Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-05-19
turnable on the third Monday in Sep
tember next. Herein fail not.
AN HOUR REHIND TIME

tember next. Herein fail not.
AN HOUR BEHIND TINE.
When the sheriff appeared to serve
the wTits, he found that the newly ap-
pointed officers, except Mr.. MeElroy,
had filed their respective bonds and
been iDducted into Office an hour before
hand. The deposed officers, it seems
had not been notified of their removal,
and Sergeant Helm opened the re-
cOrder's court yesterday morning, and
was attending to his duties when re-
lieved of his position. In his petition
he alleges that 1t was ''snap-judge-
ment,n which was taken in this case,
somewhat after the matter of Judge
Whytock in the case Of Brooks Us.
Baxter in Arkansas.
1t was whispered about that
A BROOKS DdBROaLIo
had eommenced, and that TWO sets OF
officers were on duty. This was incor-
rect, however, as none of the depOsed
officers seemed anxious to assert, cum Ui
ct drn1is, tLeir supposed rights to the po-
sitions from which they had been re-
moved. Captain Walsh remained on
duty, as be did not consider his office
vacant, when he understood that Mayor
League failed to concur in the action of
the police board. He was not intending
TO interfere with the newly-appointed
officers in the discharge Of their duties,
but would, as he had done, arrest all vic
lators of the law, and continue to exer-
else his official authority to prevent
breaches of the peace.
WHAT CHIEF ATHY DID.
Upon being served with the notice
from the court, Chief Athy did not re-
call the instructions given by him to
Captain WeatherfoId, SergeaDts ATratta
and McElroy, b1t instructed them to
continue on duty until further orders
were received from the police board. he
says he ia acting in accordance with in
structions Of the police board, and will
obey the same. He considers himself
obligated, therefore, to proceed, the
aforementioned notice having been
sent to him.
IS IT CONTEMPT?
There is talk that the chief Of police,
S. r. Robbins and DR.. Hewitt, as police
commissioners, will be arrested for con-
tempt of court, should they fail to COM
ply with the fiat of the judge. 1t is fur
thermore stated that the newly elected
officers, chief Of police and two commis-
siOners, having received intimatiOns of
the petitions being filed, and that they
would be eDjOined, made haste to give
bond and be qualified by Justice Cald-
well. 1t is cOntended, that with the
knowledge and information, that the
petitions were filed and notice was about
to issue is equivalent to regular SER
vice by an officer Of the law. Hence,
4, -,
able for contempt Of court, before which
they may be cited to answer such charge.
Reference is made TO q decision upon a
ike matter reported in the case of
Farnsworth Us. Fowler, first Swan. The
deposed members claim that the officers
have no right to enter upon their duties,
as neither the mayor nor city at
torney approved their bonds taken
before Justice Caldwell, and that
this is supported by the charter
of the city of Memphis in section thirty
three: 1.-THE general council shall have
power to require bond and security, in
such amounts as they may deem proper
from all persons holding Office under
the provisions of this charter of the city
Of Memphis, conditioned for the faith
full discharge of their duties, and no per-
sOn shall be qualified or enter upon the
discharge of the duties of his office un-
til he has given bond and security, to be
approved by the mayor, president Of the
board of aldermen, president Of the
board of common council and city attor-
ney."
WHAT THE NEW OFFICERS THINK.
The new officers and their friends
think such unnecessary, as the county
court clerk often takes the bond, and
swears in the members of the police
force. They think that as the three
members of the board made the appoint
ments, aud two Of them saw and aP-
proved the bonds given, that the pro-
ceedings are valid and lawful. They
also think the removal legal and right,
as a part of section thirty-six reads:
"Said police board shall have the power
to appoint Sll officers and subordiuates
in said department, except the chief of
police and recorder, and to suspend and
discharge the same at will
WHAT THE MAYOR SAYS
will be read with interest. He inter-
posed no objection, but cOncurred with
the action Of the board in removing the
officers and appointing others. About
week ago the board passed 8 resolution
authorizing two Of its members to trans
act all business. While this, in view Of
the charter section above given, may
not be legal, still it would defeat all Oh
jeetions made by any dissenting mem
Der of the board. 1t was customary
with him, as the presiding member Of
the board, to notify Chief-of-POlice Athy
when newly-appOinted officers had been
qualified for, and were ready to enter
upon the discharge Of the duties Of their
Office. This was deemed necessary, as 1t
gave the chief of police official intorma-
ton that the requisite bonds had been
executed and approved by himself, the
police authorities and city attorney. He
notified the chief of police Of the
charges made by the police board, but
has not notified him that the newly ap-
pointed officers were qualified, as the
city attorney had not passed upon nor
examined their bonds. As for himself,
he would obey the orders of the court
and abide its decision. He Was too bus
ily engaged in matters Of public con-
Germ to interest himself in the sQuabble
for office, and will have nothing to do
with either or any Of the contestants in
the affair. He Instructed one of the
ousted members to obey whatever orders
he received from Chief Athy, and leave
the settlement Of the matter to the adju-
dication of the courts, before which they
had carried it. The mayor is in no way
a pdrticeps to the affair.
THE INSTRUCTIONS.
Captain Atty, at roll-call last evening,
informed the members of the police de-
that Captain Walsh and Ser
geants Helm and Pendergrast had been
removed from their offices, and that
Captain Weatherford and Sergeants Ar
rata and McElroy had been appointed
in their stead. He instructed the patrol
men and statiOhhouse- keepers to recOg-
nize the newly-appointed officers, con-
stituted as such by the action of the po-
lice board, until otherwise instructed by
hin The men then departed for their
respective beats, and the excitement of
the day ended.
a PARIS correspondent of one of the
London papers tells the following: "a
sad accident took place yesterday, in
the churchysrd OF Grosbois, village
outside OF Paris. The body of a child
was about to be lowered into the grave
when the supposed corpse was heard TO
groan. The mother pounced on the
coffin and wreDched off the lid with
pair Of scissors which she carried in her
pocket. Mon Dieup cried she, my son
fives-he's alive-he's savedp And TAX
ing the poor little shrouded body in her
arms, she bathed II with tears and kiss
- n,t har fov was hrfaf The child