Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-09-10
MUNICIPAL MISRULE.
Additional Facts i'm Relation to That
Leyy on tie City Property. LJ
Treasurer Nelson, Recorder Duling,
City Attorney Martin, and
McPhail Smith, ESQ.,, dsfa'e
interviewed.

leviedsupOn city property by Deputy Uni
ted States Marshal Wheat, Tuesday, and
which was the subject of general converse
ton upon the streets and in business
bouses Yesterday. W. found, however,
that in our publication in relation to the
matter Yesterday, we had been led into an
error by stating, on the authority of a MEM
Der of the Finance Committee, that Clly
Attorney Martin had gone to Columbus,
Ohio. TO procure from Judge Swayne, of
the Supreme bench, a writ of supercedeas,
the fact being that the gentleman purposed
going to Washington City On the errand
named, but had not gone az the time the
publication was made.
The first gentleman called upon by our
representative yesterday was
CITY TREASURER NELSON,
who said that no new developments had
taken place in relation to the suits, and
that nothing would be done until the re-
turn of the City Attorney, an agreement
being had with the plaintiffs counsel,
Messrs. Thuston & Smith; to that effect.
MI. Nelson added that he felt satisfied the
difficulty would be settled shortly in a
MANNER satisfactory to the city.
JUDGE DULING,
the City Recorder, was the next man tackled
by the newspaper a Said he, in re-
Spouse to questions asked: "The creditors
who have obtained these judgments in the
Federal court are perfectly willing to settle
the matter at once, taking Kercheval bonds.
Mr.. Smith, one of their counsel, told me so
a few days AGO. The only question would
be as TO the lengthof time the bonds would
be allowed TO run.
aThe fact is, this city has been in a finan-
cial muddle ever since 1 have been con-
nected with the city government"
Z "And that has been-"
aFour wears. / was a member OF the
Board of Common Council two years and
have been Recorder two years Two years
ago this Indebtedness could have been set
tied at fifty cents on the dollar, and this
proposition should have been accepted at
one and arrangements made to meet the
obligation"
The reporter next visited
CITY ATTORNEY MARTIN,
to whom he ~propounded a few eonundrums
in connection with the late action of the
United States Deputy Marshal.
"We could have prevented this levy II
We had chosen 70 do so,n said Mr.. Martin.
awe could have paid the amount of the
judgments, but we are perfectly willing TO
settle, once for all, the question as TO
whether the public property held in trust
by the city authorities can be levied upon
10 satisfy executions. L bold that it would
be contrary TO common law, to say nothing
Of an act passedin July, 1870, by the Legis-
lature of tennessee, which | will read"
Mr.. Martin then turned to section 1889
Of the Code, and read as follows:
"All the property, whether real or person.
al held, or owned by either of the municip-
al corporations in this State for public pur-
poses, such IS public squares, public parks,
water works, fire engines, lots, houses,
horses and carts, for the use of the fire
companies, and for the use of the corpora.
ton, and which are necessary for the con-
venience aud use of the public, shall be
exempt from attachment or sale By eXecu-
ton, or other legal process"
aIn support of my position, here IS AIDE
cision by Judge Breese, Of the Supreme
Court Of Illinois, in a case where il was
| sought to levy on city property in Chicago
continued the city attorney, reading as fol
lows:
Corporations signify a community, and
are clothed with very extensive civil an
thOrity and political power. All municipal
corporations ara both public and political
bodies. They are the embodiment OF so
much political power as may be judged
necessary by the legislature granting thC
| charter, for the proper government of the
peOple within the limits OF the city or tow
| incorporated, and for the due and efficient
administration of their local affairs. To
these PURPOSES, the authorities can raiss
revenue by taxation, make public improve
ments, and defray the expenses thereof by
taxation. exercise certain judicial power:
and generally act within their limited
spheres, as any other political body
restrained only by the charters creating
them-beyOnd them, they cannot 60. This
power of taxation is plenary, and furnishes
ordinarily, the only means such coTpo
rations possess, By which to pay thei
debts. They cannot be said to possess
property liable to execution in the sense
an individual owns property so subjected.
for they have the control of the corporal,
purposes, to be used and disposed of e
promote such purposes, and such only
Leyying on and selling such property and
removing il, would work the most seriou:
injury in any city. Many of our cities
Chicago especially-have costly waite
| hOIhSs AllAcpCIcduAC W NA4C AlfNb9 ~ Ca
of their citizens. These works are as mucl
the property of the city as any other it may
control, and, in appellee's view, liable to b
seized and sold OIL execution, TO the great
discomfort and probable ruin of the in,
habitantS.
Sire engines are also indispensable
they, too, can be sliced and sold, and
great city exposed to the ravages of fire, anC
allthis to enable one OrmOre creditors of the
city to obtain the fruits of judgment:
against the city, which, by another process
not producing any Of these destructive in.
convenience, they could fully obtain. The
money raised by taxation could also bt
levied upon and the whole business of the
city be broken up and ~deranged. It's Of
fees and office furniture, It's jails, hospitals
and other public buildings, taken from the
corporate authorities and sold to strangers
who would have a right to the exclusive
possession of them if not redeemed.
ain the absence of an expressed statute
authorizing a proceeding fraught with sucf
consequences, We must hold that a Fl. IA
cannot issue against the city of Chicago"
Having learned from Mr.. Martin thai
nothing would be done in the premise:
until he had applied to Judge SWayne fol
a writ Of supercedeas, the reporter ther
called at the office of r. McPhail Smith
one Of the counsel represen ting the partie:
holding the judgments on which the exc
cution was issued, and opened fire on thai
gentleman by repeating the statement
made by Judge Duling, in which his name
had been used.
"Judge Duling met me On the street
last Saturday evening"" explained Mr.
Smith, sand suggested that Mr.. ThrustO1
and L, who jointly represent some SI5,O0C
of Alden bonds held by various parties
had better settle with the city by taking
Kercheval bonds for the amount of Oul
claim. l replied that l would be glad to dc
it. No mention was made of the time
he bonds should run, but / thought the
city would be glad to make the arrange
ment, even il they were not for more than
one year.
Il communicated with some of the
parties whom represent in
this matter and they declined to
consider the proposition. Monday Ker-
cheYal had consultation with ThruStOn
and myself, and proposed that we accept
from the city at this time $500 in cish
gnd wait while for the remainder of our
$4,000 70 this We both readily con
sented, and l went home that evening with
the pleasant reflection that the difficulty
had been amieably adjusted.
SaOn coming down town on Tuesday