Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-12-07
THE MISSING WARRANTS.
Another IpjunctiOn-The Bank Of COM
merce, Through its President and
Cashier, Defendants.
The State aud County Tax-COllectOr
Restrained from Receiving any
Warrants Issued Prior TO
November.

The following Injunction bill was fled be.
fore Chancellor Morgan, of the first cbancery
court, yesterday and its style is:
The county OF Shelby, complainant, Us. the
Bank OF COmmeroe-Edgar McDayid and
X. A. Parker, defendants.
Complainant respectfully shows your honor
| that A woodward, the county trustee, in and
| by virtue of his office, as such county trustee
had, and held in his Office, or in his posses
| sion and custody, a large amount of county
/ warrants and judgments county warrants
which he had paid of and redeemed in his
official capacity, performing the functions OF
| his office, and held them in his official oustO-
dy as vouchers merely on settlements, and not
as evidence OF Indebtedness against COM
plaiEant. That said warrants were no longer
obligatory on the county; that to use them
was not only wrong, but a grave public
abstracted from his official custody a large
amount OF said warrants (the precise amount
complainant cannot state), from eight 10 ten
thousand dollars or more, of which abstracted
warrants were by said \. Wood ward, or some
one else, passed TO John G. Page, Esq; that the
said John Z. Page, or some one else for him,
deposited the said sum OF five thousand dol
lars or more of the aforesaid abstracted war
rants with the defendants or some OF them,
ns collateral security to secure the debts ana
prOmissOry notes or drafts of the said
Woodward, or the said John T.. PAGE.
Complainant shows that Woodward, or said
Page, for and on account of said Woodward,
or upon his own account, Is lnde bted to de-
PENDANTS, or some OF them, ia the sum OF
about five thousand dollars; that either the
notes OF WOO 1WafQ, or tn6 notes OF Page.
given therefor; that at the time this in
debtedness was contracted Woodward was
trustee of Shelby county, and exercising the
functions of that office; that in the summer
OF 1873 he was engaged in speculatingin stocks
in New York; was hard pressed for money,
and, losing by this speculation, borrowed
money at high rates, facts which have recent
ly come TO the knowledge of complainant,
but were known TO the said fage and perhaps
to defendants; that the abstraction and de-
poSit of as collateral OF said warrants as here
In hpfOrp forth done nnrfUur the M.
mer OF 1873, and while said Woodward was
speculating in stocks as aforesaid; that said
warrants were hypOtheCated to secure the in
dividual note of said Woodward; that de-
PENDANTS we'll knew that said Wood
ward was the owner of this large
amount OF county-Warrants, and that they
came to the hands of Woodward in the
course of his office, and were held by him as
trustee. Defendants well knew the embar- |
rassed condition of Woodward; that he was
without the means to speculate in county
warrants, and besides as warrants were at |
discount Of from ten to twenty-five per cent, |
that he could not possibly become owner OF /
warrants First-BecauSe il is a uisdemeanor
in officers OF the county, "either directly or /
indirectly, TO speculate in State or county /
claims, by purchasing or trading for them az /
less than their nominal amount" Second |
Because he could only become owner by such /
forbidden traffic, and which would destroy |
his title, or by giving the nominal value-a /
thing which no man IN his senses would; and /
for the stronger reason, il said Woodward had /
been weak enough to buy at that price, that
he was Without the 10 Dug VIII. be-
sides, IL was well known that the said Wood. /
ward had a large family, whose support |
would consume all, or the greater part, of the
fees of his office, and that ne could not posi-
bly, have such accommodating warrants from
fees in Office. Moreover, that his fees were |
payable, in cash, and he would not
take deprecated warrants when he
was entitled to fees in cash.
charges that such warrants are
void, and that he has the right TO have them
up and cancelled; that the case is
clear, whilst the warrants remain in the hands
Of defendant, he will make an effort to dis
pose of them as soon as il trapspires that 1t is
known or suspected that he holds them; that
said Woodward has abscOnded, as cOmpla n
ant charges on information and belief; that
ne left a paper, in his own handwritiDgi
which was discovered in his office on the
second of Dece nber, 1873, stating that he
pledged the amount of said warrants for his
private debt; that the object was doubtless TO
give information, and enable complainant 10
protect himself; that complainant is entitled
% an Injunction TO restrain the said Bank OF
Edgar McDavitt and R. A. Parker
rom disposing of said warrants. /
Premises considered, complainant prays
hat the parties named as defendants be made
uch by copy, etc, and that they appear and
that they state and disclose what
warrants they have received from said Wood
TArd, or said John c. Page, during the last
welve months, and for what purpose they re-
,eived the same, and what they have done
With them, and if they hypOthecated any
received from either said Woodward
n Page, or from anyone, for them, or either
IF them, or in anyway passed such warrants
o any other parties TO whom they hypothe-
,ated or passed them and for what purposes.
That an Injunction issue to restrain defend
lnts from making any disposition whatever
lf said warrants, and commanding defend
ants TO hold them TO be delivered up and can
,elIed; that said Injunction be made per-
Detual, that said warrants be delivered up
ind cancelled, and will ever pray, etc. This
S the first application for an Injunction
w. w. MDOWELL,
County Attorney.
Upon filing the required bond the nat for an
Injunction was issued. l.
The writ of injunction was served upon the
by the sheriff. :.
The county attorney has instructed George
z. Powell, State and county taX-eoilector, not
o receive any warrants issued by the county
or appropriations by the county court pre-
-ious to November /, 1873, in payment of
county or judgeGient taxes.
The trustees clerk is busily engaged in
making list of warrants abstracted so as to
publish their respective numbers