The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1876-10-19

Tbs Justices of Hardeman County, ct al
| W. D g Wells ct Gl, and the Justices
| of the Peace of Fsyetts County, vs..
z. e. Steger et. al
The Court is of opinion, and doth or
der, adjudge and decree, that the Com
plainaut are entitled to the relief sought
ana prayed for in their said bills of com
plaintf and the Court being of the opin-
ion that the defendants are not legally
constituted Board of Commissioners for
the purpose Of organizing the proposed
new county of Bell, as provided by
statute authorizing the formation of said
new county, aud that the lines of said
proposed new county have not been sur
veyed and established by them as re-
/ quired and provided in the enabling act,
under which the said defendants assume
to organizs said proposed new county
aud that the census of the voters Of said
new county have been improperly, erro-
niously and illegally taken by them, or
by the census takeF appointed by them,
both in the territory proposed to be taken
! from Fayette county as veil as Ia the
territory pro osed to be taken from
Hardeman county; and the Court being
further of opinion that said pretended
Beard Of Commissioners had no legal
right or authority to take the census of
the voters, or to assume to organize as
a part of Bell County, that portion of the
territory of Fayette county Included
within the metes and bounds of the pro-
posed new county of Eashoba; and the
Court being further of opinion that at
! the election held under the dir ectiOn of
said defendants on tho 9th day of Siay,
| 1875; for the purpose of testing the sense
of the legal voters of said proposed new
county in the territory proposed to be
| new county of Sashoba; aud the COur-
! being further of opinion shat at the elect
| ton held under the direction of said de-
| fen dants on tho Sth day OF May 1875,
| for the purpose Of testing the sense of
| the legal voters of said proposed new
/ county in the territory proposed to be
/ taken from Fayette aud Hardeman coun-
ties, that tICO-thirdS of the qualified vo-
| ters resident IN each of said fractions
/ did not vote IN favor of the establish
meat Uf said eW county, AMI that said
election was improperly, illegally and
without authority held on that porti on
! of the territory of Fayette county in-
Guided Nithin the metes and bounds of
the territory proposed to be taken as
part Of Nsshoba county, and that the
said pretended Commissioners had no
right or authority to organize or to at
tempt to organize the said new county
| g ll.n 81,
Tie Court doth therefore, order ad
| Judge and decree, that she attempted es.
tablishment and organization Of said
proposed new county Of Bell by the de
/ PENDANTS under said assumed oFgaDizs
ton as a Board of Commissioners and
under said survey and lines as fixed and
established by them, and unde= said
census as taken by them, or under their
direction aud under and by virtue Of
said election held u;Ider their direction
May 8Jh, 1875, is .Illegal, OF no effect and
void, and the said defendants aud each
Of them are perpetu lily enjoined from
taking any farther steps or action IN the
establishment and organ ization of said
proposed new county of Bell under
said assumed organization as a Board Of
Commissioners, and under said survey
and lines as established and fixed by
them, and under said census of voters
taken by them, or by the Census taker
undcr their directions, and under and
by virtue of said election held May 8th,
1875, and the injunction heretofore
granted and issued In this cause IS here
by made perpetual And the Court is
further of opinion aud doth 80 order,
adiudge and decree; that the election
held by said defendants or held under
their orders and directions in said pro-
posed new county on the 18th day of
June, 1875, to elect the various county
officers for said proposed new county,
and to determine by vote the location of
the County Seat thereof was opened and
J held illegally, and is Of no effect and
. void, and the said defendants and each
of item are perpetually enjoined from
proceeding any iuFther In the matter of
! | holding said election, or from taking
any further action by virtue thereof
toward establishing or organizing said
r proposed new county and it is furth or
= ordered that defendants pay the costs
In these causes for which execution may
issue.
o To all of which foregoing judgment
{ and decree of the Court the defendants
q except and pray aR appeal to the pres,
snt term of the Supreme Court Of Ten
nessee now IN session at jackson, Tenn n.i
. aud complaiDants agreeing and consent
ing that SAID appeal may be takan to the
: present term Of the Supreme t'ourt-the
said appeal is granted on condition thai
defendants within 20 days enter intc
= bond with security for costs before th
Clerk and Master ef this Court in ths
sun of Eve hundred dollars, conditioned
:, ss prescribed by law Official copg
} from The Minutes Of the Chancsr7f Co,irf
e at Somerritle, Tenn, pages 200-20l-
202.