Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-02-11
REAsONs WHY.
Recorder Mills Files an Answer TO the
Application for n Mandamus.

Application for n Efaudamus.
The following document was filed in the
Circuit Court Yesterday as the answer @
Recorder Mills to the application Of Johr
Woods for a msndamus to compel the Re
corder to make good the discount on cor
poration checks in paying salaries, as pro
vided by an act Of the City Council. Thu
case viii not be argued before Thursday
The State Of Tennessee upon the relation o
John Woods Us- William MiHs, Recorder o
the City Of Nashville, on petition Of relstor,
In the Circuit Court of Davidson county
on alternative mandamus William Mills
respondent under said writ. appearing 10
court according to the mandate, respect
fully shows eause Why the same should noi
be made peremptory, but. with the petition
should be dismissed At the costs of the re-
lator.
Respondent admits the facts stated in
the petition, together with the ordinance
made and exhibit in the same, bnt submits,
by the,way of demurrer, thatthe statements
in the petition are insufficient in law TO au-
fhorize the required mandate, or the in
surance of the checks or orders demanded
Of respondent for the causes.
First. The statement admits the appoint
ment Of petitioner TO an Office on the 22d
of October last, and that the salary or com
pensation for such Office had been fixed by
ordinance Of said city on the 18th Of the
same month. Respondent submits that by
the 15ihsection of the act of February Is,
1858, amending the charter of said city
and authorizing such appointment or
election" as described by The petitioner,
and under which his appointment was
made by the City Council, if is provided
that such Council Shall also fix the com
pensation Of such officers before their cleo
ton, which shall not he increased or di-
minished during their term of office"
Respondent submits that by. the state
ment Of the petitioner his term ofoffice did
not expire until October next, and that the
salary OF one hundred and twenty five dol
lara for the month ofJanuary was the legal
compensation fixed before his appointment,
aud, therefore respondent AYERS that both
the Council and himself are prohibited
by law from any increase Of the same. Re
sPondentsubmits that the salary named was
the only Indebtedness of the city, and that
the embarrassed condition of the finances
OF the city, and the depreciation of her OBJ
legations, checks or orders, did not author
ize any increase of such Indebtedness 10
compensate for such depreciation. Il was
a bonus or premium on the legal salary
which was prohibited by law.
Respondent admits the duty TO paw the
officers and employees, and that the CITY
Council, in the earnest desire of the mem
bers Of both branches TO fulfill such duty.
and meet their just demands for services to
the corporation, passed the ordinance in
question. Respondent would further adj
nit that the embarrassed condition of the
finances was the result of former indebted
ness, contracts and obligations which the
City Council could not overcome until thew
were enabled to enforce the collection of
taxes long overdue, and also to establish
economy and retrenchment, but he submits
that the checks or orders of the city are
drawn upon funds created in trust for the
payment Of the legal dues, obligations and
salaries, and cannot be drawn for any con
sideration of moral equity or relief from
the consequences Of failure to pay lawful
debts.
Second. Respondent therefore submits
to the court that, besides the force of the
fifteenth section in question, there exists
no legal nor iustifable consideration for
the payment of the bonds or excess of
S02 so demanded by petitioner, and that
the City Council could not authorize such
payment Justly from the funds of the city
holden in trust for legal dues and ex-
penses. Such authorization would give a
gratuity over the legal obligation which
the powers of the corporation would not
sanction; much less could such power be
delegated. Respondent having admitted
the relevant statements of the petition,
makes this averment in qualification and
addition TO the same that he is a minis.
terial officer of the city, with no discre-
ioDary powers nor functions, and no au-
thority to determine or fix any rates of
discount.
Third. Respondent submits 10 the court
that whatever plenary or discretionary
power exists over the city funds or obliga-
lions beyond the power otthe constituency,
is vested 10 the City Council with the
Mayor, and that they alone can determine
(if any such power exists what bonus or
discount can be paid over the legal dues of
the city. They alone could dispose of the
means of the city for moral considerations,
and the Discretionary power must be exer-
cised by them to fix the rates and to de-
termine the amount to be paid Respond
ent submits that his functions and powers
only authorize him to draw orders or checks
on the treasury for compensation fixed by
law, and that he neither has, nor in his
| opinion a. he is advised, could be vested
with Discretionary authority oYerthe treas
ury and means of the city.
Respondent also states that, SO far as he
has knowledge he is only authorized BY a
resolution of the City Council to draw
checks or orders for the payment of officers
and employees, and neither by the terms nor
implication of meaning in such resolution
to exercise any discretionary power.
Fourth, Respondent submits that the or
dinance in question fails TO designate any
standard or means Of determining the cur
rent rates of discount, and is entirely too
vague and uncertain TO authorize him to
Issue any evidence of Indebtedness for the
additional sum claimed by the petitioner.
Respondent having submitted these OBJ
J iections, prays the Court to consider the
same with such other reasons az by law
authorize his refusal in the premises, to the
end that he may be fully protected with
his securities from liability, and believing
such refusal 10 have been required by law
prays that the writof mandomls be quashed
and the petition dismissed at the costs o
the relator. WM. MILLS.
CITY DIsPESsARY.-The following is ;
report oft the City Dispensary for the month
| of January. 1868.