The Columbia herald. [volume] (Columbia, Tenn.) 1850-1873, 1871-08-04
The Mayor and Aldermen.

Several years ago, it will be remembered,
| there were several large contracts advertised
| for the building Of some OF the most prominent
| streets in Columbia, some, If not all of which,
! were taken or contracted for by two or three
members of the Board of A ldermen who were
I in Office at the time, and by them sub-let TO
! other parties Of a reduced price from that
which they had received the contract, thereby
/ making considerable profit on each, so much
| so, that a great many Of our taxpayers thought
| it amounted to an oppression, and could not
| well see how such things were managed, and
| that there was, perhaps, cat in the meal /;
| consequently they petitioned the State Legis-
lature in 1857 to enact the following law:
! AN ACT to prevent abuses in Municipal Cor
poratiOns.
BE iten0cted bvth General Assem-, biz Of die State
| 81 TenHesseec, That no person holding office un-
! der the charter or ordinances of any Municipal
| Corporation, shall, during the time for which
I he was elected or appointed, be capable OF con-
! tracing with such corporation for the perform
| ance of any work which is to be paid Tor out OF
| the corporation treasury. Nor shall such per
! son be capable of holding or having any inter
! est in such contract, either by himself or by
| another, directly or indirectly. Every Alder
man and Officer of such corporation. who shall
| be concerned IN making such contract, or who
| shall pay money upon such contract to. or
| for, any person declared incapable in the above
section, shall forfeit the amount so paid, and
they shall be jointly and seyerally liable 10 an
sction of debt for the same. which action may
be prosecuted By any citizen Ofthe corporation
In its name.
TSigned Daniel 5. Donelson Speaker of the
House, and John C. Burch, Speaker of the Sen
ate. Passed Nov. 9, 1851.
Although this law has been in existence ever
since, no one has ever thought Of, or attempt
ed 10 apply or have il enforced against any
member of the board of Mayor and Aldermen
up TO within the last few days, when suit was
instituted against John L. McGaw, Esq, our
present efficient Mayor, for n violation of said
act, for having hired his wagon to the Chair
man of the Street Committee for the purpose of
hauling dirt, gravel and rock for repairing
the streets. in connection with other wagons.
The cause was tried on last Saturday before
Justices Chas. Clear. J. IL. Wilkes and John
q. HOrsley, who gave judgment in favor of the
Plaintiff and against Defendant for $50, the
amount said TO be forfeited to the Corporation
under said law.
Mr.. McGaw, under the advice of his counsel.
has appealed from the decision, believing he
has not been guilty of any wrong IN the prem
Uses. We understand the counsel for the de-
fence took the position in the argument of the
cause that contract in its literal construction
under the act, was intended only to extend to
the letting or constructing new streets by con-
tract, and not for the mere hiring from day 10
day. No one for a moment will entertain the
idea that our Mayor used his Office for the pur-
pose Of hiring his wagon, but on the contrary,
the proof, as we are informed, showed that he
had refused to hire mis- team to the Chairman
of the Street Committee when he could procure
wagons elsewhere.
trying the cause, but commend them for their
frmness in deciding the case under the law, rs
they understood it; at the same time, We UNI
derStand they are anxious 10 have the act con-
strued by the courts. We hope the case will be
tried as soon "a possible so that the act may be
properly understood by our citizens.