Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-12-03


otme and nv darling waiting at the door;
on LET me read bliss in thine eyes loving hsnsi
Lei me feel the same devotion as OF yorS-r 4 ~
W ~ % ~
To the Honorable Edward H. East,
chauceIIor of the Thirteenth
CI,oncery Division of the State of
,Eeunessee, Holding Court at NASH
Vile .-.-t GIL.
Io0sTNUED.l
rrbe defendants. Alden and others, came and
,emurred TO this bill; and the ease was heard
i'm omen court on a motion for an Injunction on
the hill and demurrer. The demurrer 70 that
mart of the bill which charged irregulanty
ana fraud in the election was allowed; but il
was diSallowed as 20 that part Of the bin
which charged that the defendants were III
rIigible and their Offices vacant; and an in
Junction was granted, which perhaps VIII DC
better understood by a copy OF the decree rem
dered by the court, Nov 10. 1865, which 4
herewith fled, marked Exhibit A, which IS
made part hereof, but not to be copied; and,
a. appears by said decree, the defendants
praved IN appeal theretr0m 70 the supreme
( 'onft which Was granted; ana the case was
30 taken to the Supreme Court on demurrer
'Ph,,re As IN the court papers in the causc an
IA! -,,1cr marked on the back bY sOmebOdt,
mot signed by the Z. and NJ AS hled NOV. II;
bltcompIainants suppose this cannot be taken
IS S17,-1iqrt az therecOrd in said cause. said
answer teens with falsehood from beginning
Id end: and among other false statements, 10
49, that each of the defendants Is posses sed
~ the 1,i0uisite freehold qualifications; but no
l,l.sii.Ft Is made of any deeds, nor ~ any klnd
ofnOcr made TO show or cNhibt any evidence
orfitlc Aud 50 the case STANDS 70 TINS u95 /,
A. \ Inn filed against the SAID Alden and
others alleging facts which show under the
law that the Offices they pretended 10 MI were
vacant: and a demurrer. admitting the charges
10 be true and a failure 20 answer on tle de-
! a. ~ 11aru fsA
Co,nnIninants will insist that these proceed
,nrs OF themselves alone. were sufficient no.
tire 10 an the world, 50 far - the cOrporatOTs
or inhabitants Of the city of Nashville could
give il, not to deal with these pretenders as
the ofjcerS of complainants' corporation. The
bill N said case was Tiled m the name CT The
state an relation of II. ii Thornbe.g, X. Il
Castleman. and other citizens, on Jeha OF
many citizens al NdshNille' as wei a. On thSiI
own account"
And now compliments further show unto
yuur Honor that during the first yea succeed
ing the violent sclEnre OF the oilees OF the
ia CORPORATION, and Of its seal, archives.
puhlic halls, buildings and property. IN which
The said Alden and the said pretended Alder
men and Uouucilmen did not come IN under
any color oil right, but IN open contempt OF all
,-iolt whatever. and by open violence, without
ColCrof the forms Of laW-duflng sald hrst year
Of ths pretended administration OF SAID usHrp-
crS while they were 10y law lneliglDte anu
their Offices as to them 10y law vacant issued
larse numbers of corporation checks, and
some $500 900 nominal valuC) oi the bonds oil
the corporation of Nashville. These corpora
lion cheeks are orders drawn by the recorder
Of the corporatiOa addressei to the Treasurer
theTeor and counteTsigncd by the Mayor,
Whereby the said Treasurer is directed TO pay
10 the person named therein or bearer sum OF
money 7hcre is no authority IN the charter
81 the csrp0ration to issue such Oruers lOr any
t.ur.o-e: but lIy a prOvIsO 10 the 9th section Of
IN act passed Nov 81 1873, 1t Is provided that
aspecihc authority therein granted to borrow
money shall not he construed as cOnierrlng
on said corporation POWER to issue paper
that shall circulate as money" COmplalnantS
insist that this provision OF law lAs not been
repealcA hy any subsequent act, and that
ance by said corporation Of any scrip, orders,
checks or any KIND Of paper, intended te be
uassgd from one person TO another; and fhat
even without said special prohibition, Inc
same would be unlawful: and the direction in
the face oil any such order to pay TO the bearer,
could under the law only confer upon the
Treasurer authority TO pay the money 50 d.
