Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1879-05-28
THE CASE CLOSED.
The Receivers Bin Brought to
a Terminal Point.
Judges Baxter and Hammond Ger
tify to a Division Of Opinion
and Send the Great Case
to the United States
Supreme Court.

%Aieci sO'ci@i uoya cOuhultdttOu Dy
a raft Of lawyers large enough to form
respectable company Of volunteers
to fight the Indians or Zulus, the great
case on which the present city govern
ment's legality is founded was to-day
settled as far as Judges Ham
mOnd and Baxter are concerned.
1t now goes to the Uni
ted States Supreme Court for
final review and decision. The case.
it is thought, can be examined and
decided upon in October next, and it
is to be hoped that it will not be de-
layed beyond then. A few Of the
points in the contest, which, as has
been stated, is a suit by Robert Gar
rett and sons against she city of Mem
fphis, are as follows;
Judge Baxter was of opinion that
the following should be disallowed,
and Judge Hammond that they be ap,
proved, viz Regarding the decree ap-
pointing 7. ]. Latham receiver, and
directing him to collect delinquent
taxes, and the motion TO vacate set
aside the order appointing him re-
ceiver. As TO the question whether
the act of the general assembly ex-
tinguishes all claims due by the old
corporation, including that Of com.
plainants, the judges also we're op-
posed. The question, in the event of
the charter repeal being valid, and
that its effects was not to extinguish
all claims, has this court Jurisdiction
to collect the taxes which had been
assessed, the judges stand opposed,
On the question as to whether the
court had Jurisdiction as to the bills
prior to january 20, 1879, the date of
the charter repeal, to seize the assets,
revenue and properties, and to place
them in the hands Of receiver ap-
pointed by the court TO collect and
disburse the same to creditors Of the
old corporation, the opinion Of the
Judges stand opposed.
The question as to the Legality of
the charter repeal passed January
18th, is also opposed,
They also stand opposed on the ques-
ton as to whether this court has
jurisdiction TO enforce the lein on real
estate for taxes which the municipal
corporation possessed. Also, on the
question whether on the entire record
the court has jurisdiction to entertain
the bills and grant relief to the com.
plainants also, as to taxes already
, levied and uncollected, should they
prove insufficient to pay all creditors,
that whether the ceurt has power to
bring in all or partOfthe inhabitants and
. assess them to pay the balance also,
as to whether the creditors have right
! to relief except such as the State may
afford through its legislature alsoas to
: whether the appointment Of Receiver
Latham was not in violation o. tbf
United States Constitution az well a,
of the State of Tennessee, also as Ia
whether back or delinquent taxes can
be forced to a collection through The
courts receiver, and If so, in what
court, State or Federal, can suits be
, brought, and in what way can they be
collected.
Many other points are named which
! will come up for adjudicati.,u also !
long list Of objections offered By State
Receiver Meriwether. They are TOO
numerous and complicated to be clear
, ly understood, sifed and written out
for to-day, SO the foregoing synopsis
only can be given, 7