Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-05-19
TIM FoLEY's CASE.
Preliminary Hearing ia Ihc Eecoud
fhaucrry Court UcToFe anErc-I.
tar1 e.. walker, TgaterHay.
Remarks of z. ". Brown for PEsln1iR
and q. n. Fstes Tor Dsfeucaui-Ar.
EumcHt To-day.

The case Of Tim Foley aga,psf the a-s
and police commissioners came 1,,. ,,es-
lsTday Ia the second chanccry court he.
lore Chancellor Walker.
O.. W. Brown, for complainant s,id
thaL tne motion for Gi=soIutjo1 ~ 10
JUNCTION was made on oil and s7srn-
ana lhat the motion had beer sDts-al3
On tne motion docket before tha s,s,-,c-
vas uled. Though iu 'ormed an ~
! Iay' about eleven O'clock. that ars,,er
hAo been hled, yet rot until NJ M a.
Ociock IN The afternoon was he served
Hl-h Loi!ee Of fling. This was NOT one
HsS Z EeSice Of motion within the paasn-
ing 81 the rule, but IN viz
81 the public Importance Of
me case be would nJt have
reused 10 proceed, had he been nre.
/ Pafeo with his authorities, in ihe ar
! i@ngement OF which he had spent many
h'u-s inc day before, but would be ready
to'nCl1oW. Mr.. Estes. Tor defense. said
lnat owing 10 eXigencies occagioned
siucA MS employment he was not pre-
lh.ed, yet desiTedt8 proceed. The court
rected the case 20 proceed this morn
ng 80 nine O'Clock. after this direction
81 1he court, Mr. Brown called the At
Tent on OF the chancellor and the on.
posing counsel, TO the fact that the
alsH eT alleged au aCquiesCeuce by Fo-
icy in his removal. There was no oh
Ject IN making this allegation unless il
was designed TO rely on il to iDtercaDf
the courts in dealing with the direcs
quet tions presented by the bill rs to the
vail alfy Of the legislation OF the State
ana the municipal government, which
CAV rise TO the litigation. While meet
ing the questions presented by the bill
Dir Getty might risk the pride OF opinion
IN some, endanger me self-imp0rtance
OF some ana the political or financial
sCu ei4ieS ol oIhers, these considerations
ouG nj not 10 be az owed TO interfere with
the earliest juJ .fcial settlement Of the
grave matters tOuching the validity of
the act Of the general assembly. and the
proceedings oIthe present general coun-
eli under coIOr Of that act. The great
body OF th { people desire TO know what
really WSA the law. heir interest was
that way. Indeed, he would be sur
pr SEQ that the com missiOuers, or any
D' ~ else Oi ordinary intelligence, who
d &C 10 assume responsibility in the
! femlses1 would desire a8y postpone
heut or evasion OF the issues rendered |
by the bill, Whis solicited a SQUARE fight |
on the constitUtiOuality OF the act Of The |
late legislature ss seemed to relate to |
snd affect MeTnphis, and the validity OF |
the recent acts of the general c7uncil !
themselves. He Therefore appealed to /
the counsel ON the other side 10 with |
draw all that part Of the answer calcu-
lated in any way to prevent access TO |
these direct and fundamental points.
Mr.. Estes said that without iu- |
tending to be bound by the admis-
sion, he did not believe that the afiirmo
tive allegation rs to F0ly's acguies" .,,co
would avail them OIL the pre- .o,-1 LIo1 -lCo
ton, and that he wanted q .oIqra figbt
on the points made - the b.I Buf
that ne did 'Lot feel It liberty to with
arsw sy TINS M ilS.tof The answer.
,r.r1d III, d. .c'wn said, in reply, that he con.
tinI with Mr.. Estes, that this allega-
-LoH ,onI JOEld not avail the defense on this
~ ~ ion; but if even so held, it might,
= retained ia this bill, leave something
Jehind that would interfere with an ap.
peal on the determination OF this mo-
tiOD.
che counsel for the defense refused TO
6ttndraw the part OF the answer resting
on Foly's RcquiescenCe; yet it is not be- |
Heved that this will prevent a decision
on the points made in the bill. A hear
ing will be had to-day.