Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-01-16
Injunction Refused.
Judge HarrIsOn's Reasons for
.i the Refusal.
The Municipal Difficulties from
a Legal Standpoint.

city officials, TO which reference mas al.
ready been made. We furnish it entire to
our readers as a matter of public interest
with Chancellor Harrison's response:
To the Chancellor at Nashville, Tennes-
see. The State Of Tennessee; by NJ. NJ.
Brien, relatcr, etc, for, etc, as. Major A.
f. Alden, Adolph Nelson, President of the
Board Of Aldermen; A. B. Shsnkland,
President Of the Common Council; and
Others, now acting as Board of Mayor and
Aldermen of the city and corporation Of
Nashville, in their joint capacity, called
"the City Council" Rufus Henry, Treas
urer, etc, b. j. Sheridan, Revenue Col
lecior, etc, Martin Cockrill Water Tax
Collector, etc, Major - Gunkel, Reve-
nue. Assessor, etc, S. i. Allen and -
Cook. Also - Stone, James Davis and
DR.. - Sparkling acting as officers and
Commissioners Of what is called the Metro
politan Police Court, Law, etc, and all the
officers AID policemen appointed and act
ingundersaid commissioners, (as so-called.)
Thereupon, your relator respectfully COM
planning, showeth:
That he complains for himself, the legal
Mayor and Aldermen of the city Of Nash.
vile; especially w. Matt. Brown, Mayor,
etc, in their joint capacity, known and
called q the City Council" together for all
other interested parties and tax payers,
etc, Gas hereinafter shown, who may wish
TO become parties, land are allowed to be
made such by the honorable court.)
The reiator (and al Cor whose interest
this bill is fled are citizens and property
holders and tax payers within the corpo-
rate limits of said city, etc. All of said
respondents are subject TO be served with
process in the county of Davidson. Some
are citizens, and others claim to be such.
The relaior further shows that, for many
years, say from 1884, said city has been a
chartered corporation. The first charter
was by an act OF the Legislature Of the
State Of North Carolina when Nashville
was but a small town. Then the various
other amended and consolidated charters
passed by the Legislature Of Tennessee
down 10 and embracing the consolidated
and amended charter Of the 18th February,
1858. Page 80 10 81 of the revised city
laws Of 1860. All of which are referred to
and made part Of this bill, but need not
be copied. All of which said charters and
amended charters were accepted and &C.
knowledged by the citizens therein, and
under and by which they have vested rights
and privileges, liable, etc, which the re-
lator charges that they could not he d.
vested Of Rithout their consent or forfeiture
oftheir charter, neither Of which has been
done, Except incidentally as hereinafter
may be charged and shown
Your relalor shows that from small
town the corporation limits have been eX-
tended, and is now a considerable city, with
from 10000 TO $4,000 inhabitants, with inn
mense wealth--the value of property,
taxable, etc, is worth several millions of
dollars that large sums Of money are levied
and collected annually, for the improve
ments, use, etc, of said corporation; that
said corporation, in its corporate capacity
owns a considerable amount of property,
real, personal and mixed, amounting to
- Thousands Of dollars; a great portion
Of the same, in consequence Of the causes
hereinafter shown, is in great danger Of
being squandered and wasted and lost to
the city; considerable sums and amounts
have already been improperly appropri-
ated, squandered and wasted, and TO pre-
vent malversation, peculation and waste,
lin one aspect,) this bill of complaint is
filed.
Your relator charges, however, that this
bill and complaint is for double or treble
aspect, and for various reliefs.
Your relator is a resident of said city,
the owner Of considerable real and taxable
property within said corporation his taxes
annually 49, hundred dollars in conse.
quence of this and other causes he feels a
vital interest in the prosperity, welfare and
good government of the city, and the safety
and proper management Of the city pro-
periy, etc.
Your relaior will further charge, that
by the amended and accepted charter of the
18th Of February, 1853, sec. II, W. Matt.
Brown was, on the day Of ---, 1867,
the qualified acting Mayor of said corpo-
ration, and was entitled to hold and enjoy
said office until his successor should be
duly elected and qualified. Then by the
elections in September, 1867, as contem-
plated by said charter, the said Mayor
Brown, considering the same 10 be illegal,
and the said Alden not entitled by law and
the charter aforesaid to be Mayor, did at
tempt TO hold over until his successor
should be duly elected and qualified.
Thereupon the said respondent, A. f. Al
den, on or about the = day of October,
1867, unlawfully, with force and arms,
elected and put out the said Brown, Mayor
as aforesaid, and ever since unlawfully
holds and pretends 70 exercise the office OF
Mayor himself TO The great detriment OF
the said w. Matt. Brown, Mayor as afore-
said.
Your relator expressly charges that the
said Alden was not eligible. He was not
identified with this people, he was totally
insolvent, Gid not bona fde own the FIVE
hundred dollars worth Of real estate within
the corporate limits, as required by the
charter But 10 avoid this, TO eyade and
cheat the law and deceive the citizens,
fraudulently, colorshly, without considera-
ton, aud not bona hde, procured one Henry
Harding, free man of color 10 make him
deed TO the oneShalf Of a lot on Crawford
street, for a colorado consideration of eight
hundred dollars, az expressed upon the face
of the deed, cash paid, which was fraud
a. he believes and charges not dollar was
paid, or intended TO be paid, therefore, with.
oat consideration and void.
Your relator charges, that he has recently
been informed that this has been levied
upon for a debt Of the said Aides, which
from, when the said Harding claims and
saws the said lot does not belong 20 said
Al3en-thRt the sale was a sham.
Even this was bought by Harding Of one
Childress, at a large amount upon long time
and lien retained for the purchase money
and not vet paid 90 the said Alden is nc
the owner Of Eve hundred dollars' worth oil
real estate within said corporation There
fore, A usurper, ard cannot lawfully exorcis,
any act Ia Mayor Nour relaior and the cit,
sre 10 great danger Of serious damage ant
loss for this unlawful usurpation-h,
should be expelled and the said w. Matt
Brown sdmiiTed 10 proceed a. Mayor, etc.
until Mayor, eligible, is elected an,
qualified.
Second. The aid Alden heing himself no
eligible, also several OF the City Counci
and Aldermen are not eligible, do not owl
real estate, or reside in the ward for whicl
they claim % represent; therefore, Thea
.eis are also void. The said ShRnklAnd, th
President of the Common Council, is q ms