The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1876-07-12

t4tO4 Z ifAaiJ atAC fJ4Of}g5lAfNAi tSA- 49,
to the voters received a majority oi
the votes cast, the question recurs,
what was the proposition submitted
The ordinance Of May Ist. 1868,
shows precisely. That ordinance
does not say one word about issuing
bonds for the purpose Of making
public improvements or for the
purpose Of acquiring property for
the public use of the town"-and yet
these are the only objects for which
bonds could issue. The ordinance
does not say one word about issuing
bonds for any purpose. In fact 1t
was not in any sense an ordinance to
issue bonds; it was only an ordinance
to employ an agent to have some
blank bonds printed of a certain
style and description. There is a
vast difference in printing blank
bonds and in issuing them. The
people never voted upon a proposi-
tion to issue bonds; they only voted
in favor of an ordinance to employ
an agent to have two hundred blank
bonds printed. These bonds were
in fact printed or struck off in New
York. involving the corporation in q
liability of about one hundred dol
lars. This is the only liability that
the voters Of Morristown contracted
under that ordinance; printing two
hundred bonds is all they authorized
TO be done; and when these bonds
were printed, the ordinance had
spent its force and was fauctats oficio.
After these bonds were struck off,
there never was any authority to is
sue them as liabilities Of the corpo-
ration. The people never voted
upon an ordinance to issue these
bonds, and the act expressly pro-
vides that this authority shall not be
exercised unless the ordinance au-
thorizing the same shall first be sub
mitted to a vote, &c. This was new
er done hence the bonds issued
without authority and are therefore
void.
That these bonds were in fact is
sued by the Board Of Mayor and AL
dermen, and not by any vote Of the
people, is made rs clear as a sun
beam. On May 90, 1868, the Board
after reciting that the election had
been held on the ordinance Of Nav
1st, 1868, passed the following ordi-
nance:
"Be it enacted by the Board that
the Mayor and Recorder be and ara
hereby authorized to sign and seal
rs many bonds as the Board NAV
from time to time deem necessary"
Hence the authority to issue bonds
came from the Board and not the
vote of the people. The ordinance
to print the bonds were passed MAY
!. 1858, and also provided for an
election; tbs election OF uhis ordi-
nance to print blank bonds was held
May l3, 1868 and seven DAYS after
the election, the Board Of Mayor and
Aldermen. Of their own yoli1ioE, de.
terlnined TO issue Gas many bonds as
they might from time TO time deem
necessary" This last ordinance of
the Board to issue bonds dd Itbitatne
was never voted agap I4Y taa pso.
pie it was never VitaIized by the
only power that could give it ef1ica-
CIV; hence it was ultra ri3eS and void.
1t is true the statute authorized
the Board to issue bonds for. cartain
purposes ; but tit proVidedl "tAis az
Mority shall not be eGerpiSed gpJes8 tie
pgdipanGe authorizing the same be first
submitted to q cote, etc. 1t was for
the voters of the corporation to saw
what4er bonds shonld issHe. Gud tQ
what amount, but in point Of fact
the Board, without consulting the
voters, determined to issue and did
isspe CAS- many bonds as the Board
might from tine to ting deem nee.
essary."
This ordinance, ander which the
bonds were actually issued and on
which the people never voled, at
tempted to confer upon the Board a
discretion as to whether bonds SHOULD
issue and to what amount. This was
a clear usurpation by the Board, be-
cause the law vested in the voters OF
the corporation that power and dis
cretion which the Board assumed to
exercise and did exercise for them
ssivps. The purpQrt Of THIS ordi.
nance of May 20, 1868, is "tkat as
u1auy bonds shaEI Issue from tina 10
iale as ne Board mag deem neceS s.
sayg." Under the law the voters
were the judges, but this ordinance
made the Board the jqdges, OF the
necessity for and amount Of bonds
to be issued.
But the policy thus inaugurated by
the Board was carried out. The
Board did in fact Issue the bonds
from time to time" just rs it "doom
ed necessary" The records OF the
corporation show that thirty-two
bonds were issued in 1868, one hun
dred and six bonds in 1869, and six
bonds in 1870. This was certainly
issuing them "from time to time, 4,
the Board deemed necessary" The
issuing Of these bonds from time Il
time, covers a period Of about thirty
months. The present Board has just
The same authority to issue bonds n;
the Boards in 1868, 1860, and 1870
had. II the vote in favor Of paiRtin.
two hundred blank bonds. could by
any implication be construed into al
authority to the Board to issue tha
uumber-and the implication is jus
rs strong with reference TO the Who'll,
as any part Of the number-thcn th,
present or any future Board can is
sue lifty-siX more bonds. so as 4
complete the number that were OF
dered to be printed.
Under this assumed authority 0
the Board, and in direct contraven
! ton of the law. one hundred anC
forty-four bonds of the corporation