Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-07-07
War in the Camp-BellicOse Btllig-
erents-0Re OF the Warriors
Taken Cut by the Ser.
geaRt-at-ATms.
Di-grae5ful Scene and Dlsgraeeful Ian
guAge-The 1iue Of the Council
Consumed in WraDgle.
Comparative Report Of Expenditures In
1873 and 1S74-The City Bond
Suits-The Bond Of the City
Treasurer.
BOARD OF ALDERMEN,

The board OF sldermen met in sd
jOurUed session at the hour appointed
President Robbins presiding, and Alder
men Dwyer, Davis, Mslatesta, Dent
Hilismsn and Colligan answering t
I rOll-call.
TIE CITY ATTORNEYS OPINION
in the city's bOnd-suits was the first bus.
iness presented, and is rs follows:
MEMPHIs, TENS., July 6, 1874.
/ Honorable Mayor and City Council:
NEUTRALITY-SUSPICIOUS. time since you,
/ by resolution, requested me to give 10
[ writing the points and authorities upon
which | expected to defend the city
/ against what is known as the "bOnd
/ suits In the then peculiar attitude of
! these cases l considered it my duty to
request you to rescind that resolution,
which / believe was done. Since then
l have made my defense in open court,
and there is now no reason why should
not inform you as to what il is. 1t may
be proper for me to stste that l had
nothing to do with the inception of this
litigation, or the raising of the questions
upon which it must turn. They were
all precipitated by the bOndhOlders, who,
Notwithstanding our impoverished con-
dition, would not wait TO give us mo-
ment for Incorporation, evidently in
tending by their action 10 compound
their interest by obtaining judgments.
In order to save the city from oppression
and wrong, l have raised the following
questions as to the validity Of the bonds:
Fifst, the authority granted by the leg
islsture to issue the bonds provided that
the bonds should not be issued until the
ordinance providing for the issue should
be submitted to vote Of the people, and
a msjority Of those voting should vote
in favor of issuing the bonds. No cleo
ton was ever held by any competent
authority. 1t appears from the re-
cords that the sergeant-at-aTms, &.
T. Smith, appointed judges, clerks and
deputy-sheTiffs to hold an election, and
did open the polls in four Of the ten
wards in the city, at which one thou
sand and thirty-eight votes are reported
to have been cast, mostly "for bonds
This election l hold to be void; first,
because the sergeant-at-arms had no
power to appoint or qualify Judges,
clerks and sherids, or to hold the cleo
tions; and secondly, because the polls
were not opened in all the wards as re-
quired By law, when it was a misde-
mesnor to vote out of the ward in which
the voter resided. / am of the opinion
that the council could not give to the
sergeant alarms such authority. Ia
the second place, if the authority ever
existed to issue the bonds, it was limited
to one million dollars of funding and
nine hundred thousand dollars of paving
bonds. There was only a small portion
Of each kind issued for the purposes in
tended, but large amount were manu-
factured by the city officers and sold in
the market for what they would bring.
Others were prepared and deposited as
collateral for loans, and were forfeited
or sold by the holders for nOn-payment
Of the notes for which they had been
deposited as security; and for this res-
sol / hold that the city is not bound for
them. 1t is to be bOine in mind that
these bonds were naked promises to pay,
or certificates of Indebtedness. They do
not show upon their face any au-
thor,ty for their issuance, and the
authorities settle it, that all takers are
therefore put upon inquiry as to their
validity, and the manner of issuing and
dispOsing Of these bonds being matter
of record, open to the inspection OF
everyone, no person can claim to be au
innocent holder. 1t il, therefore, seen
that as the bond does not show upon its
face the authority upon which it was is
sued, and the election being void be-
cause il was not held according to law,
nor by any one having power to hold il;
and the bondhOlders being put upon in
quiry, are confronted by these defects at
the frst step, and have taken the bonds
at their peril, and cannot recover upon
them as innocent holders. Upon these
defenses / make the fight. Some of the
points are new, and should be pre- sed
with great care and ability. If this is
done / feel quite certain that the city
will sustain itself in the defense OF these
suits, and save TO the taxpayers over
one million, and probably two and
half million dollars. Desiring success,
and the hearty cooperation of each OF
YOU in this vast undertaking, ] am
most respectfully yours, etc.
q. A. HANSON, City Attorney.
The communication was received and
referred to q special committee from the
bosrd, composed Of Aldermen Davis and
HiIlsman, TO act in conjunction with a
like committee from the other board.
CITY REGISTERS REPORT.
The following report from the city reg
lister is in response to a resolution pass
ed at the first regular meeting Of the
present month:
CITY REGISTERS OFFICE,
MEMPHIS, July 8, lS7i.
Honorable Board of Mayor and General
Council OF the CITY Of Memphis:
In accordance with the resolution
passed July 1, 1874, l submit the follow
ing statement showing the expenditures
for tire first siE nannths of the years 1873
and 1874, rs reported by the committee
on accounts: