Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-10-21
Joint Session.


called together in
Joint Session.
The two boards having met in JOINT
session, whereupon the mayors nomination
of I. W. Brown for asslstant-attorney was
presented, and the balloting was proceeded
With lust as the sergeant alarms presented
his chapeau for the reception OF the balloIs,
Councilman Hewitt moved that TIE once Oh
sssistsnt-attorney he dispensed with ior the
present.
Chairman Gent ruled the motion out OF or
der, whereupOu ,,
Councilman Hewitt moved that this COM
mittee OF the whole do now adjourn
Chairman Gent ruled that this was Joint
session of the general council, and not ses-
sion OF the committee OF the whole.
Several other motions were made, seeming
ly for dilatOry purposes, which were each
ruled out Of order oy the cHalrmsh: Mu cfth
some pertinent remarks from CHAIRMAN ROD
bins, OF the board of aldermen who severely
rebuked the members for the apparent chlld
play INDUCED in on the present occa@lon, and
appealed to them as gentlemen as couhcI-
men, to proceed in the matter in more par
liamentary manner. He was willing to abide
by the will of the majority, and opposed any
action tending 10 any other result. hIIeF
Chairman Robbins had taken his seat, CHAIR
man Gent ordered the sergeant-at-afIns 10 pro
coed with the ballOting, which resulted as IoI-
FIRST BALLOT.
M'Kissick u: Brown, 8: Craft, / ; Carpenter,
/; Blank, g. Total vote, %; necessary to
choice, IA. No election.
SECOND BALLOT.
MKissick, II; Brown, Y; Craft, 2; Blank l
Total vote, 27-one more than there were
mem bers present. No ectlon.
THIRD BALLOT.
Before proceeding with the third ballot
Councilman Solari, from the seventh ward,
wanted TO know If those members Of the
board who owned bonds in litigation were
entitled to vote for aSsisi ant-attorney?
Chairman Gent replied that it was ques-
ton Of law which he was unable to decide.
Several members thought the ceuncilmans
point well taken, but the sergeant alarms
proceeded with the ballot, as follows:
M'Kissick, "A; Brown, 10; Craft, 3. Total
vote, 27-One more than there were members
present.
COMMUNICATION FROM THE MAYOR.
After the result of the third ballot had
been announced, Mayor League asked the at
tentlon OF the board q few moments, and adj
dressed them as follows:
MEMPHIS, TENN, october %, 1876. !
Honorable Board of General Council:
MISUNDERSTANDING the past week, on
three different days, you have been In caucus
in committee of the whole, in general ana
special session, with the object in view OF
choosing counsel to assist the city attorney in
the city's defense of the suits which are now
pending in the supreme court OF the state,
and as Yet no selection has been made. Per-
haps have OccasioBed you unnecessary .roU-
ble by the manner which l proposed for you
to make the selection. Had L presented 10
you the name of single gentlemen, probably
firmed on the first ballot; but have regarded
the subject of the bond suits against the city
of such great Importance that wished 10
have the aid OF your advice to the fullest eX-
tent and in order to secure 1t, deemed II due
YOU to confer freely with you, and have your
approval of every act proposed before any
thing was done, thereby securing your cordial
cooperation In other words, the suits are
so important, their final and successful ter
mination 50 necessary for the protection, pros
perity and independence of the people of
this city-indeet, | might add, OF the whole
country-that every thinking mind is turned
to Tennessee, to know what Will be the final
result of these suits; and therefore l am re
solved to leave nothing undone that your
united wisdom will suggest to have the ques-
may he awarded to the city. The decision in
theSs cases will determine the question
whether city is liable for bonds issued with
out authority or not. 1t will decide the ques-
uon which has oftan lJoen raised and detar-
mined about innocent holders, when an issue
IL made by defense, ana 10 What extent
party Is an innocent holder when purchasing
In the open market. 1t will raise the ques-
ton of the constitutionality OF the present
city charter the only one 1t has ever had
which proposed to relieve the people from op-
preSSiVe taxation, and positively fOrbin the
Issuance of bonds; these questions are of great
importance to the city, for IL the city is to be
held lab for the bonds. then the legislature
could not have had the power to nix the rate
OF eaoh Zone bgsded doaPs SeTb
of real, taxable property, when it is
evident from the examination OF the assess
each one hundred dollars worth of property
would not be sufficient TO pay the interest;
nor, indeed, would five times the rate of taxa B..
| ton fixed by the legislature be sufficient to
meet the demands of those who present
| claims, If the city, through neglect, loses the
opportunity OF a proper defense. These suits
| will also determine the question who has the
power OF taxing the peOple-the legislatures,
| or ofice-holders, through the representatives
| of bondholders, issued without the sanction of
the people who are to be taxed to pay them.
