Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-12-13

fodrtn ClianceIN DIVISION III WHICH, Is III
Guided Grundy county, certified TO the Hon.
John g. Brown, Governor of the State, his
| incompetency to try many causes
in the said Grundy Chancery Court,
and the Governor, thereupon, commissioned
the defendant, Lewis Metcalf, to open and
hold said court on the first Wednesd " after
the second Monday in October, 1873, (which
would be the 18th day of said month. I'm
der this commission the said Metcalf went
to Tracy City and took the oath of office
before Justice of the Peace, and proceeded
to discharge the duties of Chancellor On
the 18th of October, 1878, he ordered COM
plainant to appear before him, and bring
his books and papers to Tracy City, and APP
pointed the defendant, j. 3. Colgar, Clerk
and Master pro tempore. On the same or
the next day (the date is blurred in the
copy of the bill before me,) said Metcalf,
under his own proper hand, issued an at
| tachment to the Sheriff of Grindy county,
commanding him to arrest complainant and
bring him before him (said Metcalf,) and
also to take the books, records and papers
belonging to the office of Clerk and Master
| of said Chancery Court of Grundy county.
| Under this authority the Sheriff with others
on the 18th of October, 1873, arrested the
complainant, and took from him a large
| number of books and records and files of
| papers belonging to said office, and are Ell
| deayoring to get the balance of said books,
| records and papers. On the 18th of Octo-
Der, 1873, said Metcalf, acting as Special
Judge, proceeded to try complainant, and
fined him fifty dollars and all costs of the
| proceedings, and ordered him into the Gus
tody Of the Sheriff until he produced and
delivered up the remaining books, records
and papers of the office, to John b. Colyar
at Tracy City, and thus the matter now
stands.
On the 18th of October, 1873, several of
the attorneys practising in the Grundy
Chancery Court assembled at Altamont,
in the Courthouse, and no regular or
special Judge attending to hold said Court,
complainant, according TO law, opened and
held an election for special Judge, when B..
j. Hill was elected such special Judge by
the practicing solicitors and attorneys of
S id Court, was sworn in and indicted into
office, and opened and held SAID Court, and
adjourned said Court on the same day to
a special term to be held in the Court
house in Altamont, on the Sd Monday in
January, 1874.
These are the facts as set forth in the
bill, the residue of the allegations consist
ing of differences and deductions and some
qualifying epithets. The statements Of the
answers are in substantial accord with
those of the bill upon the facts, except in
relation to what took place in the County
Court upon the return of the votes of the
election for the removal Of the County
Seat. The answer of Lockhart, the
chairman of the County Court, which is
adopted by the other defendants is, in sub
| 10
by the Sheriff to the Court, he, as chair
man, ordered the Sheriff and Clerk of the
Court to retire from the courtroom and
count the votes and make the calculation
of the number of votes cast for removal,
and the number for no removal. That the
Sheriff and Clerk returned and reported
that there was a majority Of two votes for
"no removal" or rather that removal" had
failed to receive a twO-thirds majority of
all the qualified voters of the county by
two votes. That Immediately a. S. Col
var, and other attorneys representing the
petitioners for removal, objected TO the re-
port, and said that the Sheriff
and Clerk had counted several
votes for ''no removal" when the returns
showed that the word "Altamont" was
written on the tickets, instead of the words
"nO removal" Some members of the
court also objected at the time that it was
not the duty of the chairman to declare
the result, but of the court, But respond
ent Lockhart said he believed the act of the
Leg stature left the whole matter to the
chairman, and he ordered the sheriff to
make proclamation, which was done. That
argument still continued after the prOcla-
nation, and respondent, after reading the
act over carefully Snd ftTthercOnsideration
! concluded that he had been too haSty, and
| that it was left to the court and not to the
chairman to determine the matter, and he
thereupon announced to the court that he
would leave the whole matter to the court.
AT this time not an order had been made on
the minutes, and the court forthwith, on
the same day, proceeded TO count the vote,
and, after counting the votes, and hearing
/. the proof, the County Court decided that
there were AS votes for Tracy City and
{ 222 votes for no removal, and this decision
, was made by the court with but one dis
: senting voice, This was all on the same
day, and the minutes were not signed by
: respondent until the entries had been made
| in conformity with the orders Of the court
as set out in the BILL and untif just before
court adjourned two days afterwards.
9 The only marked differences the
two accounts Of these proceedings are, thai
the complainant states the first proclama
e | ton was made by the court, after the votes
were counted in open SQUIRT, whereas the
e | defendants say it was made by the
chairman against the protest Of some
/ | members Of the court; and that the
I | complainant says the reconsideration was
the next day, and brought about ''by the
e fraudulent representation" of person
e who is in no party to this suit; whereas The
r, defendants say it was on the same day, anC
1 upon the voluntary action Of the chairman
+ himself. Both sides agree that the matter
, was reconsidered, and that the County
/ Court did declare that the removal to Tracy
n City was carried by twO-thirds vote, anC
S did order the removal and appoint commits
Il sionerS to carry the order into practical eX
d ecution. The difference, therefore, is il
Q the details which led to the result, not il
! the result actually reached.
# This bill is filed against Lewis Metcalt
t, Special Judge under the commission of thu
j Governor; L. L. LevaIs, the Sheriff o
d Grundy county, and Joseph Clay and Franz
IS Roddy, special deputies of the Sheriff il
, executing the attachment for the complain
e ant; John b. COlyar, the Clerk and Nlaste
e pro tem., appointed by Metcalf: John {
: Lockhart, William MintOn, John Upton
d Ferrell Lawton and James E. Ball, tn
e Commissioners appointed " the Count.
g Court to carry out the order Of removal 0
/ the county seat. The prayer of the bill j
If that an injunction issue restraining salt
J, Metcalf from acting as Special Judge unit
= sworn in according to law (Which com
IS plainant insists can only be done by him a
j Clerk and Master), and from holding sal
D. Grundy Chancery Court at Tracy City, an
e from issuing any writs of attachment, o
Y making orders, or issuing any writs t
t. arrest complainant because he will not al
lie pear and act as Clerk and Master a
id Tracy City, and compelling him t
.y remove his official records an
o books and papers to Tracy City
k also enioining any execution from issuin
IS on said $50 fine and costs; also enioinin
V. defendants Colyar, Levan, Clay, Roddy, c
S, any officer of Grundy county, from taking
i'll holding, or interfering with the complain
p ant, his books and papers of office; also Ell
lie Joining said Commissioners, an
or said Lockhart, as Chairman, frol
IL doing anything further towards IL
rs removal of said county seat, or the con
E. polling of the removal of the books, paper
to and records of said county from AltamOI
IS, to Tracy city; and that, on final hearin!
to said Injunction be made perpetual, ''an