The home journal. (Winchester, Tenn.) 1858-188?, 1881-09-28
RIO ELECTION.
The Sheriff Enioincd.


tor Il writ to onjon the Sheriff from
holding the election toascertain whether
the voters are in favor Of abolishing oul
town charter, together with Judge j. j
Williams fiat:
To the Hon. Jno W. Burton, Chancellor, &c.
presiding ut Winchester Tenn:
The Corporation of Winchester, Tenn,
NJ. G. Forbes, Mayor Of Winchester,
Ellis Days and b. $. Henderson, AL
dermen of Winchester, and T. N. Ar
ledge, Constable of Winchester, Tenn.
Complainants respectfully show the
Court that the town Of Winchester was
Incorporated as municipal corporation
a number of years ago, by an Act Of the
General Assembly Of Tennessee and
that the original charter has been
amended from time to time by the Cen
eral Assembly. Theseveral Acts grant
ing and amending said charter will be
shown to the Court.
Immediately after said charter was
granted municipal government was
organized under it, which government
has continued from that time until now.
The present government is composed of
complainant, NJ. G. Forbes as Mayor,
complainants Ellis Days, b, S Hendcr-
son, NJ. NJ Hendersonand }. l.. Baugh,
Aldermen. ComplainantT. n. Arledge
is the Constable for said corporation,
and was elected in january last, to serve
for Y months They all live in Win
chester, Franklin county, Tenn Said
corporation has created divers debts,
which are yet unpaid and unprovidcd
for. Among other debts unpaid and
unprovided for is one Of over $50 due
complainant NJ c. Forbes, and one for
over $50 due complainant L. n. Ar
ledge, which is unpaid and unprovidcd
for. At the July Term Of the Circuit
Court of Franklin county, Tenn, SAID
corporation was indicted for falling to
keep its bridges in repair. Said indict-
ment is still pending
On the 9Th day Of April, 1881, the
General Assembly passed an Act enti-
tied, can Act prescribing mode by
which municipal corporations may sur
render or abolish their charters" From
the 1st to the 9th section inclusive of
said Act, the mode for the surrender or
abolition of municipal charters is pro
vided. The 7th section prescribes a
mode for the amendment Of municipal
charters. This subject is not embraced
in the title to the Act, and renders the
entire Act void, as complainants are ad-
vised The 9th section Of the Act pro-
vides "That no town or city shall take
advantage of the provisions of this Act,
in regard to the surrender of its charter,
until its debts shall have been paid or
settled" Complainants show and
charge that the corporation of Wlnches-
ter not only owes compartments Forbes
and Arledgc as stated, but it owes other
debts, and it has incurred other liabili-
ties, which have not been paid and set
tied, or provided for.
Compliments charge that John }.
Turner, Sheriff of Franklin county,
claiming to proceed under said Act
has given notice that he will open and
hold an election on the lst day Of Octo-
Der next, to take the vote of the quail
fed voters of Winchester, for the pur-
pose of declaring the charter Of said
town abolished, if majority of the
votes are so cast at such election. Com
plainants do not know, nor do they ad-
nit, that said Sheriff had the
petition required by the lst sec
ton of said Act presented to him before
he gave notice of such election, and com
plainants pray that he may be required
to produce it.
By resolution of the Board of Mayor
and Aldermen of Winchester, adopted
ON the - day of September, 1881,
NJ. c. Forbes, as Mayor,
was directed to take advice aud adopt
such legal steps as are necessary to pre-
vent the abolition Of the charter OF this
town. This action of said Board was
had for the purpose of arresting the un,
warranted proceedings of the said
Sheriff.
Comppts charge that the Act under
which he is proceeding is void, and that
if if is not void, he has no power to pro /,
ceel under said Act until the debts OF
the town have been paid or settled, and 4
that Act positively prohibits him from Q
until such debtsare paid and
settled. :, IL. a
cdpcss of said town is not only not paid
and settled, bat that there is no money!