Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-03-24
0uaFrylHg late ihs Hard RsOk Of the Gen.
erai C0unoll-A Heavy ehargs Of
Nitro observation-disclosures
dous Explosion
Expected.
JSha NOFtsn and Jimmy Gallagher Con-
OOotIng Legal Schemes against
the City Fathers.
Several Wads Of AIlbIs, l~hluaOtI0ns,
Habeas %C0rpusss, Indictments aad
Bombshells Stuffed lnto a
Nandamus Cannon.

CtuAA Do AOuuQ III me city. lu0y are Gil
70 be brought before Judge Halsey on
Monday. It would be a good idea.
to have Squire Bleckley summoned
As TO that certificate, and it would
be also wise to " initiate" to the CITY
fathers the propriety of preserving
the peace, lest Squire Norton should i'm
provise another court at the end of the
room, opposite Judge Halsey, and send
the whole city government to Jail. IL
will be a pleasant sight 20 behold the city
government -mGHdGHHUssed into court
Monday morning.
THE MANDAMUs.
To John Walsh, John Zent. William
Chase, r. ". Lightburne, r. P. Duncan,
j. Bschman, Henry Eshmanu, Lewis
Amis, j. M Pettigrew, N. MalaJesta, J..
ID. Ruthn, j. b. SignaiRO, p. lowing,
W. M. Harvey, John r Grehan, Jones
GeneJte, j. +. Sehabsl, J. Il. smith, G..
Reder, of the Board Of Common Council
of the General Council of the City Of
Memphis:
WHEREAS, On the 10th day of March,
A. d. 1871, John Norton presented his pc
titiOn to the Hon. Irving Hslsey, Judge of
the Second Circuit Court 0fShelby county,
alleging therein that he has resided in the
State of Tennessee and county of Shelby
for more than twelve years last past, and
that he has been a bona fde resident of
the Tenth ward of the city of Memphis
for more than two years preceding the
first Thursday In January, A. D. 1871;
and that he is thirty years of age; and
that on the first Thursday in January, A.
D.. 1871, q general election was held in 81
of the different wards of the city of Mem
phis, by the Sheriff of Shelby county, for
twenty COunCilmen for the Board of
General Council Of said city, and eight
Aldermen. And that az said election, he,
the said petitioner, was elected one Of the
Common Council in the Tenth ward Of
said city, and that he, the said petitioner,
was returned elected, by the Sheriff Of
Shelby county, Is one of the Common
Councilman Of the Tenth ward OF said
city.
And, that on the 9th day Of January,
A. d. 1871, the General Council of the
city of Memphis assembled in the CITY
Hall, a place where said General Council
transact business, and that, then and
there, said General Council held a meet
Ing of the General Council of said city.
That the Board of Common Council of
said General Council held its meeting in
a separate room from the Board Of Alder
men. That, in the presence Of said Board
Common Council, he, the said petl-
took the oath of Office required by
law for Common Councilman of said city. /
that said oath was administered by
John Johnson, the Mayor Of said city. |
And that he, the said petitioner, was then
indicted into the Office of Common COun-
Gilman for the Tenth Ward of said city,
for n year. That he took q seat in said
Board, and honestly and faithfully dis
charged the duties of said Office.
And that he was appointed on several
committees of said board. And that ne
served as Common Councilman of the
Tenth Ward of said city until the lst day
Of February, 1871. And that on the LIST
lay Of February, 1871, said General COun-
I'll met at said City Hall; and that he, the
said petitioner, took his seat in said
Board of Common Council. And that he,
he said petitioner, offered TO vote on
matters Of business which came be-
ore said Board for its judgment and ac-
ion ;-but that said Board refused to re-
said petitioners vote IN every mat
sr brought before it for its judgment and
And that said Board refused to
permit said petitioner to participate in its
deliberations. And that said Board eX-
1elled and removed said petitioner from
aid Board.
That after said Board having expelled
md smoved said petitioner, and refusing
o receive his vote and permit him to par
in the deliberations OF said Board,
petitioner demanded said Board 10
him to retain his seat and to par
in the deliberations of said Board;
nut said Board refused and still refuse
petitioner a seat in said Board, and
efuse to permit him to vote and paTtici-
,ate in the deliberations of said Board of
Council.
That at the general election, held in the
of Memphis, on the first Thursday in
.anuary, 1871, for twenty Common COun-
linen for the said General Council, and
light Aldermen, the following named
nersons were elected to said Board of
Common Council, with petitioner. That
hey took the oath Of Office on the 9th day
I January, 1871, and have acted as Com
non Councilman of Memphis ever since
bat time; hat is to say: John Walsh,
ohm Zsnt, William Chase, r. W. Light
Ourne, J. Bachman, Henry Eshmann, :
iewis Amis, J.. NJ. PsJtigrew, r. p. Dun (
an, n, Mslatesta, W. n. Harvey, ]. D. {
.ufin, j. B. SignaigO, John r. Grehsn, {
,. TWOhig, Jones Genette, j. +. Schabsl, !
q. II. Smith, O.. Reder. Y
And the said petitioner charge in his {
aid petition that said Board Of Common I
Ouncii hath unlsWfully and uniustly ex-
elled and amoved him from a seat in I
aid Board, and of a participation in the /
alterations of said Board of Common ?
Ouncil. {
And the said petitioner, in his said Pc i
ton, hath prayed the court to grant ham r
q alternative writ Of mandamus to issue G
the said Board of Common Council, to t
,mmand them, the said Board, to restore c
ina, the said petitioner, to his seat in said
GARD; and to permit him to participate
the deliberations of said Board, and to r
! of the rights aud privileges OF a Com Y
on Councilman of h Tenth ward of a
Ie city Of Memphis; or show u why O
icy shall not DO 80. And as in duty 7
lund, he ever pray. Which petition is 4
gned by Gallagher and Elliott, attOr- 2
for said petitioner. And, Il
Whereas, On the 18th day of March, d
Il, the said John Norton, petitioner in Y
10 aforesaid petition, personally appeared 4
fore D. A. Brown, s Deputy Clerk of the 5
,cOnd Circuit Court of Shelby county, q
Id made oath and subscribed to the p
me. That the facts set forth in his said a
are true, to the best of his knOWl- Y
Ige, information and belief. il
And, on the 20sh day Of March, 1871, the G
id petitioner obtained IN order from the ii
Irving Halsey, Judge of the Second D
rcuit Court of Shelby county, directed u
the Clerk of said court, commanding @
id Clerk to issue an alternative writ of o
adamus, to issue as prayed in said petit d
r%etUrnRble On the 18th day of March, u
II. at 10 O'Clock a m. And the said petit
having given bond and security, as
by law.
You are, therefore, hereby commanded
EesLULb JIG HhlQ UOlA ANOEbbu " AAH
st in said Board Of Common Council of A
o General Council Of the city of Mem
lis, and permit him to participate in the
alterations Of said Board, and restore
N to all of the rights and privileges of
Common Councilman Of the Tenth ward
the city of Memphis; or show cause, n'
any you have, why you shall not do so, W
fore the Hon. Irving Halsey, Judge of u
3 Second Circuit Court of Shelby NJ
unity, at the Courthouse Of said Court,
the city of Memphis, on the 9th day
March, 1871, at 10 O'Clock am. And hi
and there ave you this writ, with 50
ur return thereto. "
Witness, my hand, at Office, this the di
.rd Monday in January, A. D. 1871. II
p. d. BOYLE, 70
5rk I'd Circuit Court, Shelby county. ve
- B
GARD Of THANKS. n
a regular meeting Of Memphis y
l. NJ ~ I n a Il ~ a a. ~ I aAl