Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-01-10
WALKER vs..
A Bill Of Injunction that was Flied and
Withdrawn.
Second Thoughts Best---ioha Johnson the
Nan After All.

The Walker men were not satisfied with
their defeat. They were FESTIVE under tho
victory of the true Democracy. They
could not give in gracefully or suocumD
10 the inevitable without a struggle. 30
thew GOT mn a show of resistance. The
Chancerv Court, with a man for SUITS as
capacious as the late Gen. Cass LOT terri
tory WAS omen TO them. 1hey would
an6eal to it. They filed an application for
an Injunction which was granted, but
/ which. after second thought, they with
Jred- we print it as follows. We want
the people OF Memphis to be fully posted
as to the animus of those who would
oppose their wish, so well expressed at
the ballot box. Read this document:
To the Hon. r. J. Morgan, Judge Of the
ChGacerV Court Of Memphis: Your petit
TONERS, John Donovan, Samuel L. Walker
and other citizens of Shelby county,
Tenn, respectfully represent unto your
Honor that on the 9th day Of January,
lS70eunder and by virtue of an act of in
corporation, passed by the General As
semblv of the state of Tennessee. and ap-
proved December /, 1869, and in pursu-
ance of a proper and legal notice, an cleo
ton was held in the city of Memphis by
J.. p. BOughner, Commissioner OF Regis
tration for the county of Shelby, to fill
the offices of Mayor, City IaX-COllector
AlA4 w Hal AAAANAAA Va ~ LANN " %Le-@E11~H
for a period Of two years; and that at said
election, petitioner Walker, John john
son and Henry J. Lynn were candidates
before the qualified electors OF the said
city of Memphis for the Office Of Mayor
thereof.
Your petitioners further represent that
they are informed and believe that, &C
cording to the returns of Il different Dep
uty Commissioners who held the election,
IN the different wards Of the city, the said
Johnson received the highest number OF
votes cast for the Office aforesaid, bu pc
titiouers do not admit that the count and
returns of the said Deputy Commission
ers represents the real number Of votes
given for the different candidates; and
petitioners further show that in accord
auce with the above mentioned returns
the said J. p. Boughner. Commissioner of
Registration aforesaid, has issued, or will
issue. to the said John johnson, a certih-
cate that he has been duly and constitu-
tionally elected to said Office Of Mayor OF
the city of Memphis, and that under n
by virtue of such certificate, b said
Johnson viii undertakes to enter upon
and assume the discharge of the duties OF
the said office. Petitioners further repre-
sent that they are informed and believe,
and so charge, that the said John johnson
is not now, and was not previous TO n
at the time of the election, a citizen of the
United States OF America and of the State
of Tennessee or Of Shelby county; that
he was born in a foreign country, and has
never been naturalized as a citizen
Of the United States, is still an
alien and a subject of the Queen Of
Great Britain Ind Ireland, cannot, there
fore. legally hold the office OF Mayor of
the city of Memphis, Tennessee; that his
pretended election 70 said Office IS null
and void, Of no effect, and no legal certih-
cate can be issued to him as evidence Of
the said election.
Petitioners further represent that they
are informed, believe and 50 charge that
the said John johnson has never ac-
knowIedged allegiance as a citizen to the
Government of the United States OF
America, nor recognized the obligations
Of citizenship either to the United States
Government or the State of Tennessee,
but that he has claimed at all times 20 be
4 subject of the Queen Of Great Britain
and ireland; and that during the recent
civil war. when necessary to avoid respon-
sibilitv 70 this Government, he claimed
and received the protection Of Great Brit
ain and Ireland, and which claim OF for
eign citizenship was recognized and
respected bv the authorities of the United
States. and has frequently been 50 respect
ed and recognized since by the Judicial
officers Of the State Of J6nnessee.
Premises considered, petitioners pray
your Honor that the said John Johnson
may be made a party defendant to this
bill by proper process; that no be required
to answer. Ou oath, all The material allega-
tions herein contained, and especially the
following iuterrOgatiOns:
l. Where and when were Won born?
2. If in a foreign country, where anG,at
what sgedid you come TO the UpiJed States
Of American At what point did You land,
md auha~a hEK-n z-rN nnnffnnnnzIU resided
since that time?
3. Was your father a native of a foreign
country, and did he ever eluigrate to the
United States of America, and did he be-
q naturaliZed citizen OF the United
And if so, where was he ma
turalized, and what evidence have You of
fact in your possession, and produce
such evidenee2
4. Have YOU yourself ever been made
a naturaliZed citizen of the United States
In the manner prescribed by law; If so,
and when were you so naturallZed,
and exhibit with your answer hereto the
evidences OF such naturalization duly
certified?
And petitioners further pray that an in
junction may issue restraining the said
John Johnson from assuming or in any
way attempting TO exercise or discharge
he functions and duties of the Office of
OF the said city of Memphis until
il is determined by proper decress Of this
Court whether or not he Is le-
gallv entitled TO hold the said office, and
for whatever further general relief justice
demand, and thar upon a final hear
Injunction may be made perpet-
ual, and, as ia duty bound, they VIII ever
pray.
This is the first application prayed for
an injunction in this aus
z. NJ. YERGER,
II. Q. YOUNG,
S. ?. YEOMANS,
Solicitors for Compliments.
STATE OF TENNESSEE, } Before me this
Shelby County. day personally
appeared Sam. y. Walker and John Don
novan, two OF the petitioners in the fore
going bill who made oath that the allega-
lions therein contained are true TO the
best Of their knowledge, Information and
belief. SAM, p. WALKER,
JOHN DONOVAN.
Sworn to and subscribed befOreLne, this
I'll day OF January, 1870.
ED. HERMAN, J. P.
The following fiat was granted by
Judge Hudson:
Upon compliments executing a bond
the sum OF TWO hundred and fifty dol
.ars, for costs, the Clerk and Master will
the Injunction prayed for in the
..Oregoing bill Of complainant.
81. L. HUDSON,
"Judge Of Criminal Court of Memphis.
January Z, 1870"
In accordance with the above fiat, a cost
was filed with William Wallace, as
security, and an injunction was issued by
he Clerk and Master.