Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1879-11-01

rapher would have found 1t difficult
to follow him.
Judge Tyler commenced by say
ing he could in no way be induced
TO sign the bond proposed by the
committee, considering II both lille
gal and unjust, and announced him
self prepared for the alternative of
having his office declared vacant by
the Quarterly Court, and so bring
the matter before the Supreme
Court of the State. He maintained
that the bond which had been ac-
cepted by the Court, at the meeting
of Oct. I'd, was expressed in the
very words OF the ordinance of 1879,
and that the Court had no right to
demand any other; that the word,
property, in that ordinance, could
only refer to real property, books,
etc, and did not include monies
and bonds subject to the cheek of
the Judge. He pointed out that
the bond he was called upon to sign
would render him liable for funds
which the County Trustee might
collect or which might remain in
his hands seven years without COM
ing under the Judges control, and
any defalcation on the part OF that
officer might thus fall upon the
bondsmen Of the County Judge in
stead of those of the defaulting
officer. He then read letters he had
received from large number of
counties describing the bonds given
by the County Judges of each, COM
mencing with Davidson county in
the case of which the Judge gives a
bond expressed in exactly the sa me
terms as that which was accepted
by the Court at the last meeting.
Several other counties were shown
to be satisfied with bond averag-
ing $500, and the conditions Of these
bonds where given, were the same.
Finally the Judge pointed out that
a bond, such as the majority report
demanded, while it secured things
not contemplated in the act, faild to
secure those which were, these
things not being mentioned in the
drafts for that bond. The Judge
then reiterated his purpose not to
sign such bond as was demanded
by the majority report. and sat
! down.
J. n. Blackford, Esq, said that
the form and amount of bond
recommended by the committee
had been resolved upon by all men,
beers of that committee, except One,'
after having consulted with some of
the best lawyers in town, and that
some attention was due to their adj
vice as we'll as that of Judge Tyler.
He contended that property was
properly understood to include
money, bonds or any other funds,
and that the Judge had uncontrolled
disposal of these was proved by the
fact that he had, since thelast meet
ing, transferred portion of them,
amounting to $4,000, from one
bank to another; nor did he make
any distinction between bonds and
money, as these bonds were con-
vertible securities and will be re-
ceived in all banks as money. All
| these he considered could be secured
to the full amount. He declared
himself prepared to meet the Judge
as peremtorily as he stood out him
self, and was in favor of bond
such as recommended by the major
ity report, and, in case OF the
Judges refusal to sign it, would
move that the office be declared va
cant.
After this the debate was very
desultory, and large portion of it
Irrelevant, we were able, however,
to catch some points bearing upon
the merits OF the question.
W. S. Mallory, Esq, explained
the minority report TO mean that
the Court having once accepted the
bond at last meeting, could not re-
verse its action so as to render that
acceptance void for the purpose of
/ taking new one.
w. X. Cummins, Esq, replied
fbok tbo bond l,oI MT haay, onooUf
ed that he himself had objected to
| its acceptance at the last meeting,
and that the acceptance of the re-
port which recommended that form
of bond was not an acceptance of
the bend. We understood him to
say that the bond was not even yet
signed and that it could not be con-
sidered as accepted until signed,
r. McFall, Esq, spoke to the
same effect and asked: "If the
bond is already accepted, what did
we appoint the committee for, and
what are we here for now ?''
Esquires R. D. Read and c. D.
Bailey both confirmed the position
that the bond offered at the last
meeting had not been accepted by
the Court, and that the court is now
free to fix both the conditions andl
the amount of the bond.
After a protracted conversation
the vote was put and the report of
the minority accepted.
@. ID. Bailey, Esq, now offered a
resolution that, Whereas a large
sum of money is now lying unpro-
ductive to the credit of the County,
and, the building season being near
~ over, not much of that money
will be needed for paying contracts
this winter, therefore, FeseFying a /
sum sufficient to meet immediate 1
expenses, the rest should be invest
ed in United States bonds until re- |
quired.
Judge Tyler now again took the /
floor. He objected to the invest
ment of county funds in United 4
States bonds for several reasons. /
IL i trt,o no Said that Government I