Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-01-19
II Come to the Rescue Of the
Taxing-District Government
To-Day.

sNeAeioA az HAty Cen's On inc uOIiaf anu ~
six per cent. interest, the coupons TO be re-
ceivable for all District taxes.
II this report i. adopted by the Legisla-
lure at the request OF this meeting il will
shift The whole debt Of the city OF Memphis
and all responsibility for it on to the Taxing
District, and rel cal that psri of section II Of
the charter which says that the Taxing
District commissioners shall mol issue any
bonds, notes. scrip, or other evidences Of Indebted
ness"
To do this would, we believe, be fatal 10
the existence OF The Taxing District govern
ment, which would thus become a public
debtor, with its bonds upon the market, and
in this way would be brought one step closer
than it is now to the clutches of the courts,
which on the question being pre-
sented would doubtless rule that a
corporation which can make or create
or become responsible for a debt ought
10 have the power to provide for it's pay
ment. This would ultimately lead to the
government that cannot now be reached by
any court, that has proven 'the best in the
world" to the people of the Taxing District,
becoming the defendant in endless litigation,
and no doubt TO its ultimate destruction by
the Legislature, at the petition of those in
terested, comforting the tax levying power
upon the commissioners.
This the people must no. aud we feel sure
will not permit. The old municipal form OF
government lasted, with some changes now
and then for the worse, for ffty-three years,
aud during that time $40, 600 900 in taxes and
by various forms of Indebtedness were
expended by the Board of Mayor and Al
dermen. FoRthat immense sum OF money
nothing remains hut few miles of rotting
Nicolsou pavement and a mile or two of
roughly-paved alleyways, and much Of that
time the city robbed the fremen, the police
men and the laborers employed of more than
half their stipulated salarier, which were
paid in scrip at from thirty-ive 10 fifty five
per cent. discount.
Contrast this with what the Taxing. Dis.
trict government has done 10 three years OF
active work. 1t, has received a little over
100000 in taxes, and for tina. sum has
made the levee one Of the finest In the coun.
try, has paved ten or more miles of streets
with stone blocks or macadsm, has put
down forty-6ve miles of drain tiles and
thirty-eight miles or more of sewers,
paying for this work as fast as il
was finished by the contractors, at the same
time that the fremen, policemen and laborers
employed have been every month promptly
paid in cash. The Taxing District govern
ment does not owe one cent, because the
commissioners cannot contract for any work
more than there are taxes specially levied
to pay, and because they are prohibited from
issuing any bonds, notes, scrip, or other eri
"dences Of indebtedness" is 'erpressy prohibited
"trOm ievying any tor for any purpose, that
'pOwer being reserved to he Legislature; :" aud s
declared to be not "tiabIe for any debt created
by said ertinct corporation" This is the saving
clause OF the charter, and to sweep it away
by compelling the Taxing District to issue
compromise bonds for the debt of Memphis
would be to invite ruin and the destruction
of this the best form Of municipal govern
ment ever devised.
These facts appeal 10 TIE conscience Of every
honest man. They appeal for the preserva-
ton of the Taxing District government 10
its integrity, that it shall not be invaded uu-
der any pretext; that It's special safeguards
shall not be swept away, and that it shall be
permitted to stand a monument TO the wis
dom that conceived it and the best and only
guarantee the citizens can have that public
improvements will keep pace with private
progress, and that the taxes will b. undevi-
atingly applied to enrichipg the city and
not be misapplied or squandered.
Butitis not ecessary 10 saddle the Taxing
District with the debt Of Memphis. 1t can
be settled at fifty cents on the dollar and ELK
per cent. interest just as satisfactorily and as
well by special commissioners as by the Dis
trict commissioners. Nineteen of the sblest
lawyers at the District bar say so. B. M. Estes,
H. T. Elicit, Archibald Wright, Folkes, Luke
Wright, Humes, Poston, CAN'T, Patterson,
Clapp, Beard, Smith, Collier, Craft, Cooper,
Weatherford, L. H. Estes jr, C W. Heiskell
and J. B. Heiskell say, after careful exsmi-
nation Of the constitution and the laws OF the
State, that the debt CT the city of Memphis
can be as satisfactorily settled by commits
sion specially appoin ed by the governor for
that purpose as by the Taxing-D slric, COM
missoners, and that the BINDS issued by
such commission would be stronger than
bond issued by a taI-levying municipality,
since the act creStiug such a commission
would become part of the contract with
the bondholders and could not be an
nuIled even by the repeal OF the act, and
the tax for the payment of the interest and
4he creation OF sinking fund would be per-
pelusl until the debt, principal and interest.
had all been paid. There is therefore no
reason for the demand of the bondholders
that the Taxing-District government shall
assume the debt of Memphis other
than TO open 4 way for mand amuses.
and subject the commerce and trade OF
the city to the grinding and inexorable
power OF courts that have not and cannot be
moved by the exigencies OF q sorely-tried
people who are just beginning TO lift their
heads out OF and above the slime and filth of
municipal corruption.
As we have twice before this stated, the
coupons of the bonds to be issued in settle.
ment Of the debt Of the city OF Memphis
might be taken in payment of the tax to pay
TIE interest on those bonds, but for no other
purpose. To 60 beyond that would be to
open the old shaving shop business, by which
large taxpayers alone can profit, and TO
prepare the way for the scrip issues that
were the special ourse OF the old municipal
government, and BY which the srenen, the
policemen and the other employees of the
city were robbed of nearly half their earnings
every month. But wsightier reason against
this coupon clause lies in the decision OF the
Supreme Court Of the State in the odious
ens.hundred. snd-three casa. The court said
through Judge Turney: "Ths third section
Sof the act makes coupons receivable for all
dskinds OF taxes, and school bends included,
"'and thereby violates the general school
"fund by making this fund subject to the
@morigage Law. This question. then ia, sha Il
-sthe constitution or the act Of thu Legisla-
Ature suoeunb? One Legislature cannot biBd
Iths successive Legislature. This is in direet
@'cenAict with the constitution. No Lsgisla-
Iture eau exceed its owp session, The