ex-
pressed on the face of the deed from Henry
Harding, free man of color, but charges
that the deed was colorably, fraudulently,
without consideration, and not bona fde
procured that the relator has been in
formed that this lot has Eeen levied upon
for debt of defendant Alden, which fol-
lowed him from the country he came FROM"
that Harding, the vendor, claims that said
lot does not helong to defendant Alden,
that the sale was a sham, and that Harding
owes one Childress large amount of the
purchase money, which ia unpaid, and il
this connection is the following statement
or allegation
"The said Alden is not the owner of
$500 worth of real estate within the cor
poration, therefore a usurper, and cannot
lawfully exercise any act as Mayor. Your
relator and the city is in great danger of
serious damage and loss. For this unlaw-
full usurpation he should be expelled, and
the said w. Matt. Brown admitted to pro-
coed as Mayor, etc, until Mayor eligible
is elected and qualified"
The bill further charges that several of
the Mayor and Aldermen are not eligible
do not own. real estate, or reside in the
ward they claim to represent, and that
their acts are void.
Defendant Shankland and few others
are men Of means and identified with the
city, "oshers are not, and ali known to
defendant Alden" That Alden has COM
bined, as it seems, with majority of the
members, or those who claim to be meT~
bers of the City Council, to divide out the
Offices among themselves and special
friends. They have elected one of their
own body, defendant Allen, Adviser and
City Attorney at heavy salary, who still
claims to represent the seventh ward as
Alderman, but without any real estate,
and only temporarily in said ward also
other members of the Board to important
positions In consequence of such uns
lawful frauds and powers, they have for
feited all right to serve as a City Council,
and should all be removed for the good and
safety of the city"
Third, That the relator and Others of the
corporation are in great danger of further
loss that there are few bonds drawn as
required by the charter and ordinances OF
the city. That of defendant Sheridan, the
Revenue Collector, is wholly insufficient.
That not as much az $4,000 could be coli
lected out of all or any Of them, by which
it is inferred that the draughtsman Of the
bill meant the maker and sureties. That
there is a large amount of the last years
taxes unpaid, and heavy amount will be
levied for the present year and may go
into defendant Sheridan's hands, and that
in the present condition it would not be
safe, and the relator desires all the bonds
to be approved by the court and no further
proceeding under them until this ia done.
Fourth. That defendants Stone, Davis
and Sparkling, in violation of law and an
injunction Of the court, have unlawfully
organized what they call a Metropolitan
Police Court, and are appropriating large
sums of money for unilorming of police
men, etc.
That the acts of the Legislature under
which they pretend TO organize and act are
unconstitutional and void, and was 30 held
by decree of the Chanesry Court, and
the said Commissioners perpetually en-
Joined from organizing and acting under
such laws, from which decision said Com
missioners appealed to the Supreme Court.
That the relator, and complainant Brown
and other citizens are directly interested
in said suit. but the said Alden is endeav-
oring to have the cause dismissed at the
cost Of the corporation, without hearing.
That defendant Alden, shortly after, he by
force and fraud assumed the duties Of
Mayor, caused said Commissioners and
force to organize, and ordered the Clerk Of
the Supreme Court to dismiss said cause at
the cost of the corporation. The bill
alleges that such expense and other
waste and unlawful conduct, with
a swarm of hungry ofiee-holders and
adventures will bankrupt and ruin the
credit and squander the effects of the
corporation. It's checks are now at dis
count of from thirty to forty per cent
That the Commissioners assume to hold
their court daily, which they term Metro
politan Police Court, at heavy cost and
expense to the corporation and citizens Of
the State, and this without legal authority.
For such proceedings they have already
received considerable amounts for them
selves, the policemen and Attorney Cook,
(as the relator states he supposes), all of
which it is insisted in The bill should be
accounted for and refunded, and they held
to answer for contempt and that Cook
and Allen should show how much they
have received, and be enioined from re.
ceiving anything further; and be enjOined
from further acting by themselves, police
men or agents, and that defendant Henry be
enjoined from paying out anything further,
or on account of them-Or &c said Alden,
Allan nr Cab and that fbou 10 onioi1oH