Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-04-06
TIE new CHARTER

THE new CHARTEE.
We publish on our second page, IS an
official advertisement for the State,
Chapter XCII Of the acts Of the last leg
islAture, entitled an "Act to regulate
and organize municipal corporations Of
certain populations, and for the increase
and diminutiOu Of their pOwers." This
chapter embraces the general law which
repeals the chsrter Of the city Of Men,
phis, and therefore has a special interest
for our city readers. 1t will be found, in
comparison with the charter sent up,
and which received the sanction and
support Of the general council and the
people and press, to be essentially differ
ent and at variance with 1t in spirit, tone
and inteat. We regard it not only very
defective and deficient, but a charter
such as, if 1t will prove constitutional,
will infiict greater injury upon the city
than the old instrument it was intended
to displace. Two Of the most objection
able features, which we are free to char
acterize as legislation Of the most re-
stricted and resctiOnary character, are
the clauses reducing the school tax 10
ten cents, barely enough to pay their
expenses for five months of the yesr,
and the clause which compels the &C.
ceptance OF all kinds Of city indebted
ness in payment Of taxes, except bonds,
thus placing the city at the mercy of her
creditors, of whom there is unfortunate
ly enough to food her Golfers with prom
ises TO pay, maturing bills and judg-
ments for many months to come. These
two clauses were carefully guarded
against in the charter agreed upon by
the people, through theic general eoun-
Gil, and why they were substituted, as
well as why this mixed up, messy and
unworkman-like charter was substituted !
for thst which the people agreed o,may |
well remain our special wonder. Then |
the charter is also defective in that there |
is no provision for the metes and |
bounds OF the city, and the police force |
is cut down to forty men exclusive OF |
the chief, Notwithstanding our pOpuls-
tion by the last scholastic census, is de- |
clsred, to be sixty-eight thousand, and |
will, doubtless, be eighty thousand when |
the next legislature meets in 1877; that
our territory is over three miles one way
and one and half the other, and cur |
situation on the river renders US liable
in the fall and winter especially 10 inun-
haffnna - ga and nnf |
we cannot, for want of space to-day, go
into as lengthy a discussion Of
this unfortunate measure as we could
wish and our readers might desire,
especially since we are compelled to de-
vote some time to the entertainment of
the mooted unconstitutionslity Of it
aa Unconstitutionality which rests, it is
said, upon several reasons, either one Of
which is sufficient in itself to annul it
and render it void and of nOn-effect.
With the opinions of Judges Morgan
and Heiskell in the tax cases before us,
we think a careful examination Of this
act will discover that it comprises two
distinct measures, or, il not, that the
full purpOrt and meaning Of the act is not
set forth in the title, as it should be,
and as section IL of article of the con-
stitution requires. That section pro-
vides that
braces more than one subject, that subject 10
be expressed in the title. All acts which re-
peal, revive, OF amend former laws shall re-
cite in their caption or otherwise, the title or
substance OF the law repealed, revived or
amended.
We find no reference to a repeal Of the
charter Of Memphis in the title Of the
act before us, notwithstanding Mem
phis is specially mentioned in counec-
ton with her ordinances In section AZ
and the eligibility of citizens to Office in
section 43. Besides this, we understand
that the act did not otherwise pass in
accordance with the constitution of the
State. For instance, We are told, and
the ststement.tallies with our special tel
egrsms from Nashville, that the first 32
sections which originally formed Colonel
FinlRy's general municipal incorpora-
ton bill were defeated in the house
that is to say were rejected. On this
head the constitution seems to be very
plain. 1t ssyF, section l9 Of article 2:
After a bill has been rejected, no bill con-
tanning the same ubndHce shall be passed
into a law during the same session,
Now we have, as We have stated
above, not merely the substance, but the
actual words Of Finlsy's bill tackled on
as the first part Of this act. But this is
not al II we ale informed correctly,
the original charter sent up by Memphis,
with some notifications (perhaps
quite a. Objectionable as those we
think very hurtful to the city,,
passed on Saturday, the twentieth
Of March, and was actually in the hands
Of the governor for his approval and
signature when it was recalled to the
house and was rushed through both
houses again in its present amended
form. As the legislature adjourned on
Wednesday, the twenty fourth, Of
course there was not time as is required
by section is, article OF the consdtu-
ton, to shave the bill read once
on three different days in each
hoEse," and we doubt-becsuse the
members began to drop of rapidly after
Monday, the twenty-second Of March
thu il received "on its final passage in
each house the assent Of a majority OF all
the members to which that house shall be
entitled under this constitution" Col
onel FinIay's bill was rejected on the
sixth Of March, aud by q vote to reconsid-
er on the eighth was recalled and finally
disposed Of at the close OF the session, as
is said, in the way above described. If
so. such action was clearly unconstitu-