Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-07-10

4 I1A1OSe ltLl, " W. jules, 4obAs W. IL
Gerard; 10th, John E. Wright; 18th, B. e.
Wallace; 18th, James Irwin; 10Th, S. S. Hall;
20!h, Jesse Bernard; 2lst, Andrew John
son; ODD, Geo. w. Gleaves; 23d, John
Cato, ST.; 24th, c. q. Graves; 18th, Murray
Richardson.
A MooTED QUESTION SETTLED.
His Honor Judge Smiley, gave his opin-
ion in relation to the motion pending the
day previous, when the Court adjourned,
and from which an appeal was taken. The
Court stated that sections 4, 100 and A. 9l,
of the Code, had made a statutory change
of parliamentary rule which prevails where
there are no statutory restrictions, in the
government of bodies polite, as the COM
mon law, under like circumstances, does in
courts of law. Where there is statutory
| restriction or, to use legal term, any
statute in derogation of parliamentary
rule, it must be strictly construed. Sec
tons of the Code 4,100 ga majority OF all
the Magistrates of the county is required to
levy tax, or to appropriate public money
to an amount over fifty dollars, y and 4,l9l
| (''one-third, or twelve of the acting Justi-
ces in each county may appropriate public
money for county purposes, not exceeding
fifty dollars in any one case, and may do
and transact all other business not embrac-
| ed in the preceding sectioD,") made this
provision; hence the resolution, "That
the money realized by sale of the State
Bonds by the Finance COMMITTEES be paid
| over to the Trustee, and he be authorized
| to appropriate the same to the payment OF
| County Warrants when presented" is not
an appropriation, but disbursement for
settled adiudicated claim or debt.
After considerable discussion, the decis
ion of the chair was sust lined; ayes 81,
| noes Z.
EDGEFIELD AND KENTUCKY RAILROAD.
Justice Wade offered this resolution,
which was adopted:
Be it resolved by this Court, that when
it adjourns it adiourns subject to the call of
the Judge to take definite action in regard
TO the extention of the time asked by the
purchasers of the Edgefeld and Kentucky
Railroad Company from the American Con-
tract Company.
COUNTY WARRANTS.
There was lively discussion concerning
the payment of county warrants when pre-
sented or registered. One of the members
thought the holders of these warrants should
be put on tue capitol heights and allowed
TO make foot race to the courthouse so as
to have their warrants paid; the first arriy-
ing of course would be paid first. Justice
Maxey made few remarks.
SPECIAL COMMITTEES REPORT.
Justice Wade reported that the special
committee to whom was referred the &C
count of o. s. Galbreatb, agent and attOr-
ney for the county, recommend the pay
nent Of all suits instituted at So per suit,
except those who hold receipts Of the tax
collectors; for all such as held receipts he
shall receive no compensation. As regards
the accounts for copying collectors reports,
the committee recommend the payment OF
500.
The accounts stated are these:
Davidson county in account with o. S.
Galbreath, agent and attorney:
Bringing 1914 suits at S. each. -. 500 90
Collecting S225.36 at q per cent. Is -
Copying collectors reports. ....... $50 90
Advertising, blank receipts, etc.. 10 rs
S1,l53 p
The committee recommend le payment
of the per cent. on collections and 500
for copying reports, and advertising, blanks,
etc, amounting to S19.75, and esk the adj
vice Of the court in relation to the fees for
bringing the suits.
Mr.. Galbreath was employed at the re-
quest of w. A. Glenn, Judge of the County
Court, and instituted 1914 suits of eject
ment.
Justice Maxey was in favor of the COM
mittee's recommendation and thought the
young man should be allowed $500. The
court had prevented him from doing his
duty in further prosecuting these suits. 1t
was not his fault, and, while he thought the
suits should not have been brought, still he
thought the young man should be compen-
stated for doing what the court ordered.
Judge Demoss, by request, made few
remarks to the court, stating that he had
sent in pleas to several of these ejectment
cases in which he had been retained-he
| did not think the suits could be conducted
successfully; the bills were drawn correctly
| by the young man, and he did not demur
| to them for this reason and because he
| thought the plea Of not guilty would an
swer all purposes.
Justice Maxey moved that Mr.. Gslbreath
| be allowed $500. The committee accepted
this suggestion.
Justice Galbreath stated that as bis agent
he would accept the $500 for o. S. Gal
breath.
The question being put the amount of
$500 was ordered paid, the vote being ayes,
| 80; noes, none.
! THE FINANCE COMMITTEE
reported a number of audited accounts and
recommended them for payment, among
! which was the printing bill of the UNION
AND AMERICAN, for advertising the Rail-
road taxes Of 1869, under VIM. Austin, the
| Collector.
Objection having been made to the pay
ment of the account, Justice Taylor stated
that it was not the fault of the printers, but
Mr.. Austin's; there were great many of
these advertisements Of property where
the tax had been paid, etc. After consider
able discussion, Justice Maxey offered the
following resolution, which was adopted:
BE it ordered by this court, that the
| County Commissioner of Revenue be au-
thorized and directed to pay over as soon as
collected by him the fees for advertising the
railroad tax delinquents for 1869 to the
UNION AND AMERICAN Printing Com
paDy.
ATTORNEY FEES.
The claim of Messrs. DeMoss & Malone
for professional services rendered the county
was defeated by a vote Of "a to 6.
Justice Maxey stated that this bill was
much lower than it would have been had
the attorneys gone before the Chancellor
| it would have been $4,000. He had in
duced the attorneys to reduce their fees and
the amount was quite reasonable.
Justice Sizemore (colored) asked permits
sion to change his vote.
Justice KeTrigan moved TO reconsider.
| Carried.
The question being again put, failed, the
vote standing 81 to ).
The court did not seem to relish this very
much, fearing that the attorneys will now
90 before the Chancellor and take such le
gal measures as will insure payment of
their fees. The motion asking the allow
ance was presented by Justice Walsh, and
reads:
Resolved, that an allowance Of $1,000 be
made to DemOss & Malone for professional
services rendered the county in the cause of
the State VS.. Edgefeld and Kentucky Rail-
road ct al, in the Chancery Court at Nash
vile, and for advice in the matter of the
purchase of the Edgefeld and Kentucky
railroad, and for services in the matter of
the application for the SGperSededS in the
Nashville and Northwestern railroad, and
! advice about the sale of the cOunty;S inter