Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-03-14
TIE N1OeLsok PAvEnEsr oAsE.

The suit against the city govern.
ment, decided by Judge Emmons
after several months consideration oI
the case, renders the prompt payment
of half a million dollars a matter Of
necessity. 1t seems that this case was
referred to the former clerk Of the
Federal court as special master in
chsncery, to report upon the facts and
state an account between the litigants.
In doing this, as is the practice in
Federal courts, Mr.. Mitchell defined
the legal principles by which he
was guided In determining the
rights Of the parties, and amounts Of
debts and credits. 1t seems that this
report of Mr.. Mitchell became the
subiect-matter of discussion before the
court st last November term, and the
city's attorney, Randolph, discovered
one hundred and eighteen fatal objec-
tions to Mr.. MitcheI's argument and
report. Judge EmmOns, on reading
Mr.Rsndolph's admirable suggestions
and interminable exceptions, over
ruled all OF the one hundred and
eighteen, except two, and these he
pronounced futile yesterday. The
one hundred and eighteen points Of
law and Of fact thus overruled, and
the countless pronuncismientos cf the
supreme court of Tennessee, has
almost invariably shown its utter
want OF learning and amazing stu
pidity by uniformly pronoune-
ing opinions against Mr.. Randolph,
may induce gentlemen in authority
to reflect that the APPEAL was not
wholly at fault when it insisted that
Mayor Johnson, when reelected,
should find for this gentleman a sue
cessor. Our advice in this behalf was
not and viii not be taken. But what
Is to be done about this Judgment for
half million, that comes down like
a thunderbolt, scattering and splinter
ing an empty treasury? Heretofore
when the city was in hot water, and
sheriffs and constables and marshals
were preying upon its property, W. B.
Greenlaw has uniformly stood by and
executed bonds by which appeals
were taken and executions STAYED
or" He has been so haTrassed be-
cause of the impOssibility of coming
70 terms with the city government and
of providing ways and means of trans
ferring Little Rock railroad trains to
the navy-yard, that he will hardly
so on the city's bond for million or
more, In order that this Nicolson
case may be taken to the
Supreme Court Of the United States. |
There is no other citizen whose bond |
'wouid be accepted, who would incur
such hazards in behalf OF Memphis,
and there is only one reeourse-the |
gold bonds on hand, and those
Others authorized to be issued must |
be sold or used In effecting compro-
mise with the judgment creditors. |
The interest due on the city's paper |
on the 1st OF January may have been |
withheld in order to meet this ex- |
traordinary liability, but we are not
sure that the rendition Of the IUdg- |
ment was anticipated. 1t is TO be
hoped that it wss not and that the
Federal marshal will not be subjected
20 the necessity, like former sheriff, |
of Ievying an execution upon the
very chairs in which our city fathers
now repose so comfortably. In a rail-
road point Of view-bird's-eye-Mem-
phis and its "gridiron" in all their
aspects are charming, but there is a |
peck OF trouble in facts recited, and |
there is no city the foundation stones |
OF whose credit are worse pecked just
now than those Of Memphis.