Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-04-11
THE TWO RECEIVERS,
Judge Baxter, OF the United states
Circuit Court, Refuses to EDjOIn
state Receiver Meriwether
from Collecting Back
Taxes in Memphis.

Yesterday the clerk of the United States
court received the following opinion from
Judge Baxter, at Knoxville, with reference to
the Injunction sought to be procured to pre-
vent State Receiver Minor Meriwether from
collecting back-taxes in Memphis, or acting
as receiver in any manner. Judge Baxter
refused to grant the injunction, but gave his
opinion on several questions not particularly
involved IN the issue. The opinion is as fol-
lows:E
In the Circuit Court of the United States for the
western District of Tennessee, holden at Mem
phtS-Robert Garrett d Sons as. the City of Mem
pills ct al; Hopkins Louden the same; Tai
mage T. Brown Us. the same; Freeman Rogers Us
the same.
The motion of complainant for leave to file an
amended and supplemental bill In the causes (con-
solidated stated above, and for Injunction, came
Vile, tennessee, on Saturday. the fifth instant
These motions were argued orally by MIR. Sneed for
eqmplisslnanI, and by MI Merwether In writing for
htmself. And now, alter careful consideration of
the questions raised and Investigation of the au-
snGFeS quoted Il Is ordered FiTst that the leave
and the same Is hereby granted; and, secondly that
The application for an injunction De for the present.
denied. Upon cOmplainant's bills duly filed this
court early in last February took cOgnZance of them
OF the law and two months reflection has failed to
suggest any error In, or modification of the action
then taken. Having thus obtained jurisdiction Of
the parties and subject matter of litigation, 1t is not
within the constitutional province of the legislature
OF Tennessee, by subsequent enactment, TO deprive
this court OF It's jurisdiction and transfer
this litigation to another tribunal Chapter 90 of
the acts of the legislature Just adjourned the act
under which defendant MeT1W6Iner claims TO nave
derived his authority. is, so far as IT. assumes 10
withdraw this litigation from this court, unconsti
tutional and invalid. But no injunction is neces-
sary TO protect this court in its jurisdiction to
protect It's receiver In the execution OF the duties
enjoined on him. Any dttsHlpt the part Of any
one, matters not under Ictdt reteESe color Of
authority, to take the property, books or pap rs
committed bg this court to the custody Of its re eiLer
0ReT1gise hinder O6Strct him in the GatgftL and
proper execution Of his duties, 1OU be punished
contempt Of the authority Of the court. and persons
thus acting will be amenable to punishment for OBJ
STRUGGLING the DEGREES OF this court he would be for
violating an Injunction II one granted Nor is
1t necessary TO eDjOin defendant Meriwether from
inStituting and prosecuting suits against other per
sons not parties to this proceeding. All that this
court claims the right to do is TO collect the assets of
the late city of Memphis, including taxes regularly
levied and not paid, and apply the same to payment
or compartments ana such other creditors IS shall
make themselves parties to this (consodated) suit
ana show themselves entitled to share in the dis
tFibulon 0iSuch fund The inSttuting and pTosecut-
ing Of suits By said Merwether against other persons
In anotner tribunal, may necessarily haTrasS and
Cypress the persons sued. But his action and the
results OF such suits can in no way prejudice the
rights OF cOmpiainantS or any of them. The per
sons who may be thus sued by him, not parties to
this suit, must take care of themselves Nor is IL
from making declarations publishing notices
claiming TO be the rghtful receiver of the city and
entitled to the assets in controversy nor from dis
suading or deterrng delinquent tax debtors from
paying the taxes owing by them to the receiver of
this court. These alleged wrongful acts do not In
view Of court OF equity, constitute such threatened
irfepardble Injury as to call for the extraordinary
process OF Injunction. JOHN BAX
United States Circuit judge.
KNOXVILLE, Tenn, April Z, 1879.