Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-10-01
ARE THEY ALL ELIGIBLEs
That's the COnundrum the Tax Pay
ers' Association Propose to solye.

l.
That's the COnundrum the Tax Pay
ers' Association Propose to solve.
A meeting of the Tax Payers Association
of this city was held at the real estate Office
of Mr.. Scovel, yesterday afternoon, for the
purpose Of taking steps to prevent any OF
the newly elected members of the City
Cour ell who may be ineligible by reason
of being non-property holders, from serving
in that body. The meeting was largely at
tended, and all present manifested q dis
position to adopt active measures In the
premises.
The Association was called to order by
the President, Mr.. Scovel, who briefly an
nounced the object of the meeting.
DR.. Cobb, chairman of q special commit
tee, appointed at previous meeting, pre-
scented the following as report:
stTo the members of the Board of Alder
men and Common Council of the city of
Nashville: The undersigned, voters in said
city, would most respectfully represent to
your honorable body, that for several years
much uneasiness has prevailed among our
people because of rumors to the effect that
our charter has been violated by persons
holding seats as Aldermen or Councilmen
contrary to express provisions of such char
ter. As the only protection of any citizen
in the enjoyment Of bis right is the rigid
adherence to law, and as the law can be
carried out only through the action of your
selves, our legal representatives, we earnest
~ urge your honorable bodies thoroughly
to investigate the premises. If frauds are
attempted to be practiced upon large COM
munity, it is with you to prevent and cup
press. Iftbese rumors are false, their cor
rection will be q public benefit. All of
which is respectfully submitted"
The question being upon the adoption of
the report, q lengthy discuss on was had.
DR.. Morgan thought the petition should
SUPPOSED TO BE INELIGIBLE,
by reason of their not being property
holders.
DR.. j. B. Lindsey said that the short
time between the election, which was held
Saturday, and the day appointed for the new
boards to Re sworn in, which is on Wednes-
day next, allowed the Association but short
time to collect facts upon which to
charge any individual members with at
tempting to occupy positions to which the
provisions Of the city charter render them
ineligible. 1t is the duty Of the new Boards
to inquire into the qualifications of their
member, and by this petition the citizens
have given them something to act upon.
Mr.. Mulloy, lawyer of high standing, says
that the city is liable to suffer great damsge
by reason of members of the City Coun-
Gil being allowed to serve in that capacity
when they are not eligible to the Office.
Mr.. Hugh Carroll said that an effort was
made last year to inquire into the eligibili-
ty of certain members of the present Board
Of Common Council, that committee was
appointed TO investigate, and that he sup
posed they were still investigating, as be
had never heard of their having made re-
port. The members of the City Council
are not disposed to be very active in inves-
tigstiDg the right of each oher to their
seats, and an inquiry this year will result
as the one last year jid-there will
be nothing done. If the charter is worth
anything, why can we not go to the council
chamber tomorrow and protest against the
Recorder swearing the new members in un-
less they satisfactorily answer the ques.
tons in the charter with reference to quail
fcations?
Msjor Hawkins was strongly in favor Of
making the inquiry general in its nature
and require every elected one of the newly
officials, from the Mayor down, show that
they are legally entitled to hold the offices
to which they have been elected.
j. III. Reed held that as the newly elected
officials had been declared duly elected, the
Recorder would be compelled to swear them
into Office, it being beyond his province to
inquire into their eligibility. 1t remained
with the members themselves to usss upon
the qualifications of each other to hold
their offices, and if the petition was brought
before the City Council, and thai body failed
to take notice Of it, then the ASSOCIATION
would have recourse at law.
Mr. Calender stated that be had been ad-
vised by Mr.. McPhAil Smith, the lawyer
by the Association to have the
petition, which had just been read, numer-
ously signed, and then If the Boards refused
10 act upon 1t, the Association would have
something upon which to base an action in
court.
DR.. Cobb favored the adoption of the Pc
.ition, and if any members of the new |
boards
DARED TO BE SWORN IN
when they knew they were not qualified by |
aw to hold Office, 1t will be hard for them. |
Mr.. NJ. Burns was decidedly in favor of
he petition. Let these newly elected Off
,ials take the oath of Office if they dared,
when they were plainly disqualified by the
provisions Of the city charter. He thought
hey could lay their fingers upon every one
If the newly elected members who are not
qualified, aud that if an example be made Of
me, there would be no trouble on thst score
n the future, and he was satisfied S., 600
,ould be easily raised by the Association to
Iush the mater. He was willing to pay
axes, but he desired that the men who tax
lin shall pay taxes themselves.
Mr.. Smith, whose legal services has been
ecured by the Assertion, said the charter
makes the Boards judges of the qualifica-
ions of its own members, and if the ques-
ion be submit ed to the Boards, and they
Ct in good faith, he supposed that would
,e the end of it; but If, after having the
acts laid before them, the Boards should
efuse to act upon them, case Of
FRAUDULENT COMBINATION
ould be easily made out, and the matter
arried into the Chancery Court.
Mr.. Scovel then read list of those sup
'osed to be ineligible.
DR.. Cobb moved that the report of the
committee presenting the petition, be adopt
d. Agreed to.
DR.. j. B. Lindsey moved that commit
ee Of five be appointed to ascertain who
mong the newly elected Aldermen and
Jouncilmen are disqualified from holding
hose offices by the provisions of the city
harter. Agreed to, and the following
lamed were appointed said committee:
=. M. B. Cantrell, Thomas Calender, G.