Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-06-21
TIE FIRE ALARM TELEGRAPH
Alderman Consadinc, the Fire Com.
mittee and Gamewell & Co.
VS.. Mayor KercheTal.
Hearing of the Mandamus Case In the
Circuit Court Yesterday.


Kercheyal defendant, occupied the greater
portion of the day in the Circuit Court yes
terday. John NJ. Gaut, jr., appeared as |
being represented by Demos 4 Malone. |
The following is copy of the -
WRIT OF MANDAMUs.
State of Tennessee-To Thomas A. Ker- |
cheyal. Mayor of the city of Nashville, |
Whereas, on or about
the 10th day of March, 1874, John Y.
Gamewell and Henry l.. Bruins, partners,
doing business under the finn name of
GaInewen & Co., presented to the Mayor
and CITY Council of Nashville, Tenn, a
written proposition signed by their firm
name. bearing date of the 10th day Of
March, 1874, wherein they proposed to
erect and put i'm readiness for operation in
said city their system of automatic
nOil-interferenCe fire alarm telegraph,
of which they were and are the
proprietors, according to certain plans and
specifications infinitely set forth in said
proposition, and for the price of 81, 500 TO
be paid by said Mayor and City Council in
the manner stated in said propositions; and,
whereas, said Mayor and City Council
did thereafter pass regularly through three
propriating So, 500 and levying a tax for
the purpose of defraying the expenses in
CURED in building said fire alarm telegraph
in accordance with the plans and specifica-
tfons then accompanying said bill, and be-
ing the same submitted by said Gamewell
IL Co., and authorizing and directing you
in conjunction with the Fire Committee of
said city to execute a contract for the same
with Messrs. Gamewell & Co., which bill
was not approved by you, but returned
without your approval, together with your
objections to the same, to the Board
of Aldermen in which Board it originated,
when it was reconsidered in connection
with your objections, and was upon such
consideration passed by said Board, your
objections to the contrary notwithstanding
by a vote of two-thirds of said Board, and
was then transmitted to the Board of Com
mon Council together with your veto mes
sage when it was in like manner reconsid-
cred by said Board of Common Council,
and in like manner passed by a
vote of two-thirds of said Common
Council, and was subsequently signed
by the presiding officers of each Of
said two Boards, they respectively certify
| ing to the above facts in relation TO the
passage of said bill. And, whereas, said
bill thereby became law and ordinance of
said municipal corporation, and t thereby
became yonr official duty to execute con-
tract in conjunction with said
Fire Committee with MeSsrs. Game
well 4 Co. for the construction
of said fire alarm; and whereas, Messrs.
Gamewell & Co. did have prepared writ
ten contract whereby they agreed to con-
struct said fiie alarm telegraph according to
| the plans and specifications contained in
| said proposition submitted by them, bearing
date March 10, 1874, and wherein said
| Mayor and City Council of Nashville agreed
TO paw them, the said Gamewell x Co, the
amount stated in said proposition; for
more complete description of which con-
tract you areihereby referred to the same
which is made exhibit "An TO the petition
| of said Gamewell x Co., this day filed in
| the Circuit Court of Davidson county, Ten
| Dessee. and whereas, said Gamewell
& Co. did on the 10Th day Of April,
| 1874, after the final passage and sig
nature of the said ordinance in the manner
above set forth, tender to you duplicate
copies of said contract, signed by them
| selves, and did then and there request and
demand of you, that you as Mayor OF said
| city. in conjunction with said Fire Com
| mittee, execute the same on behalf of the
| Nayor and City Council, by affiNing your
| signature thereto, at the same time Offering
to deliver to said Mayor and City Council
one of said duplicate copies, and also Of
| ferino to deliver to said Mayor and City
| Council a supplemental agreement on the
part of said Gamewell & Co., made solely
for the benefit of said city, but in no way
diminishing or impaiTing the rights OF said
| CITY under the contract, which you were
| demanded to sign (fOr a more paIti-
cular description of said supplemental
agreement, reference is made to the same,
marked Exhibit &C" to the petition Of
Gamewell Il Co, above described); and
whereas, you did then aud there refuse to
sign said duplicate contracts, or either OF
| them. rendered to YOU by Gamewell ~ Co.,
As aforesaid, and have hitherto failed and
| refused to sign the same, in conjunction
with said Fire Committee; now, therefore,
we. being willing that full and speedy JUS
tice Should be done in the premises, do
| command Won that YOU forthwith affiX your
official signature to said duplicate copies Of
said contract in execution thereof on be-
half of the Mayor and City Council of
Nashville, or that you appear before the
! Hon. Nathaniel Baxter, Judge, etc, of our
Circuit Court, sitting within and for the
county of Davidson and State Of Tennes-
see, at the Courthouse in said county, on
the 9th day of April, 1874, at 8 o'clock A.
NJ. to show cause why you refuse to do so,
and have you then and there this writ.
Witness my hand, at Office, this 18th day
of April, 1874, in the ninety-eighth year OF
| American independence.
ALBERT AKERs, Clerk.
By JOHN CARTER, Deputy Clerk.
A true copy of the original.
Attest: JOHN CARTER, d. {.
AN AMENDMENT.
The plaintiffs were allowed to amend the
original writ by making NJ. A. COnsadine,
member of the Board of Aldermen and
chairman of the Fire Committee, a party
to and relator in the cause, both in his
official and individual capacity. They fur
Their amend by declaring that, after the or
dinance alluded to in the original petition
and writ in this proceeding had been regl-
| larly passed by the two branches OF the
| CITY Council, and vetoed by the Mayor and
| transmitted 10 the two Boards for their re-
consideration, as stated in said petition and
| writ, the same was reconsidered by them
and regularly passed over his veto by
a twO-thirds majority. That when the
vote was taken in the Board Of
Alderman, as stated in the suit and petit
ton there were nine members present and
six of them voted for the ordinance and
two against it, one not voting. That
when the vote was taken in the Common
Council upon said reconsideration as stated
i'm the writ and petition, there we've fifteen
members present and of these ten voted for
the passage of the ordinance over the veto
and five members against it. That under
the bylaws and rules regulating the pro-
ceedinos of said Board of Aldermen, six
members constitute a quorum, and under
the bylaws and rules regulating the pro
ceedings of the Common Council, eleven
members constitute quorum. That not
only did Messrs. Gamewell x Co. tender to
said Kercheyal, Mayor, the contract and re-
Guest him to sign the same, but the Fire
Committee also, being present when the
tender was made, requested and urged him
TO sign the same, and he then and there re-
fused on the sole and only ground, that in
his opinion said ordinance had not
been passed over his veto by the
requisite majority, that in his opinion the
majority required to so pass 1t was two
Thirds of the whole number elected; and
Kercbeyal then and there admitted that
IL.