rected 60 DE paid to the bearer for the person
10 whom such order was originally Issued
Tua for many years 1t has been the custom OF
.s0m 81 ainantS' corporation, whenever bg au-
ihority Of law sum of money was 10 be pad
from the city treasury, and whenever money
yas ordered by the lawful authority OF the
CITY Council 10 be paid out Of said treasury, to
cause the same 10 be done by an order drawn
ON the Treasurer, signed by the Recorder, and
rountersigned by the Mayor. And such order
ONLY intended 10 DC uoGu loI INC pun posG
indicated upon its face, Of being presented TO
Tho Treasurer, who, on payment OF the same,
would retain such order or check as MS
voucher or evidence OF said payment. by
bv law Of said corporation, in force for many
wears before the time In question, and at that
time and still in force, it is provided " that no
person whether a member Of the City Council
or officer of the corporation, shall Ofderl con
tract o. do anything whereby an expenditure
pf money il the consequence, or liability Is To
LA, incurred, unless authorized by existing
IaSs or by order of the City Council; and the
Recorder IS hereby required 70 Issue no cheek
,Inob the Treasurer in his official character
for money, unless by authority OF the Clty
Council or in pursuance OF existing laws OF
the corpora ion" And by proviso an eN-
ceptiUn j. made, IN case oil emergency, 10 Keep
fbe W atcrwOrks of the city IN running order
And another section Of said bylaw provides
.Lat % an checks issued by the Recorder shall
be cOuntcrsigned blythe Mayor; and nc shali
ne rauuircd to Keep accurate accounts OF the
checks ISSUED. The allowance Of accounts and
apprepratiOnS TO pay the same shall be made
al the first regular meeting each month ol the
two boards Respectively Now, by the laws
pr said corporation, Il II prov ided that certain
U\rd salaries shall he paid TO its officers AT
-taUed periods; and 1t IS admitted that these
aaVments may be made without any special
p, Unwance ct the accounts of such Ohcers: and
that the Recorder may Issue and the Mayor
.oUEtcrsign checks on the treasurer lOi
such zums Ui money, " IN pursuance OF CNlst-
ing laws Of the corporation"
itut not only uIt the bIttEhtlth Mayor. Al
1,.IYut.p and CsuncIImen. during the FIST yeal
OF the u-urpatiOn as well - their Successors
afreiW ards assume 10 make All manner OF coz
tracts 60 bind said corporation, which they haC
Yn lal,I tll right TO debut they proceeded to hC
,,byr Ian rll officers could not lawfully do, Tn,
Recorder issued checks m great number anC
tu a.u immense amount. without authority %
LAW and " Ithout authority OF thc city council
Al ume- aud indeed for large part Of ia,
.,mt. the said Alden and the other pTctendcr
p,nploycd vast sWams of lahorers. mostly
pegrotas drawn around them Tor their votes
few white men at the time being allowed t'
,ote-who were put e. work. or pretended
,r.rk ON the streets of the city. This wa
iuu. most imuroyidunUy. both rs to the mum
hur employed and the work assigned them
and they were paid wage much hlEher lhai
prIyatp employers were paving. And every
month the Recorder regularly issued check
To- these employees in smaller and larger sums
There WAS no law authorizing these payments
and they were not authorized by the Cit
I.uucu or pretended Council. The matte
IA. wholly in the hands OF at most three @
r8ur persons. who employed whom the
pleased and a. many as they pleased, to a.
what they pleased: and this little clique pal
these EMPLOYEES whatever wages they pleased
They made out a pay roll monthly, ana pa
upon the roll whatever names they pleased
and uppu~ tie Ia these aames certain sum q
money was ~rtdUwn; and on tins the RecOltt
5--u,I his checks. and the pretended Mayo
.uuuttr-l gurd the same. without any action q
rhr-o called city Council There was nothin
90 hinder the Chairman OF the street commit
t.G who was the chief manager Of that depart
turUr To- nut "a O uUSand names on his pay rul
aud pay them all $3.50 OF even more per day
And the Recorder did not hesitate to sign. q
the Mayor CUuntcrsign checks on such au
tuorIty These checks were not expected %
snianucd 60 bc paid 10y the Treasurer; but 20 D
sold tothe money brokers. who sold them agal
a. those who had payments TO make to the col
t,uratiun of taxes or other debts, and 10 SpcCI
i,t,-. many Of whom brought suit or thcI
AGAINST the corporation These, may II plea
vuur Honor, are what the legal advisers OF u
check holders are pleased 10 call hfe-pro,
check, 80 -uppu~ing that there can be nc dOul
- the binding Obj IgatIOn OF a check which
tnt "A small uneven amount. ana has the al
ttearancu OF having been issued Tor work an
labor done JOmplainants are wiling To pa
a mn and reasonable price for all work az
laI,pr done ON the streets OF the city, thouP
n NAV have been unnecessary, aud contract,
G,r by persons not authorized 20 bind thel
Eut ratnplainantS insist that they have rig
"a some evidence that such work and lab
as ,lpuc-that they are not bound by the
checks. fist, because they are not IN the han,
,f the original creditor, n there was on
"a IN checks not being negotiable, OF IN la
.,,au,Ied 10 be negotiable. Second, the sa
Alden aud the Recorder, who signed q
checks Ia question, were not "ncefs Oh u
.,r.,ra.ion even de fICtO, having come In a
t4c Mayor and the Council which appolhb
an. Recorder not under color of right, but
,.utrtupt OF all right Whateyer-and hOldil
bN force positions from which the law Dy
most emphatic terms excluded tnCln, even
they had come in righttully at first. Al
third, because ii the pretenders had been
perfectly legal Board, the law OF the corpOr
ilou, which the charter requires to be pu
llshad, and Is published for the information
an interested, iorhids in the most pOsiti
terms the Issuance of any checks unless
authority Of the City Council, OF in pursuant
of existing laws of the corporation" The
N-ASuCitheT such law nor sHCh authority for q
issuance of these checks, as the purchase
rauld have asccrtained upon even a casual i
.,lllrv And com plainants allege that the col
.rupity is flooded with such checks, so isSu
without the authority of the cOrporatiO
either hy general ordinance or special all0'
.ure OF accounts by even pretended come
There was another side check mill not mc
f,pned bsfOrc, called the pay roll OF the Wat
works department; and still another call
an, nay roll of the Fire Department On
f1rcr OF these pay rolls there may have lie
,ur names Of persons whom the preteude
b,I stpointcd 10 positions, the pay OF viii
4. 6Ncd hy law but the great mass OF mann
"a Ial.t ON The street and Watcrworks Depa
mont nav rolls. were not such, and there "
an SORT Of check to the extension OF the =
Tl,ll, 10 any number, and no sufficient a
ll,,ttIl check b. the issuance OF checks on 81
-. IN. la parties who had done no work