Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-02-06
muNrCrPAL AFFAIRs.


The Application for a Mandamus 10
Compel the Enforcement OF the New
Ordinance. rt1ar
The following is the application made to
Judge Cary for nlandamus to Recorder
Mills to comply with the terms of the new
ordinance, with regard to paying corpora
ton officers and employees in lawful curren-
cy of the United States or its equivalent
The State Of Tennessee upon the relation
of John H. Wood VS.. VIM. Mills, Re
corder of the city of Nashville. In
Circuit Court for Davidson county. Pc
tition for manddHlts.
To The Hon. Eugene Gary, Judge Of the Cir
c1tit Court Of DdUidson county, Tennessee:
The petition of John II. Woods respect
pectfully shows unto your Honor, that on
the 22d Of October, 1867, he was duly APP
pointed an Engineer in the Fire Depart
ment of the city of Nashville, an office
created by the corporate authorities of said
city, under the laws and ordinances thereof,
to serve for the term of one year, and that
he entered upon the discharge of his duties
as such, and is now engaged in the per
formance of the same that the duty OF his
said Office was fixed by ordinance of the
city of Nashville, passed on the 18th day
Of October, 1867, and prior to his appoint
ment to his said Office, at the sum of $1,000
per annum, payable at the end of each
month, in accordance with the charter OF
saidcity, to which ordinance your petitioner
begs leave TO refer, that the same may more
fully and at large appear.
Your petitioner would now show unto
your Honor that the respondent, William
Mills, was duly elected Recorder for the
city Of Nashville, which is also an Office
created by the corporate authorities of said
city, and was duly qualified, and is now
engaged in the performance of his duties
as such, which are defined and regulated by
ordinances of the city of Nashville; that it
is a part of the official duties of the Re
corder of said city, inter ala, to make his
warrant or order on the Treasurer of said
city, In payment of services rendered said
city, and for the salary of the various city
officers, including your petitioner, which
said warrants or orders are to be counter
signed by the Mayor and presented to the
Treasurer for payment. Your petitioner
has been in the habit of receiving his
monthly salary as Engineer of the Fire
Department, as aforesaid, from the City
Recorder at the end of each month, in such
checks, orders or warrants on the Treas
urer, but the said Treasurer has, for long
time, been unable to pay such checks,
warrants or orders, owing to the greatly
embarrassed financial condition of said
city, and he had no money to pay
the same when presented; that by
reason of such inability or failure to
pay promptly such checks or warrants
when presented, and as fast as they were
issued, the same became greatly depreci-
ated in value, aud have been for a long
time selling in market at a large discount.
In view of this depreciation, and to secure
payment to the different agents. officers
and employees of the city, in current funds,
the City Council, by an ordinance passed
on the 23d day of January, 1868, directed
and prescribed that certain of the officers
and employees of said city should be paid
in lawful current money, or that in lieu
thereof, the warrant, order or check by
which they we're paid should be such an
amount that the same, on being sold In
market at current rates of discount, would
produce or be equivalent to the salary or
wages Of such officer, agent or employee
in lawful money. Your petitioner has
annexed hereto printed copy of said ordi-
nance, which was duly approved by the
Mayor, (marked "exhibet A') and which
prays may be taken and considered as
part of this petition. Your petitioner
would now show unto your Honor that on
the Sd day of February, 1868, he applied
to the said William Mills, as Recorder as
aforesaid, for payment of the salary due
him for the month of January, 1868, being
one hundred and twenty-fv dollars, &C
| cording 10 the ordinance before mentioned,
| by which your petitioners salary was es-
tablished; on the said Sd day of February,
| 1868, the current rate of discount on checks
or warrants issued by said Recorder on
| the Treasurer, in the market was forty
cents in the dollar, whereby yonr petition
| er became and was entitled to receive
| checks or warrants amounting to the sum
of $20S so, which amount of checks, or
| warrants or orders, your petitioner de
manded of said VIM. Mills, Recorder, as
aforesaid, but he refused to issue or de-
liver TO your petitioner any other or great
er sum in such warrants or checks than
1925, being the amount due, estimating
them at their par value, and which your
petitioner refused to accept.
Inasmuch az your petitioner is without
remedy, unless the court shall interfere by
mandamus, he prays that your Honor will
direct and allow a writ of mandamus to
issue commanding the said VIM. Mills, as
Recorder as aforesaid, TO issue and de
liver TO him in checks, warrants or orders
on the Treasurer $20S so, in payment O
his said salary as Engineer of the Fire
Department, for the month of January
1868, under and in pursuance of the ordi
nance of said city, referred TO in Exhibit
A." and for such other and further relic
as your petitioner may be entitled TO re
ceiye. And your petitioner will ever pray
etc. Z. A. 0Ts,
Attorney of petitioner.