The question has been too often, OF late, raised
| touching the constitutionality of laws tend
| ing to relieve the people from unjust and OPP
| pressive taxation, aId you Nay justly feel
proud when you consider that you have done
| your duty. Many of you, gen tlemen, whom l
have the pleasure OF now addressing, on your
advent INTO office, formed the rate of taxation
for city purposes at four dolla's on each one
hunred dollars worth of taxable property 4;
you reduced the rate from four dollars TO one
to the leglsl Ature, your action was
duction made, and positive prohibition, in
the sixty third section of the charter, from
leVying a greater rate Of taxation than one
dollar and sixty cents for any and al pur-
poses. The question now TO be determined by
YOU is, will you give the assistance by way of
counsel 10 the city attorney, which he regards
as necessary, so as TO have the whole subject
discussed before the court, 10 the end that the
charter may be sustained, the wise and just
acts OF the legislature declared constitutional
by the courts, and the question once again,
sentatives of the people alone, in legislatures
assembled, possess the power of levying taxes.
The city attorneys extreme modssty prevents
him from suggesting to you the course which
he conceivss 10 be the best interest of the city.
I am not overloaded with the weight of that
excellent quality, and, hence, will present a
resolution for your approval, which, il adopt
ed, will satisfy the attorney and convince the
people that The present general council has
left nothing Hndone TO protect them from ex-
~ ''''' JOHN IIOAGUE, Mayor.
The mayor then offered the following reSO-
lutiOng, which were received:
ResolUed, That the mayor be and he is here
by authorized and instructed, with IL e a1Vice
determined by ballot, to employ two gentle
men learned in the law 10 assist Judge
Walker, city-attorney, in the citY's defense OF
the suits now pending in The supreme court
of the state, known as the bond and coupon
cases.
ResolUed, That the compensation to be paid
to each of said councillors, provided the city
shall he successful, viii be one thou sand dol
lars TO each OF said councillors, If not success
ful the compensation to be each three hun
dred dollars
Resolued, That it is and shall he distinctly
understood anu so expressed by contract
with said counsellOrs when elected and ap-
pointed, that in the event the suits are ap-
pealed 10 the supreme court of the United
States, then, and in that event, the city at
iorney shall have full right, privilege and
authority to use any and all briefs which
may have been presented by both or either of
said at tOrneys, and for that reason and for I'll e
further reason and convenience OF the judges
OF the supreme court OF the state, the city
attorney is hereby authorized TO incur the ex
pense of having said briefs printed, and #
necessary TO employ photographic reporter,
and that all the expenses herein referred TO
be allowed as other accounts ard then paid
out of the expense account appropriation
when collected on this years taxes.
The joint session was then dissolved fer a
recess Of five minutes wnen the
Common Council
was called to order for the consideration
of the mayors commune Ition and resOlu-
tons.
Councilman Vance moved an amendment
that the city-attOrney be authorized to en-
piOy such assistance as may be necessary to aid
him in the suits pending against the city. Be-
fore action was taken on this amendment,
Councilman SolaTi offered a resolution that
each member be put on his word as to Wheth-
er he owns any of the bonds in liquidation,
and If So he oe debaTred from voting for as
sistant city-attorney, 1t being contrary to the
city charter.
ton on the table, and vote was taken; but
Councilman Gent was unable to decide, when
upon motion, the vote was taken by ayes and
nays, and lost, with the following result:
AYES: Moores, Cochran. Grant and Ryan.
Nays: Kelly, Hewitt, Elder, luther, Green,
Vance Clouston (coloredl, Doherty, Gay, Fish
er, Carpenter, Solari and Moon-l3.
By Councilman Green: Resolved, That the
general council Of the city of Memphis most
cnamDer of commerce at the annual meeting
on the tWenty-seventh Of september and ex-
tend to the distinguished visitors the hOspi-
talities of the city.
ResoEUed That a committee of three from the
council and two from the board Of aldermen