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


own peculiar merits, and all parties in IN
terest may be made such, although inter
ested in different ways. etc, and the bill
not multifarious for this. See g. NJ. Fogg
ct. al. rs. John B. Rogers, ct al, second
Coldwell report 290. Aniniunction should
be granted to prevent this great wrong.
Rutherford rs. Melcalf, 5th Haynes reports,
also I'd Hump. reports AGO 40.
Then 1t is charged that Mayor Alden, B.
J. Sheridan, Revenue Collector, NJ.
Cockrell, Water Tax Collector, Major
Gunkel, and all bonds, totally worthless,
securities all insolvent, the money will be
squsndered, and relator and the corpora
ton suffer, ETC. Then should they not be
enioined until good bonds are given, etc.
Then the bill refers to the charter, which
was accepted; then there are vested rights,
ETC., by which certain duties, REQUESTS,
qualifications, etc, all Of which will APP
pear, etc, By the charter referred to.
Then, that the Metropolitan Police Com.
missioners, etc, is nullity, unauthorized
and void, and in consequences of which a
perpetual Injunction has been had against
then, when they appealed to the Supreme
Court where the cause now is that they
disregard the Injunction in contempt OF
court, usurped the Office and organized,
ETC., and set at defiance the charter; and
the said Alden, as usurping Mayor, to
keep them in power, is attempting to dis
miss this suit and prevent trial upon its
merits, for this an injunction is also asked
upon several grounds first, this Metropol-
itan Police act, as it is termed, is uncon-
stitutional, null and void, as it infringes
upon vested rights. When an unconstitu-
tional power has been delegated by the Lee
gislature, this may be enjoined. 2 Hump
428, 433 3 Hump. r. 18l.
Ifgranted improperly, it may be Dissolved
upon answer and bond, then all parties
would be safe. 3 Yerger, R S69; Hump,
R54.
Then as before shown, here were vested
rights. 1t has been well settled, even be-
yond controversy, that charter of incor-
poration is contract. and any statute
altering il in a material manner, without
the consent of the corporation, is law
impairing the obligation of contracts, inn
pairing the charter, therefore unconstitu-
tional, null and void. See Wheaton, r
SIS; 8 Yearger, r 400, sos; 5 Hump, r
279, 288; 6 Hump, r 36S, 374; Peck, K
505 Then examine the charter Of The city
of Nashville then the Metropolitan Police
law; the amended and consolidated charter,
as accepted of February Is, 1858; revised
city laws of1S60, page so.
Section IL shows perpetual success
sion, ETC., powers and duties, etc.
Section IL defines elections, eligibility,
etc Aldermen and Councilmen to be Free
holders, etc. isita
Section IA. That the Mayor shall be
elected by the qualified voters, etc, and
hold his Office for one year, and until his
successor shall be elected and qualified.
Then further, that no person shall be
eligible to the Office of Mayor who is not a
citizen of the State of Tennessee, and been
a bona fde citizen of Nashville for two
years next preceding his election, and
the possession of freehold estate in said
city of at least the value of $500, and if
he removes from the city or ceases to be
such freeholder, he shall vaeate his Office.
See this on page 81 ofthe city laws.
Now, it is charged that Alden is a
usurper, not citizen az required to-
tally iusolvent; does not possess a dollars
worth of real estate in the city or any-
where else that he is totally ineligible;
that all his acts and checks are void; that
he should be eBjoined, displaced, removed,
etc. And all tliis issrue; therefore, he has
no more right to the Office of Mayor Of the
city of Nashville than woodpeeker. That
he fraadulently, and by force Of arms took
possession Of it and the city property,
and by force aud fear keeps out the proper
officer, etc. (See the bill.)
Then as the charter has not been changed
and accepted, the whole Metropolitan Po-
lice force is a usurpation, unconstitutional,
null and void that they should be ems
Joined.
That other officers are improper, etc,
null and void, aud should be enjoined, as
shown. That the members of the City
Council have made contracts, elected
each other to Office in other words, do
mated out the offices among themselves
and still hold on to their positions as
Aldermen and Councilmen, in the face of
sections 1898 and 1899 Of the Code, in
consequence Of which they have bankrupted
the corporation; that the corporation
property il in great danger of being
wasted and squandered. Therefore, it
should be attached and secured.
Is it possible that the real citizens and
taxpayers of Nashville are TO be thus
gulled, kicked out, sold out, stock, lock
and barrel, to feed and clothe a set of
hungry adventures, left behind when the
army left, and who have no position or
standing at home.
There is a remedy az pointed out in
the bill, and the authorities here re.
ferred to.
| am satisfied the enjoinder and ATTACKS
ment should be granted, "a prayed for,
and the bill sustained, etc.
NJ. NJ. BRIEN, ST., Sol
CHANCELLOR HARRIsoN's REPLY.
The following are Chancellor Harrison's
reasons for refusing the application sue
cinctly stated:
An application for an Injunction, at
tachment, etc, is made to me at chambers
by compliments in the bill filed by M. NJ.
Brien, relator, ETC., who, as the bill states,
" complains for himself, the legal Mayor
and Aldermen Of the city of Nashville, es-
pecially w. Matt. Brown, Mayor, etc., in
their joint capacity, known and called "the
City Council" together for all other in
terested parties and taxpayers, etc, who
may wish to become parties, and are al
lowed to be made such by the court"
against A. Z. Alden, Ad6lph Nelson, Presi-
dent of the Board Of Aldermen, A. B.
Shankland President of the Common
Council, and Others, now acting as a Board
Of Mayor and Aldermen Of the city and
corporation of Nashville, in their joint
capacity, called the City Council, Rufus
Henry, Treasurer, B. J. Sheridan, Reve-
nue. Collector, Martin CockrelI, Water Tax
Collector, Major Gunkle, Revenue Asses-
sor, s. F. Allen, and - Cook, - Stone,
James Davis and DIR. Sparkling, acting as
officers and Commissioners of what is called
the Metropolitan Police Court, law, etc.,
and all other officers and policemen ap-
pointed and acting under said Commission
ers, las so-cslled."l
The bill is the third of series brought
by complainant w. Matt. Brown, formerly
Mayor, and the City Council Of Nashville,
and this is the second application made TO
me by said Brown and what is known as
"the old Board, mainly to enjoin the
present Mayor and City Council from exer-
cising the functions of their Office. The
bill is sworn TO by complainant Brien, who
seems not to have known of the former APP
plieaiion for an injunction, made By de-
PENDANT Brown and the old board. Com
plainant Brown, although the bill now pre-
sented stales that the "relator" Brien
a. comnlainz for bimsalf thu laral Mavnr