Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-12-04

tfiDute tDS iuOucy 10 tue OtaSe, Dtb IL j;
: levied upon him by the State, and thert.
fore falls into the hands of the State as il:
own property. Could your Honor, said
Mr.. Baxter, remove any of these officers
Judge Shackleford, in response to this
question, said suppose the Mayor and
City Council would become indignant at
the citizens of Nashville ard would not
supply them with water, could not the
court remove them from office? Could
not the court interfere on behalf of the
citizens? ..,, .i..g,., ., -.
Mr.. Baxter replied 10 this question as
follows: This court could no more compel
the corporation to supply the citizens with
water or run the fire department, than the
County Court. II these men are removed
| the city will be left without any officers,
for this court has no power to fill any va.
cancies. 1t was obvious that the Legisla-
ture never intended to vest the Chancellor
with the power to elect the peoples rulers.
There was never before q case where
bill was brought before a Chancellor
asking him to take charge Of city and
remove the officers and TO assume the whole
charge of the corporation himself The
question comes up as TO whether these
people are wholly unprotected. They are
protected. If the injuries which they
claim have been inflicted upon them, the
State Of Tennessee which governs and pro-
tects everybody ought to protect them.
The State of Tennessee should have Sled
this bill, she being the party to whom This
property belongs. These gentlemen have
no authority to use the States name in
fling that bill. No one can give the
consent Of the State bat the Legislature,
the Governor or the Attorney General.
The State has TO take care of herself, es-
pecially in such troublesome times. The
State of Tennessee has great interest in
this city. IL has disfranchised that ele-
ment that was hostile TO the State and
city governments. 1t is impossible that
these gentlemen can override the AItor-
ney General, and GUST from office the men
who were elected under the provisions of the
franchise law. If the country does not
suit them why don't they leave it. If
their rights were restored TO them in many
years they should be thankful. This
is an indirect attempt of those who are op
posed to the present city administration TO
break down its government. If these
men are thrown out of office the franchise
law will remain to a letter on the books
forever.
The speaker then after a few more re-
marks, concluded his argument.
Gov. Neill s. Brown was the next speaker
for the complainants. He spoke sub
stantially as follows;
There have been insinuations thrown
out, that this onslaught on the corporation
had been made by the lawyers. He had
understood that this bill was the result Of
deIiberation conceived and held by the
people themselves. He had never urged
ANYTHING of the sort. He was sorry that
gentlemen had thought proper to give
this question political discussion.
Disfranchised men or people have got the
same rights Of other people. They are
equal before the law and he was prepared
to maintain by reason and authority that
the people Of Nashville whether Rebels or
Radicals, white or black, have a right to
come into this court; if they are grieved
they have a right 10 be heard, and they
have no right TO have the iDsurrection
II
| loyal and that they have no rights. He
| repudiatcd sll such people and would
| leave them to speak for themselves. The
| question is are vein the proper form ia ac-
| cordanee with the bill. The attorney of
| this district could not bring this suit with
/ out the consent of The Legislature. The
| gentleman who just addressed you so IN
| geniously and periodically seems to think
Il II Il. tod
| ton gotten up for the express purpose OF
making money. The corporation OF the
| CITY of Nashville is no more a part of the
! State sovereignty Than any other cOrpora
| ton. Is il so sacred that a Court Of
| Chancery cannot touch it? Is it thing
| that cannot be touched or scru:inizsd lt
is said TO be public corporation. The best
| definition given for it would be publie-pri-
| yate corporation. What is it made for 1t
was made for the benefit of the people who
lived here, because the people here needed
| a local police force .and other necessaTies
that city needs. This property here can
be dealt with according to the general laws
of the State. Was it created for great
State purposes; whose property is this? II
is the peoples, subject TO be taxed. He
| did not have any objection TO the word
public servant, but did abhor the word
master. Because these men are rulers Ct
the city, are they to be called our masters
He never would let his slaves call him
master when he could help it. This cor
poration has its rights in its charter. This
court has the right 10 prevent mischief be-
yond this statute. Suppose these men here
were about TO take the money Of the
CITY and build houses for themselves,
| and were about TO take the money out oil
| the treasury and build roads, how long
would it take your Honor to decide against
| apv such mischief az that? He was a tax
| having man, and never would shirk from
il. We say the taxes of the city are
| being sduandered; We say that they have
| not given sufficient security that that they
are not freehOlders, and are unqualified to
hold the office. The Issuing Of checks at
| liberty is the greatest danger, looking TO
| the financial ruin Of this city. They do
mot give US any account as to the amount
of checks hypothetical, or as to the debt
of the city. Nearly every charge an the
bill il evaded for some cause or other.
They have no power to issue checks.
Where did they get the power 10 issue
. | checks? Does the charter allow 1t? L
this power of issuing checks is not limited
thew will never stop. What right have
thew got to issue checks when they know
, | that they cannot buy them The. American
: | colonies rCsorted to this system anC
| never did meet it. IL is a dangerous syt
tenn to resort to. This corporation IS liviDt
| upon checks. The argument here at III,
: bar is that they will not pay them at al
events they pay slowly. They say 10 on
part Of their answer that the people vii
not pay their taxes, and that there Is no
f thing to Justify them in paying the deb
p They had to go to the Legislature to &c
permission to issue bonds, and now the
can issue bonds like they do checks. Th
a const tuition says that no State shall issu
their bills of credit But they say that
q was done before they came here; that
was done ia the Mat Brown adminislrI
II ton, and they have inherited all this frol
l. the previous administration, and therefJi
.e we are justified in doing wrong. The pr
g cadiug administration covered time
great difficulties, it being just after I'll
ie war. IL is a very poor answer to say thu
lie Give did not do as bad as the Ma
IL Brown administration" And they say
re9ard to this Park down here, that thel
were only few of them IN the Board vi
e. were concerned in that scheme. AbI vel
Dr. poor purchase when the city was SO largel
" in Debt. What is thought of the corpor;
= tion when:they go down here and purcha
\ Park and issue $500, 900 in bonds for Il
p payment thereof The place ia IN 10
er ground, subject 10 inundation. The que
of lion is. are they abusing their powers Il
. buying a thing that will never do them al
~ pood2 Is there no remedy for all the
" things?