Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-03-19
TIE INJUNCTION.
WHAT m rs, AND WHO ARE
THE EMPOWERS.
An Easy Way 20 ObVLate the
Bend Trouble.
a Card franz VIM. M Earring
ten, Esq.

! EAL8S AJE the ADIlLCa4OGy VIZ W IL "a
Harrington, R. G. Brinklty, John Over
ton, j., Samuel Mosby, w. B. Green
law, Il. B. Church, VIM. r. Hunt snd
Charles Jones, and was sworn to by Vim.
Richardson Hunt.
The Injunction granted by the Chan
eell0r reads as follows:
upon c~omplainants executing bond,
with security in the sum of $500, the
Clerk and Master will issue the writ Of
Injunction, restraining defendants from
using the bonds Of the city Of Memphis
authorized by ordinance of February is,
1859, except for the purpose of funding
the debt of the city as provided for in
section 4, chapter So, Of the ACT OF De-
cember 3, 1867.
Signed w. NJ. SMITH,
Chancellor
MEMPHIS, March II, 1863.
As already stated in the APPEAL Of
Wednesday, Col. Morgan, the City At
torney, has made a motion for a medi-
ticstion OF the injunction, and the argu-
ment will be heard to-day.
Meanwhile, thinking that we recog-
niZed among the gentlemen who figure in
the application for the Injunction, some
names which we had seen connected
with pretty heavy delinquencies on the
tax collectors books, we took the trouble
Z esterdsy OF looking at the books Of Col.
Bowen, with the following result:
Mr.. w. B. Greenlsw owes SlO05 only,
having paid SO, 900 taxes q short time
since.
Mr.. Charles Jones owes, individually,
S3704 Il, and Jones & Greenlaw "
1928 80, masking a total of $4958 OF.
Mr. r. G. Brinkley owes in the neigh
borh0cd OF 81 900. Two distress war
rants have been issued against him, n
for Sl9,649 II, and the other for Sl6,-
43l 50, making $50 $50 AZ. Beside this
sum he owes some $1,000, making in ali
S4I, 060 ~.
Mr.. John Overton, jr., yves about
SO, 800.
TIE other gentlemen owe an aggregate
| of some $4,000.
Thus We have 8 snug little aggregate
owing the city by these gentlemen, of
sixty thousand five hundred dollars $780,
500, enough to run the whole city gov
eminent three months, or enough to pay
off every cent Of the pressing indebted
ness Of the city, money due the fire.
men and street laboreTs, q good portion
of it,, and have twenty thousand dol
lars left toward paying the July interest.
Just think OF it, gentlemen. Here IS a
quick and easy solution OF the bond
question which so veXes your souls. just
step up to the Captains office I" and
pay what you owe, and then there will
be 10 need Of iniunctions and litigation
no need of your sleepless vigilance to
guard the city's Golfers and no need Of
bonds.
AS we have no disposition to deal
otherwise than il 8 spirit of fair plsy, in
this as in all matters OF public interest,
we append the following explanatory
letter from an estimsble and worthy
merchant and enterprising citizen, one Of
the party whose prayer has been con-
seuted to by the Chaneery Court, and
whO by the vulgar Sre now styled the
q" iDjunctsrs :"
Editors Memphis Appeal:
1 desire to say q word in relation to
the message Of Mayor Leftwieh, in which
he Fe;er1 to the injunction granted by the
honorable Chancellor at the instance of
ether property holders and myself.
We were advised by eminent lawyers
that the i've hundred thousand dollars
bonds could only be used for the purposes
authorized by the ordinance of the City
! Council and the vote OF the people, and
az the expressed OBJ; ect II the ordinance
wss to iund the due Indebtedness for the
term Of thirty years, it would be illegal
| 10 sell them for money uGder par, or to
hyp0thecGte them as a basis Of borrow
ing money.
II this legal advice was correct, we 3w
al a glance that the Cre million Of bonds
Issued q year ago was Illegal, or used in
81 Illegal msnneF, and we determined TO
tez. tie issue Of the proposed five hun-
dred thousand dollars in the courts
of the country. Bear in mind
that our action was based upOn the
avOwed purpose OF the Acting Mayor
and Finance Committee, to use them as
a collateral for a loan. This was stated
in the bill, and the Hon, Chancellor
promptly restrained the use OF tbs bonds.
The Mayor has srraigued the property
holders before the public for daring e.
question his authority when the true
state OF the case is, they have restrained
him az their agent from exercising pow
or that be Is not authorised to de. II,
upon a full investigation OF the case be-
fore the Court, waere both parties will
be fairly heard, it should be held that the
Mayor and Aldermen have disposed of
one million OF bonds, and were prepar.
ing to dispose Of half o million more in
sn unauthOriz sd manner, l presume no
one will say that the action Of q part Of
the property holders OF the city was not
right.
This is the issue now before the Court
that we have raised, and We propose to
await, withc1t feeling or prejudice, the
decision OF an impartial tribunal. l do
not care for being denominated q " self
constituted guardian" OF the city. As a
citizen and taxpayer, 1 claim ths right
to investigate the sets Of any official in
this city.
Every office holder in this city draws
his salary from the taxpayers, and the
agent must not set himself sOoYe his
principals.
The Mayor charges the parties who
have eUjoincd him from the issuance OF
these bonds as delinquent taxpayers,
and &lsO the bad motive OF wishing TO
bring down the value Of scrip for selfish
purposes. Hs6M Mayo Leftwich examined
the Tax Collectors books in mis- Office he
would have seen that 1 do not ows the
city n dollar, and moreover that 1
have a ways paid my taxes. L now ask
him il he can cay the same thing
1t Is q part of my religion to pay my
debts to corporations as well as individ-
usls, and when the Mayor, in his
sweeping charge, lays that | have not
paid my taxes to either city, county or
State government, he states that which
is not true. l have been informed by
g0Gr or five of the gentlemen with whom
l have acted 10 this matter, that they
bad paid their taxes and do not owe tie
city dollar. l sllude to the parties
whose names are used with mine in the
bill.
But even il this was not so, / can't
understand by what rule Of law or
morals the Mayor and Aldermen would
be authorized to issue bonds without law
and in contempt Of the taxpayers. This
issue before the ChSnoery Court and the
public is the LEGALITY OF the City Council,
ia their past conduct, and svowed pur-
poses, and 20 other question.
For the information OF the Mayor, l
will state that / have lever ~speeulated in
the scrip OF the city and have no desise
to DO so.
/ would much prefer to pay my taxes
in cash IL the assessments were made
upon a money basis.
Although, Mr.. L iitor, you have ex-
pressed q very different view OF this
question to the one l have above sd-
vanced, yet | presume you wish to know
the truth and viii not hesitate to publish
what | have written. Respectfully,
WIN. NJ. HARRINGTON.
Aiarch Is, 1853.
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