Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-04-13

ter, as we term il, has now become 8
law, by which this city is TO be gov.
erned and controlled through us, its rep
resentatives, at least, for the present, is
before US, and we are here tonight to
determine what steps are necessary for
US to take In order that the city may
properly and legally be brought under
its provisions. That the charter, as now
presented, is in every particular the
same as the original, sought to be passed
by your committee under instructions,
we are well aware, is not the fact. And
why is it not? AS a member Of that
committee, injustice to them and duty
we owe to the general council, we beg
your indulgence while We make the fol-
lowing additional report: On the day
we reached Nashville, presenting acopy
Of the charter 10 each member OF the
Shelby delegation, with your instrue-
ton to Us, we endeavored, through
them, to procure its passage. To our
regret we found that a general corpora
ton bill had been prepared by Colonel
! Finlay, and passed on its first reading.
| This bill was to apply to US, as we'll as
| all cities in the State. After careful
examination your committee felt
assured that such bill would
not suit Memphis, and thereupOn re-
monstratiDg with its author or entering
| our protest, we offered ours in lieu. 1t
was rejected, but we were asked to re-
| port and prepare such amendments to
| the Finlay bill as we might deem
proper, and they would consider them.
! This we endesvored to do, presenting
our charter ss the amendments-that is
- say, as much OF it as was not actually
provided for by Mr.. Finlay's bill, but
with no favorable results. In this stu.
alton your committee remained for
days, hoping, however, that each sue
| ceeding day a reconsideration and COM
promise would be effected. In this re-
spect ii was a failure. Learning that
Nashville was preparing bill for her
self, and in opposition to the general
bill, we sought to join with them, but
found that they were asking for pro-
visions that we did not want. Again
alone, but not discouraged, we were told
that if we would put our charter in the
shape Of general law, "fOr the legis-
lature would entertain no other, and
present the same to the senate,n we
might possibly get such bill through.
Encouraged by this, we at once prepared
the bill, and it was passed in the senate
on its first reading, referred to the senate
Judiciary, and returned by them to the
senate, recommending Its passage. 1t
was then put upon its second reading,
and passed, and an early day set for it's
third reading, when it was confronted
by kinlay's bill, which had passed third
reading in the house and second reading
in the senate. Fearing that both would
be killed-our's In the house, and Fin
lays in the senate, on account OF the
shOrtness Of the lime, it was agreed
upon that our differences should be re-
ierred to q committee and abide by its
decision. The persons comprising that
committee you well know. Then and
there were most of the changes made
that occur in the present charter differ
ing from the one which you instructed
US to present. Your committee thought
to submit to their changes rather than
return home with no charter.
The two bills were read in the senate
on third reading, this being done to gain
time. The senate's action was to defeat
Finlay's house bill, which included the
thirty. second section, and the senate
bill was passed by amending and adding
a new bill prepared by City Attorney
Hanson and offered by Senator OvertOn.
The thirty-third section of this, which
was the first section Of our bill, provided
for our former boundaries and wards,
and all necessary powers which the re-
pesling clause in the present act did not
affect. In this shape was the bill when
the house concurred in the action of the
senate Saturday morning, and it was at
once ordered to be eDgrossed, and was
placei in the hands of the chief engross-
ing clerk. Thus it was when your COM
mittee left 1t and returned home, assured
that it would on Monday be signed by
Governor Porter, and true copy, prop
erly certified by the secretary of state,
be sent to Memphis at an early
day. That it has been changed
since your committee left we
are fully satisfied. Your committee are
fully satisfied that errors have been
made by the engrossiDg clerk, and that
this charter which you have before you
is not such as was prepared by your
committee and passed by both branches
of the legislature. We do not believe,
nor do we assert, that any intentional
wrong was done. 1t is not in the power
Of your committee, at present, TO prove
that great errors have been made, nor
would such now avail anything, as the
letters have in hand, from Judge John
M. Lea, member OF the legislature from
Davidson county, and Mr.. Gibbs, secre-
tary of state, show. Imperfect though
the charter be, is it not an improvement
upon the old one, in some respects? 1t
is certainly our sworn duty, as repre- |
sentatives of this people, to conform our
actions to its requirements.
He had written to Nashville to find
the original bill, and 1 desire to read to
you the following letters:
NASHVILLE, TENN, ApnIS.
s. ]. Camp, Memphis, Tennessee:
DEAR SIR-YOur letter OF the second, |
also various letters and kilograms, are |
received. The copy is exact from orig |
inal bill in my Office. / have spent sew
eral hours in the clerks rooms above. |
We have gone over many books to-
gether, and cannot find senate bill 228, !
which was adopted in senate after en-
acting clause of 545. The whole bill gone
clerks think some member must have !
it by mistake. If found, no power ex- !
lists to alter it In my hands, a. it is the
copy signed by speakers and governor
The journals show no alteration ia that |
respect of original senate bill 22S, and |
even if the bill can be found with the |
erasure on it, aud does not show on |
journals authority for erssure, it could |
not be established. | am yours truly,
CHARLES n. GIBBS,
Secretary of state.
NASHVILLE, Tenn, April s, 1875.
>. J. Camp, ESQ.,:
DEAR SIR-I have called at the cap |
itOl, and a diligent search fails to find |
the original from which the engrossed |
copy was made. 1 have no doubt the |
pencil erasure made by you was so faint |
that the clerk did not perceive the alter |
alton, and if the bill could be found, l |
am sure such would be the fact; but |
even admit that, how could we go be- |
hind the engrossed copy? The clerk |
says tnat some one must have taken |
away the original bill. Who compared |
the bill with the engrossed copy? There |
was great haste about the bill, and the |
error has surely crept in. l hope the in-
convenience can be remedied some way. !
You and Hanson did work most faith |
fully. Yours truly, JOHN VI. LEA.
The resolution was adopted and the |
chair appointed CounciImen Camp, |
Hewitt, Gay, Fisher and Cochran.
THAT INVESTIG ALTON.
The special committee presented the |
following report: We, your committee |
appointed to investigate the truth Of !
the statement OF the finance committee |
in relation to the treasurer, find that f.
after q careful examination that the /
statement was true, both as to the
amount and deficit at the time, but the
amount has been changed from $l0,-
O72 Is by later report of the treasurer
an HIM fftad to fhia com nittoa tn the fol.