Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1878-12-27
contraots. Dillon Corn, gecs. ll3

been applied only to cases of private
and commercial corporations, but it il
believed that when a case arises call
ing for their application, they will alsC
be applied to municipal corporations
Such is Judge billions opinion
Dillon on Corporation, section. ia anC
note /.
This doctrine brings US back to the
question, what is the strictly private
property" Of a municipal corporation
which may be taken by creditors, whilC
it is in existence, or after its dissolu-
ton? | answer, it is not the private
property of the inhabitants, as already
shown. 1t is not the property held fol
the use of the public, such as streets
wharVes, parks, cemeteries, hospitals
water works, and all other public
property for these cannot be sold fol-
the corporat3 debts,-2 Dillon on Cor
poration, sections AS, 446; / Id sec
tions GA, '65; 8 Heisk, R. p. 511.
This public property, for reasons o.
paramount public policy, is held, in
trust, for the use of the public by the
existing local government, whatever
its form may be.
But municipal corporations may ac-
quire lands and other property, in the
course of their administration, which
are not for public use, and which may
be taken by their creditors during the
life of the corporation, and which
would go to their creditors. after their
death.
Fourth-Effect of repeal Of charter
on back taxes: Where back taxes
were levied for general purposes, they
would fall with the corporation, with
out special legislation to keep them in
force, unless they had lost their char
acter of taxes and assumed the form O.
strictly private property of the cor
poration; in which ease they would
constitute part of the effects of the
dead corporation, to which corporate
creditors would be entitled. But
where back taxes were levied for the
benefit of a creditor of the corpora
ton, they would constitute, as / think
a lien on the private property Of the
inhabitants, and they would be bound
to pay such back taxes.
Fifth-Reviving the old corpora
ton, and It's effect on the corporate
debt. Bona fde creation of a new
local government and its effect on
the old debt:
The restoration Of the old corpora
ton would revive the old debt. The
creation of a new one, in good faith.
would not. Angel and Ames on Corp,
Sec. $50.
Thus far, | have considered the
questionsin their legal bearings. What
ought to be done? The remedy. The
new local government.
Firstly general law abolish all
municipal corporations having a popu-
lation Of over $4,000.
Second-Create, by general law.
new governments to be called taxing
districts, and to be towns, only for the
purposes of the new government, and
to be absolutely without power to levy
taxes.
Third-For all the wants of the
new government, viz: for fire anC
police force, for streets, sewerage, san.
itary protection, lights, water, hospita
and public schools, and for no other
purpose, let a tax be laid by the legis
lature.
In December before the meeting o
each legislature, after the first, pro
vide by law for a popular election b,
the taxpayers for the purpose of fix
ing the rate Of taxation necessary Il
meet the wants of the local govern
ment, and let the legislature imposl
taxes, in accordance with the result 0
such election.
Provide, in separate act, such legis
%lation as may be right and proper 70
the debts of the extinct corporation
to be submitted to the popular yot
for approval or rejection.
1t is not difficult to establish a muc.
better and cheaper local government
than the existing one. The Who'll
subject is now being considered wit
great care with a view to such a gov
eminent. The change will not b
temporary. Il will be permanent
Its advantages will be so obvious ths
none viii advocate a return to the oil
methods, which have SO long retarde
progress and paralyzed the industriC
Of the people Of Memphis.
Begin new career, with the burden
and follies Of the past thrown frol
your shoulders, and speedy and certai
prosperity will follow. Courage nov
Turn your backs on the past. Hal
way measures will not do. The hall
ing and timid policy which fears
cut loose from the body Of death thu
weighs us down will undo US. Ava
msth -