Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-12-09
THE. CORPORATION CASE.
Chancellor shackleford Refuses TO
~ Grant the Injunction.
HIS opinion in run.

I
~ Grant the INJUNCTION.
HIS Optnion In Full.
The State Of Tennessee, on the relation of
Beech, and others, VS. T. A. Alden and Others,
This bill has been filed BY the relator
in the name of the State against E A
Alden and nineteen other citizens, ak c
whom are Aldermen, and thirteen Ceun
cilmen. The bill charges the city Q
Nashville was incorporated in 1874, tn
charter Of which has been several time
amended. That it is muaieipal govern
msnt, In which the citizens of the town anC
property holders might, by their own pru
| dent legislation, protect themselves ant
property, as community. That the city
now contains about 10000 inhabitants
That many of the citizens have been de
prived of the rights given them by tbs
charter. That the defendants are usurper'
and have taken the control Of the Offices o.
the city. That they combined with one
Hopkins Commissioner Of Registration,
and fraudulently and by force held an
election, excluding from and denying the
ballot to, not only the numerous class ex
| cluded by the franchise law, butthey fraud
ulently and by force kept from the polls, a
large number of persons who were entitled
to vote under the provisions Of that law.
That the persons who were thus kept from
the polls, we're sufficient to have changed
the result.
The defendants and others, organized as
Aldermen and Common Council of the
city of Nashville, upon application, denied
the opposing candidates hearing to contest
the election. That the pretended Aldermen
w. G. Kinney, John McGsvock, E. p
Cage, H. d. Grant, 81. D. Sweet and N. B.
Oterton and the pretended Councilmen,
w. J. Murphy, William Bright II. G.
Thsyer, R. T. Ginnis, J. N Sumner, Henry
Gurley, Wiley Duke, B. w. Kelsey, VIM.
Bonner, Squire Fain, VIM. Gray and ]. w.
johnson, were not only elected by fraud, but
they are without capacity to transsct i'm
portsnt business, and the performance Of
the delicate trust confided to them, and in
addiuon, they have not the real estate re-
quired by the charter, and their Offices are,
therefore, vacant. That Alden has not the
real estate required BY the charter to the
value of $500. That the defendants are
usurpers, and are inhicting upon the peo-
pie irreparable injury. They have organ
lied fire department. aud are carrying it
on at an outlay of sec, GOO; that the mana
gers are fayorites of the board and are utter
ly incompetent, and, therefore, the city
is in danger of being destroyed by fire that
they have put forward one Sheridan as tax
collector, Of no fixed character as will en-
able him to give the bond required by law;
that the bond given has no sufficient secu
rity, and if the fact of the insolvency of
the securities were known to the defend
ants, the taking of it was corruption; that
10 consequence Of the insuficiency of the
bond, the people are afraid 10 pay their
taxes, and threatened with penalties which
amount to con6scation.
They have bought of one Hugh McGSY-
ock, during the last term of the board, a
a tract of land for park, containing forty
six acres, at $1,000 per acre; that it is
nearly worthless, being marsh, and wholly
uDsuited for the purposes for which it was
designed that it is understood and be-
lieved that certain city officials secured 10
themselves valuable lands adjoining, by
purchase and fixed the price in the deed
greater than the amount given; that the
defendants are raising money at usurious
rates Of interest by selling its notes or
checks, thus raising money like bankrupts,
by selling their own notes or by Issuing
checks to the Finance Committee, who sell
or hypothecate them for what they can get
that judgments were rendered in the Fed
eral Court for large sums founded upon
usurious contracts, upon which checks
were made to be sold, and they failed to
plead usury and let judgments go; that
those judgments belonged to citizens OF
Tennessee, or to Ogden, one Of the owners
of the Peoples Bank, or some other favored
party; that large portion OF these judg-
ments is unpaid, amounting 10 100000;
that the money they have paid on these
judgments it is believed was raised from
the Peoples Bank, or advanced by said
Ogden at usurious rates; that another
order has been made upon the Finance
Committee for large sum of mo ley, and
they are hypothecsting or selling checks to
raise the same; that said Alden, a1d 9th
ers acting with him, procured the passage
of law by the Legislature authorizing the
corporation of Nashville to issue their bonds
TO the amountof $500, 900. An act was passed
and for a specific purpose, which was dis
regarded by the board; the former city
authorities of 1867, turned over to the
board $4,000 Of bonds, all of which had
been DISPOSED of with the sanction of Alden;
that they raised money by hypothecating
| the said bonds; the money raised, was used
in buying up checks; the bonds were sold
at fifty cents on the dollar; tax has been
laid of q mills Oh the dollar and was levied
by the board of 1867, which the present
board is collecting; this law, or assessment
| was made by men who we're not fualitisd,
they having no property or residence IN
| the city; that the assessments were too large
and were fraudulendy made and done &c
| increase the taxes, costs, etc: that the
Finance Committee refused to show whai
had been done, when called on, with large
amounts of checks; that Alden, the Mayor
| had refused, as chairman of the Financ;
| Committee, and kept secret the mode
manner, or terms of raising money. The
| bill prays that the said parties answer
| the allegations of the bill upon oath speci
| 6csIly: that the defendants be epjoineC
| from the issuance Of further checks OF
| notes; that Receiver be appointed TO taxi
| charge of the affairs of the corporation
| until the matters Of the bill are heard
| that he proceed to collect the taxes, an(
discharge the debts of the corporation, anC
that the defendants be declared usurpers
and turned out of Office. The bill was sworr
to by five of the relators; all of the defend
ants answered the bill, except Ogden
who is not before the Court. The.
have answered the several allegations, mos
of them at length, others simply denial
The substance of the answer is, as follows
To the first charge, they insist that the.
were legally elected Aldermen and Com
| mon Councilmen at the time appointed b
law for holding the city election. That tn
election was fair, and without fraud tina
| their constituents were their proper judges
| of their qualifications and fitness for tn
Office for which they we're elected; tbs
| each of them has freehold estate in lanC
in the city, as required by the charter.
Alden says he has bono fde title to laD(
without incumbrance, worth $500, bOugt
of Henry Harding. A fire departmer
was organized, the officers Of which hav
discharged their whole duties, and i
management and efficiency will compal
| with any tina. was ever organized in II
city, and costs about $4,000 per annun
| That the bond of Sheridan is for $50, 90
that the suretleS arc solEeht, 4nu nave pr
perry worth more than three times Il
, amount of the bond; the largest tsxpaye
, have paid their taxes, many of the relate
have also paid, and that they intend
: collect the balance Of the taxes due, vii
the penalties for refusing to pay. tt
Board of 1857 bought park, this vi
done on the petition Of 400 citizens of Il
l CITY of Nashville; that the present admit
4 istration had nothing to do with the pu
/ chase, OILY four members of the prese
Board were members of the Board Tia
o made the purchase; that all the mel