Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-12-24
LETTERS FROM THE PEOPLE.


was seriously and permanently inquired, was
called before his honor {. w. Heiskell, judge
OF the circuit court. The proof went 10 show
that q large number of prOperty-owners Of
the eighth ward had petitioned the general
council. through one of their Representatives,
for an order 20 repair the sidewalk in ques-
ton. bat that the petitioa was either not pre-
sented, or that be Improvements prayed for
were not granted, nor were repairs made or
enforced by the general council. Damages
70 the amount Of ten thousand dollars were
awarded to Mr. Doe Upon appeal Of the
case by the city's attorney, the Judgment of
the court below was sustained by the supreme
court. WOE JANUARY.
Another Warning.
EDTroRs APPEAL-It is a conceded fact
that troops, IN crossing long bridge, are re-
quired to break step. ] am told that men are
employed on the Niagara and other suspen-
SION bridges 70 prevent dogs trotting across.
! have frequently noticed IN the country
sigus erected upon bridges warning tray-
elers to cross at a walk, and | am told that
there Is legal requirement to that effect.
We al know that a cat, tr0tting across
room, shakes the whole building. You have
warned the people against the Exchange
building and the courthouse; now let us have
vour influence toward preventing the long
lines Of draws and wagons crossing the bridge
over the Charleston railroad, on Madison
street, except at walk. The bridge Is over
fifteen years old, was erected by ). b. Beau
mont. aad was a splendid piece Of workman
ship. bat II has outliYed itself and is danger
Gus. and the city should renew It. In the
meantime, If vehicles are prevented crossing
except at walk, somebody's life will be
saved. SUBURBAN.
The Proposed AbrozatiOn OF the Char
ter.
EprroRs APPEAL-The repeal of the char
ter Of the city, by which it would, to use a
common phrase. be ''remanded back to a
territorial Tin this case a county, govern
meut. while apparently a simple and effectual
way Of getting out of the bondholders grasp,
as proposed by Mr. Meriwether IN his COM
munication published In the APPEAL of Thurs
day last. Is met at the outset by the question:
What is then TO become of all the taxes for
past years that would remain unpaid at the
tune Of such repeal? Would they not fall
into the hands OF the city's creditors, and be
pressed TO collection with unrelentIng sever
.itv. giyilsg delinquents no mercy9 Either
shis. or, II they should be wiped out with the
charter. would there not be great wrong
done 10 those who have been punctual IN pay
inc Their taxes? These past-due taxes hav-
inr been already levied and standing as judg-
rnents and hens upon the property, the reg
,,larly constituted courts Of the State no
longer need authority 10 iery the tar, because
= has been legally levied and formally re-
1uc u INTO Judgment IN sad courts. Can
srcb t--Ies. therefore, be annulled? And #
fbe citv q, ,arter is repealed, who but the cred
tor al he c';tY can have the benefit OF them
Will Mr.. Meriwsther enlighten the public ON
tl,;s ,o,nt9 JUSTICE.
Grover and the Count.
FnrroRs APpEAI-Now that the Repubh-
can headers are defeated in theirrascally scheme
Inv the prompt refusal of Governor Grover to
iiss1e A certificate to man clearly ineligible
to h.e an elector. and admitting, and even IN
sis. no on the right of the house, on the count
OF ghe vote, to ''go behind the certificates,
It Is important to consider what ls the true
mode Intended by the twelfth amendment OF
counting the electoral vote, and IN what Ca
pacitv the two houses act-whetner as TWO
separate units, separately organized, ana
whose concurrent acton, as two bodles, Is
essential TO doing an act-as Is the case when
they act as legislatons-or whether as one
Joint convention, with one officer selected TO
side over II while the count Is proceeding.
fT1.s. III NAlt dD1IuNI Vi
-l',,5 - !, >em 10 be the true mode. But as
'a-as..t. 49, ~uuot alter the written constitu-
- go 49, a. no value when they are not
-A'i,:. sloii' ~ q ,',;tb !. Mr. c. N Potter, in a
late letter in the Hera VERY apie u eInet 1i
respects-speaks Of the hOTse - Gf:e VI tne
counters of the electoral vote, nliIn oase'
and on a disagreement Of the 70 hoasss,
many express apprehension that the -+nse
n L NJ -, alarAal nd . .
house viii claim that there is no election, and
will proceed as in case Of none. In contest
of this KIND that Is the necessary result. But
does il seeyu that the authors Of the constltu-
ton could not foresee a disagreement OF the
two houses. and that they meant TO adopt
plan In this count inconsistent with the com
plex nature Of the government they formed
They provided for electors, making their
number correspond to the number OF senators
and representatives from the respective
States. For instance, Tennessee has twelve
aud Oregon three. Here the preponderanoe
Of representation In congress Is with the
E,eopie; there Il Is with the State. Does it
not eonlport with this arrangement that IN
the duty aud right of counting the vote, and,
as both parties vii now admit, of canyassing
the validity of certificates and elections, the
same proportion shall be main
tained-that Is. the senate and house, In JOINT
convention, are 20 have the same relative
power as the States and the people have In
he electoral colleges? The people in Ten
pessee have the proportion Of ten to two on
ss.e sart of the State. And so in the count,
:, representatives Of the people should have
the sye-fsld as great as the representa-,
a voice ,iss Sfats selected by her sererdi
uSesJfom 'ss eisefore rers chosen. In
',,s, yGirs 'e5orS e,1S . power be more tttngly
repo.ed % tina than in as persons Ps,ta mus of rep fPe
r,sentine the compl,, siSs - sthst manner ~ rsT
Federal government? An,. = -, = a., t in that
could il Be better reposed in The a. in tbe
Individual capacity by which they = me
ratio of popular and State sovereignty xer-
extraordinary authority claimed by Mr.. - :,
ton and others for the senate and It's Presi
dent is unwarranted, either by the constltu-
ton or the history of the country. Seventeen
Presidential elections have occurred since the
twelfth amendment was enacted, and IN all
hut that of 1905 the senate has
repaired to the nall Of representatives,
and in every one there have been ttcO teller
on the part of the house and only one On the
mart of the senate. Il has been strenuously
that on such occasions the presl-
dent of the senate has no right 90 preside as
a matter of right In 1909, Mr.. Madison
election. Mr. Randolph said: There Is a
yery good chair for him III which the clerk
now SITS. But on what principle Is he to
come into this house with the consciousness
that he has a right, Mr.. Speaker, to throw.
YOU out Of your chair and take possession OF
II IL he comes If Is from our courtesy, and
cannot assume your chsir As a matter Of nghf,
hut As favor. Other members admitted
fiat the president Of the senate ought %
take the char, but distinctly asserted that the
two houses in this case do not form distinct
bodies. but JOINT convent N OF the mem
bers comprising both. In 1921, Mr.: Mon
roe's election, the question arose whether the
vote of the Missouri electors should be count
ed. a long and excited discussion ensned.
Mr.. Clav introduced a resolution, which was
carried after much opposition, that II any
objection be made 30 the vote Of Missouri,
and the counting. or emitting TO count, shaA
not essentially change the result OF the cleo
ton. they shall be reported by the president
of the senate IN the following manner: Were
the votes of Missouri counted. the result
would be, for A B, for President Of the United
states. - votes; If not counted, for A b,
4-.si,l ,leut. - votes; but in either event 4
q : eiee1s6 President Of the United States,
and in the same manner for Vice President
When the otjection vas raised the senate
- 5-.v- 10 consider il. hr. Archer miiSted
sbsf Their withdrawal was improper. de