The home journal. (Winchester, Tenn.) 1858-188?, 1881-10-12
CHARTER OR no CHARTER,
Pc t.tion and Answer to the
Injunction Bill.

= wa ~ '''N pS'''''' '''' VIM We
70 the Hon. John W. Burton, Chancellor,
presiding at Winchester, Tennessee:
Your petitioners, Il. G. Marks, Isaac
EstilI, j W. Davis, T. j. Gaines, W.
Is! Watterson, Y. III. Finch, b. Duheld,
and ". V. Bcaslcy, citizens Of Frank
lin county, Tennessee, would respectful
ly represent unite your Honor that the
town Of Winchester, located in said
county, was chartered and thereby in
corporated under and by an Act Of the
General Assembly Of the State Of Ten
ncsscc, II number Of years ago, and that
its charter has since been amended.
Said several Acts are here to the Court
shown.
That in pursuance with said charter
said town was placed under municipal
government, aud has 50 continued to
the present time.
Petitioners further show your Honor
that on the 9th day Of April, 1881, the
Legislature Of tennessee passed an Act
entitled, can Act prescribing mode
by which municipal corporations may
surrender or abolish their charters.
Said Net IS here referred to for particu'
lars and made Il part Of this petition.
That in accordance with the provisions
Of said Act, }. j, Turner, Sheriff Oh
said Franklin county, gave the regular
notice that ON the first day Of October,
1881, he would open and hold an cleo
ton in said corporation, the requisite
number Of houscholders and irccholder'
having presented II petition to him, to
enable the qualified voters thereof t.
vote in accordance with the said Act d
the Legislature, No Charter" OIL
Charter"
Petitioners further show your Honor
shat ON the 2Ith day Of September
1881, " The Cooperation Of Winchcs
ter, NJ {. Forbes, Mayor OF Wnches
ter, Ellis Days and B. :. Henderson
Aldermen of Winchester, and I. n
ArIedgc, Constable Of Winchester,
filed their bill in your Honor's Court
asking for an injunction to issue and en-
igin said Turner, Sheriff, from holding
said election aforesaid. And, according
.ly, on Sept. 3Oth, 1851, said writ Of III
iurijon was issued, and said Turner
Sheriff ha, been restrained from hold
inc said election, Said bill is referred
to for ia alterations, CHARGES, &c.
It. will be seen, therefore, that said
ShoriH'i, the only person made Il part,
dotrn5ont and pptltiouers show youl
Honor that he declines to answer and
| defend said ill., and refuses the use OF
hi. name ~ = defendant by and through
whom said hin NAV be answered ant
dclnudod TLn affidavit Of ,aid Turue,
j. here oybibjted AS = part Of This pcti
tiop marked Tx, "A''") but not TO b,
conjnl
rotilioncrs uow show vour Homo,
,bnt fine rioht Given citizens Of CORPORA
tinu. f. vote ,Cbor,oro or "No charter
il . constitutional local RIGHT which
tlcy r,n onl he denied and derived oI
nv ynci, o., i,,,.ninn. NAVE and niece nj
Is,,,l .,rntcrv - .,iJ bin seeks to SET ur
and nrrncirioto Ly Injunction. The,
cLo,to ,hot tLcy. arc ritizcu voter. and
nr"n1r,y.TnLIor. If said rornor,ti,, an,
inwn ~ Winchester and that ~ smell
,nnv hnvo - ,irbt - thew are advised
~ G,,no into ynnr Homer. Court de-
C,uI said hin and hovc fine our.tion de-
tcrminoI NV yonr Honor os TO wbnthc,
tLcv t,r Themselves and in bchoIrofthc
o,hcr nntit;oncrs oskinc for said cloc.
tior have tbo right tn have said clcc.
tion held and LET \ majority of the yo-
tors soy whether thcv desire the said
c,rnoraIion IF Winchester to remain in
ov;Itonno mis- rirht thcv think tho
law Clearly Guarantees to them and Ia
be- derived Of tbc same in thc manner
,,iJ I'm soak, tn do wouId he mon.
..,r,r, outrorn ~ ;nsticr
Yorr nntitionGr. thercfaso o.k vour
IJonor td hermit them TO come into
YAM ITor,r' T., T,rrt o,l ,ps,yor and da.
fond said hill. but before answering
nnt;t;nnnrs G,rtbrr show vonr Uon@r
that IN ron,ost;ne thn uso IF soid Shcr.
iH"s nome throuGb and by which thew
r,,,,Lt or.wnr on1 dnfar1 said h;Il thoy
nronn.cJ to ,nJemrirv him and sovc
him harmless AGAINST a costs or dam.
n"cs still he declined the use Of his
name
II il obvious and vour Honor will
clearly see tbat if said bill in the man.
ncr nresenteJ con be and is TO be main
tanned without defense its purpose and
effect is to deprive citizens Of the cycr.
c;so of tho binhost rioht Known to an