Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-06-05
THE SUMNER INJUNCTION.
Points Of One OF she Most Important
Cases Pending i'm the COurfs

~-@No EcMelnf5 IN ane courts.
On account Of the importance Of the
questions involved We copy from the
Gdltdtin ErURiner Of yesterday the full
text Of the bill upon which the recent in
junction in the fight between Sumner
county and the Louisville, Nashville and
Great Southern Railroad Company was
granted:
To ths Hon. Horace H. Lurt0n, Chancellor, ETC..
Holding tie CkdHeerg Court az GaIIatin, TIsnn
The Bill Of Complaint Of the Louisville and
Nashville Railroad Company, a corporation
duly chartered by the Commonwealth Of Ken
lucky and a citizen Of that State, against r.
Q. Ellis, or I. s. Ellis (his name being spelled
both WAYS, Revenue Collector Of sumner
county, Tenn, and ID. L. ,JGhns0n, Railroad
Collector Of Sumner county, Tenn, both citi-
zens Of said county and state.
Humbly complaining would respectfully
show unto your Honor that complainant Is
a corporation duly chartered by the General
Assembly Of the Commonwealth of Ken
tucsy, with power to sue and be sued, etc.
Complainant on the 18th of July, 1874.
filed its petition in the Circuit Court Of
Sumner county against II. NJ. Austin.
County Judge, and I. c. Ellis Tax Col
lector Of said county, for a writ of certiOr-
ari to bring up before said court a certain
tax assessment and proceedings with the
records and evidences thereon, which had
been made by said County Judge upon the
property OF complainant for State and coun-
ty taxes IN said county; 20 have the same
corrected, revised and declared null anu
void and set aside and for naught held,
and to compel said County Judge
70 show by what authority said assessment
was made. Said petition also prayed for
a supersedeas to issue to said Ellis, tax col
lectO-, TO stay all further proceedings on
his part to collect said taxes, that the col
lection thereof be peTpetually superseded
and for general and special relief. Upon
said petition being filed an order was made
IN open court that writs of certiOrari and
supersedeas issue as prayed for upon bond
being given, which was done and the Writs
duly issued. Afterwards, upon final hear
ing in said Circuit Court, said petition was
dismissed and complainant appealed to the
Supreme Court Of Tennessee at Nashville,
which was granted, bond and security hay-
ing been given as required by law.
On the 18th Of July, 1874, complainant
filed another petition in said court against
said County Judge and one David L. John
son, Railroad Tax Collector Of said county,
for writ Of certiOrari 20 bring I'D TO said
court a certain other tax assessment and
the proceedings and record thereon, made
by said County Judge upon the property Of
complainant in said county for railroad
purposes, and to have said assessment de-
clared null and void, and also for a writ Of
supersedeas to restrain said johnson from
collecting said tax until the further order
Of the Court. Upon the 18th Of July,
1914, the Hon. JO. g. Guild, Judge, etc,
ordered said writs Of certiCrari and super
sedeas TO issue, upon bond and security
being given, which was done and the Writs
duly issued. Upon final hearing in said
Circuit Court, said petition Was dismissed,
aud complainant appealed to the Supreme
Court at Nashville, upon complainant en-
tering into bond and security, which was
done.
The two cases by consent Of counsel
were heard together By the SGpreme Court
at an early day Of the term and were argued
at great length. Several weeks after they
had been argued, His Honor Judge Sueed
announced from the Bench in open Court
that the Judges were equally divided in
opinion as to whether the judgment should
be affirmed or reversed. The Legislature
DNAAAE1 AA4IA4 III 1NeoAOlF al d-L VI ~ DLUL4LEQ
to be PASSED on the 9th Of March, 1915,
providing ''that ali cases now pending in
the Supreme Court or hereafter brought
thereto, in which the Judges shall be equal
ly divided, the judgment shall be determine
ed as tOllOlrS: If the case depends upon the
cOnstitutiOnality of any act Of the General
Assembly, then Sgcb judgment or decree
shall be in favor Of the validity Of such
act. In all other cases the judgment or
decree Of the Court shall be dfirmed.'
Afterwards on the 7,h Of April, 1915, the
judges Of the Supreme Court announced in
open court from the bench, that they were
still divided in opinion, and Judge Sneed
read the opinion Of three judges in favor
of an afirmance, and the ChiefJ Justice read
the opinion Of the other three Judges in IA
vOr Of a reversal, and il was thereuDOn an
nOunced that under the act Of the Le.isla-
ture above referred 10, the jUd ment would
have 20 be affirmed. Accordingly an entry
was made upon the minutes Of said Su-
preme Court affirming the judgment in both
cases, and rendering judgment iu favor Of
said Ellis, Revenue Collector, for the use
Of the State Of Tennessee and Sumner
county against complainant for S12, 15O,and
in favor Of d. L. johnson, Railroad Tax
Collector, for S4,T0O, against complainant,
together with the costs OF both courts, for
which execution might issue.
Complainant will now show that the
Clerk Of the Supreme Court, assuming that
said entry was a valid judgment OF the
court, has assumed to issue executions
thereon to the Sheriff Of Sumner county,
who now has them in his hands, and is
threatening to levy them on the railroad
trains Of complainant and other property
owned BY complainant in that county.
Complainant insists that said entry is not
the judgment Of the Supreme Court of Ten
nessee; that the conflicting opinions Of the
judges now on record in said court, and
their public announcements from the bench
show that it was not their judgment, and
that said entry was made solely in ODE
dience to the requirements Of said legisla
tive mandate. Complainant insists that
said act is unconstitutional, and that the
entry made in obedience TO it is not the
Judgment Of the court, but Of the Legisla-
ture, and is therefore null and void.
Premises considered, Complainant prays
that sad Ellis, Tax Collector, and John
son, Railroad Tax Collector, be made de-
PENDANTS to this bill, aud required 10 an
swer according to the practice Of this court; /
that said entry be declared null aud void;
that said defendants be enjOined from col
leCting said executions or any part Ofeither,
whether by levy upon cOmplainant's prop
erty or otherwise until further order Of this
court, and upon final hearing that the in
junction be made perpetual. This is the
first application for an injunction in this
cause. May it please yOur Honor to grant
such other and further relief as in equity
complainant may be entitled to, et3-
To the Clerk and Master Of the CbaResry Court at
GdIldtin,
Upon complainant giving bond with good
security in double the amount Of the jUtg-
rnants sonnhL 10 lie nnininal nnnllLLnuaL