Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-12-29
HAS MEMPHIS A CORPORATE EX-
ISTESCE!
"Cltizen~ Says IL has Not. Gnd Is Not
Bound fsr Dollar Of Deb. or Re
spoSsIbie for Current lila
biIities.
Sse says She D. without a Charter
Mlthsur Legal HeuHdavses, and her
Officers are Fsot de iITe. but de
faeJo. and Exist Only by
Sufferance.

EDITORS APPEAL read with the usual
interest the letter which appeared in your
columns few days since from the facile pen
Of Mr.. M, NJ, and ! confess ! was much
surprised and amused at the views he enter
tains IN regard TO tie solution of the financial
troubles and embarRssments into which our
clty has been thrown. and the plan for relief
he 50 kindly submits, fortI6ed as it wss with
legal authorities. [ also read the other com
muncation suggesting some difficulties in the
way OF sand plan and now ask space IN
which 70 say word on the subject unt er dis
cussion. Ii Will be remembered that the
botch called our new constitution, section 8,
article IL, provides that no corporation
shall be created or its powers increased
or diminished by special laies: but the
general assembly shall provide by eea.eral
laws for the organization of all corporations
hereafter created, which laws may at any
time be altered ur repealed, and no such al
teration or rercai shall interfere with or di-
vest rights winch have been vested. This
has received Judicial construction, and it is
well settled that the legislature cannot grant
a municipal charter; but the legislature did
provide in sections to 6, inclusive, Of an act
approved March 23 1875, for the incorpora-
ton OF cities having population of not less
than five and not more than twenty thousand
according TO the Federal census of 1870, ard
defined the powers such corporations would
have when organized under the provisions of
said act; and section II of the same act also
authorizes any town or city of not
less than five and not more
than twenty thousand population already
incorporated TO adopt the pa'3fter contained
IN said act by vote, cbc. It VIII also be re-
menbered that the citizens ran wild for
time IN the winter Of 1915 about new
charter, and a committee of lawyers and citi-
Zens was lmpr0vised to draft charter, which
was promptly done and published to the
world. TINS committee seemed to have over
looked the constitutional difficulty in the way
o. the legislature granting a charter to Mem
phis. This charter was sent to Nashville by
a committee to have itput through, but when
they arrived and be gan distributing their inn
mense printed sc.oll (chaTter}, they were told
that ths Legislature could not grant Memphis
4 new charter, but general law, according
- tho constitution, was being prepared for
adoption, and that Memphis must
take her chances with other cor
p)rationS fer municipal franchises
But comprcniise was finally struck, and the
late charter was clipped into Smithereens and
many Of It's sections simply interpolated into
the general law Of the { ate, with & provision
tsection 33 of the act referred ~ that all
municipal corporations having population
of thirty-fve Thousand inhabitants and over.
as ascertained by the Federal census Of 1870,
shall be governed by the following provis-
lons; and then follows sections "a to 81, IN
elusive, OF sad act, approved March %, 1875.
But beg to call special attention to section
81 of that act. The reader 10y reference, will
see that it specifically repeals the charter of
the city Of Memphis, and all acts amendatory
thereof, completely wiping out the corpora
ton ot Memphis, expungingits boundary lines,
as Gehned IN said old charter, and effectuaily
turn ng US oct doors and remitting us to the
body Of the county as we stood at and before
the first charter Of incorporation was granted,
and I assert that Memphis is to-day pithOtd
q corporate existence, fotkom charter ana
scithOm legal boundaries, and her Officers are
not de fpve, BAT de tactO, exercising their
functions by ss8crance, and not protected in
their acts by a corporation, but individually
personally liable for the same. | might say
there beng no such Offices legally existing
the incnmteBts enjoy not the dignity Of de-
.gacto oihcl Is, and, like the iaie county COM
missioners, their acts arc nutl;Jies | claim
that the said act Of the legislature, the
charter of the city of Memphis, IS null and
void because IN violation OF the constitution
of the State. We must regard it, therefore,
as nothing more than general law fixing
the franchises Of all municipal corporations;
and as the charter Of Memphis was wholly
and eifectually repealed, ard no provision
made for the incorporation of cities and
towns of population OF less than FIVE and
more than twenty thousand, according
to the Federal census of 1870 there viii have
70 be some Legislation before Memphis can be
re-chartered. Now, as to the effect of the
adjustment OF the charter upon the rights Of
creditors and debtors Of the corporation, |
leave for Judge Bradley, whose able opinion
YOU published, M NJ, - and other jurists
to decide; but A n inclined 10 the opinion
that there Is no legal way Of enforcing the
collection Of debts doe by the late corpora
ton. II Is true the taxable property Of a
corporation is bound for the just debts con-
tracted by the proper authorizes, but not sub
jeet TO sale under execution. The only way
70 reach it II By assessment Of taxes TO raise
money 10 pay the debts. ! throw out tl'eSe
suggestions 10 evoke discussion, and |
think the same worthy the considera-
ton Of the district attorney, and
would be pleased to hear from him.
As there Is no corporation to sue, or be sued,
all litigation for or against Memphis should
abate at once. Therefore. | repeat that ali
that Mr.. 'M. NJ. dssue done to absolve our
bankrupt city from her bonded liabilities was
effectually done by the last legislature, and
they did not seem 70 know when they struck
the death-dealing blow. Our next general
assembly viii have hard work 10 rcsuscitate
the Gefunct corpse and again rehabilafe It
with the paraphernalIa of a live corporation,
and then viii come complicati ms we dream
not OF. Asking pardon for the lengthy space
/ claim, offer as my apology The deep inter
est our people feed IN regard TO the financial
embarrassments Of our city. CITIZEN.