Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-03-08

1N-A1 20
the opinion Of Judge John G.. Ffnnie,
who, ia consequence Of Judge Nor
gan having been attorney for the city
in the NicolsOn pavement cases, was
selected by consent to act as Special
! Chancellor for their determination.
The opinion very clearly and ably
sets forth the grounds on which
the bills against the property
holders have been dismissed, and,
when read in connection with
the authorities cited, will be
found not only mastery, but
irrefutable. His selection, we have
no hesitation in saying, was fortunate
! for the property-holders-nOt because
he has decided for them, but because
a man Of brain and high capacity to
understand the issues involved was
required. The contractors may take
an appeal to the Supreme Court
/ for aught we know. But the
fact of that court being cOnsti-
tuted of Judges able to appreciate
| the importance of defending the Con-
/ stitution in the protection Of the
/ rights OF the humblest individual
! against all the m~ole-eyed and techui-
cal suggestions of men unable to rise
to the hight Of the great argument
wherein common right is involved,
leaves no room for apprehension on
| the part of the defendants.
Having taken some part in initiat-
ing the defense, and having always felt
and for three years c]Ontended against
the selection of a class of citizens
to be taxed for the benefit Of the rest,
as a gross outrage against all reason
and right, we are now pleased to be
able to congratulate those Of our
friends who, with US, have been an
moved and prosecuted, and driven TO
the expense Of litigation, but have at
last come out as all freemen in a free
country, living under a free consti-
tuition. always should do, c]OnqUerOTs
and more than conquerOrs over
tyrannies, come from whence they
may. Three years ago, when a poor
woman about to be taxed out Of her
home to pay for a pavement to be used
chiefly for the benefit Of other people
and the commerce and business of
great city, called on US and stated her
grievance and her Unwillingness to
live under a government which had
no more respect for the rights Of indi-
viduals than thus to rob one class for
the benefit Of another class, we could
but wish that we had the wis
dom of Solomon to devise
and the power Of Hercules to execute
summary vengeance against such leg
islators and such legislation. And
we are twenty times more gratified to
be able now to assure her the danger
is past than we aye to escape from a
share Of the Ubiquitous tax ourselves.
Let the debt be now paid by an equal
assessment and equal taxation on prop
erty, as should have been provided at
first, and none will complain
except because Of being called
on to pay the price of stone, which
would last fifty years for what is part
rotten already. This is hard enough.
But if this had been all, as involving
no important principle, we might
have been silent as to the whole mat
ter, instead of persistently contending
against the wrong, as we have done.
Under Judicial protection, we are
glad to say now that our citizens can
not in future be robbed, nor the State
constitution in this and similar cases
involving principle and common
right be trampled down. If it viii
be hard now for the city Of Memphis
to pay a million and a half Of dollars
for a rotten job, it may well enough
be remembered that it would be a
harder case still to make oue-tenth Of
the capital Of the city pay
it than to tax all alike. The
bankers, and brokers and cotton
factors and men who used to pay ten
dollars to get a hOgshead of sugar to
the depot and five dollars for cotton
viii now have the privilege Of paying
their share of the benefit received.
II they are ever taxed any more, we
shall be as earnest in resisting il az
we have been in the combined effort
TO protect real estate holders.
In the name Of the defend
ants in this cause, we would
thank their attorneys, who have
managed the cause on their behalf.
They are Messrs. D. X. McRae, Geo.
CAN'T, J. W. Clapp and w. II. Ste
phens. A better selection of able, work
ing and faithful men could not have
been made from the bar Of Memphis.
Besides, there were other gentlemen
employed by parties defending sing
", as Messrs. Wilson d Beard, ThOs.
B. MicOu, 7. W. Brown, and, perhaps,
others who deserve honorable men
ton. We think landhOlders need
have no apprehensiOus that the decis-
ion of Judge Finnie viii be reversed.
A fuller investigation viii only crush
out more efectually the U~nconstitu-
tiOnal attempt at oppression Of indi-
viduaIs through legislative and muni-
action. The Supreme Court will
decide that there is no way of evading
the Constitution 50 as to base on a
power c~Ondscation Of property
Tor no criminal cause.
L~OFFICLAL.l
GENERAL COUNCIL.