Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-03-31
ESTABLISHED 1910.

hcu AI0l NAAc lPOSS NA5 10 uaNo re"
peAled the ordinance which had Just
been enacted repeating the former one.
/ recommended 10 the general council in
levying taxes for 1875, that but one cent
on one hundred dollars worth Of proper
ty should be assessed, as / then be-
lieved, and do still believe, that the
original ordinance being the one which
is in existence to-day was not in ac-
cordance with the charter. City At
torney Hanson was always, l be-
lieve, OF the same opinion. Ex-
City Attorney Randolph, who
framed the original ordinance, was and
is o. the contrary opinion. Hence,
when the sinking fund commissioners
were enjoined from purchasing bonds
notyet matured, and q nldnd07nLs grant
ed 20 compel them to take up bonds past
due, they 1.-THE commissioners knowing
that City-Attorney Hanson believed
they were not acting in accordance with
the charter, they were anxious to have
other counsel to represent and defend
them. AS MIR. Randolph was familiar
with the subject, and believed they were
right, in order that they might be repre-
sented to their entire satisfaction, he was
employed to do so at compensation
fixed at three hundred dollars, to attend
to the cases, and defend the saT0e to
the court Of last resort In the matter
nf the employment of Mr.. Craft, that is
still pending, and is being very general
ly discussed by the citizens. So far as
am concerned, I will do what / conceive
TO be right, after having fully investi-
gated the subject, as presented by citi-
zens generally, hoping, at the same time,
that the action of the general council
may be harmonious, and for the general
welfare.
Q-Then 1 understand that you have
not yet opposed the action Of the geners
al council; now, how and in what man.
ner were the attorneys engaged? By
some committee, the finance committee,
/ believe?
A.-On February 22d / had occasion
to call a special session of the general
council to take action upon the proposed
amendments Of the city's charter and
other matters. On that occasion l said
"The finance committee desire to re-
port upon resolution to employ an ad-
ditiOn8l counsel to represent the sink
ing-fund commissioners in suit now
pending" The committee, through its
chairman, submitted the following:
"YOur committee recommend that the
finance committee be empowered to
employ extra counsel for the remain
der of the year to assist the city
attorney in all cases now pending
before the courts in which the city is
interested" Acting upon the resOlu-
ton, the committee agreed that even
ing upon the immediate employment of
Mr.. Randolph, as above stated. The
question afterwsrd came UP OF the en-
plOyment of additional counsel for the
remainder of the year, and sub-com-
mittee was requested to confer with the
leading attorneys of the city, and see at
what compensation they would lend
their services. That committee reported
q conference with some eminent men,
bers of the bar, and recommended that
Mr.. Graft be employed at a salary of
four thousand dollars for the remainder
Of this yeSr. A contract was prepared
by one Of the committee, and signed by
two members Of the committee.
Q-WhO prepared the contract, and
what two members signed it?
Alt was prepared by Alderman
Metcalf, and by him and Alderman
Hillsman it was signed. It was sent to
me for my signature.
Q-And you signed it?
A.-NO, sir, l did not. / believed
tee has no right TO create an Office, or to
fix compensation for an officer, without
the action of the general council. 1
learned, however, that it was not for the
purpose of making it valid or binding
contract that it was sent to me for sig
nature, but merely through an act Of
courtesy.
Q.-Ah! indeed; who, then, exercised
such official courtesy?
A.-Well, now, don't misapprehend
the intention Of Alderman Metcalf. l
am satisfied that it was his desire to be
courteous, but so many things are pre-
sented to me for action, that unless it be
matter of business, prefer not at
taching my name officially to
any instrument. The two above
named gentlemen called upon me, and
after the matter was freely discussed,
the conclusion was arrived at that it |
would be better to have a special meet
ing of the general council. / called the
council together March 18th, and en-
deavoTed, in the communication which
l presented to the city council, to SUBJ
NIT the entire subject to them, without
intimating what my opinions were upon
the subject. In introducing the subject
to them l said: 81 have requested you
to meet in special session to take action |
upon some business which conceive to |
be of too much Importance to ad- |
NIT of unnecessary delay" Fur |
ther on l said: 1.-THE committee !
has resolved to employ Mr.. Craft for the |
remainder Of the year to assist the city |
attorney in defending ell the suits |
against the city during the year, and |
fixed the compensation to be paid him |
for the time at four thousand dollars, to
all Of which l have no objection, at |
present, to offer. except to state that I
do not think the committee has power
to fix compensation for officers Of the
city" The subject was first presented
in the board OF aldermen and passed,
and afterward in the common council
with but one dissenting voice. The dis
senting member presented to me pro-
test which he afterwsrd published. I'M
medIately the Peoples Protective union
took action and entered protest which
you have already published in the AP-
PEAL. Other associations and tax-psy-
ers have done likewise. That is, think,
stating to you, in substance, the cOndi-
tion OF the case as it now is.