The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-02-09
sit DOWN, SMITH!
SLAUGHTER AGAIN SEATED AS
THE PRESIDING OFFICER
OF the County COurt-0ne Of the
LiVellest Sessions in Its
History.

for the ring. They fought with all
TIE desperation of desI air t the very
last ditch, expiring with their shat
tered and broken arms in their hande,
waving them hopelessly in a futile
rage. At 8 o'clock the magistrates
began collecting at the Court House
and for an hour the scene in the ro-
tunda was one of the liveliest descrip-
ton.
THE COURT ASS ,MBLRs.
A little after 10 O'Clock they got to-
gether in the courtroom. Justice
York took the chair, and the following
members answered TO their names
Thomas, Stewart, Jones, Harrison,
Williams, Lee Allen, Jackson, Rourke,
Spelman, Qligley, wInters, Pope,
Pryor, Coleman, b ackwell, Shievers,
Co.'s, Hughes, Welborn, Mercer, j.
w. Allen, J. M. Fleming, Harrell,
Moore, Brett, Graham, Holman,
Plunket, Davie, Smith, Elliott, Thos.
Fleming, Egnew, Powel, Mason,
Slaughter, Bland, Porter, Hughey and
Galloway.
Justice Brett was the first man on
his feet. He moved tia. the court At
once proceed to the election of an as
SCISSOR for the Tenth Ward.
GETTING DOWN TO BUSINESS.
Jut tice Galloway thought the Court
had better dispose Of the real business
on hand first. As a preliminary step
he n oved.tb at the Court pass up on the
right of Messrs. Cross and Mercer to
vote on any questions which might
come before the Court.
CROSS AND MERGERS ELIGIBILITY.
Justice Moore said he had a resolu-
ton which would cover the case, and
offered one declaring that Cross and
Mercer we're not entitled to vet =, and
further that they were not justices
Of the peace. He finally consented to
strike out the later clause. Tho reso-
luton as amended was seconded, and
Justice Brett then moved that the
Cour ty Attorney be asked 20 give his
opinion as to the right Of the gentle
men named to participate in the de-
liberations Of the. court. AS they had
both voted for Smith the result cf this
inquiry was of the greatest import
ance, aad pin could have been heard
to fall when
TIE COUNTY ATTORNEYS opinion AS
DELIVERED.
Mr.. Jordan Immediately arose and
said he required no time for consider
alton, though he disliked to render an
opinion because he must decide
against two gentlemen who hal been
among the most efficient members OF
the body. He stated distinctly and
emphatica'ly that IN his opinion they
had no right to seats AZ magis-
trates, the corporations for which
they had been elected laving been
abolished. He gave his reasons
at length, citing the celebrated Halsey
case as adjudicated by the Supreme
C0uit, and the acts Of the Legislature
abolisning BARTLETT and Haysville. He
was
CROSS QUESTIONED
and pumped ald csjoed by the friends
OF Mr.. Smith, but was mistaken in
his opinion. Speeches were made by
Messrs. B. coks, Msrtin and Wright in
favor OF rejecting Cross and Mercer,
and by Messrs. Barteau, Turley and
Patterson in favor of maintaining
them in their seals. Mr.. Turley made
as powerful of speech as could have
been made on his side of the question
but failed to meet the arguments o.
the other side, which had for theil
basis not only the Hslsev decision
but the act abolishing BaItl ,tt, which
states that "all Offices created by virtue
of the corr Grafton" are declared va
cant.
A vote wal about to be taken on Jus
tice Moore's result on, when t1e
hoaIy he a and roseate vii age OF
JUDGE DOUGLASS,
who granted the injunction ssa'ns
Slaughter, arose ( ON behind th'
ling with the salu a.ion, "May i
please the Court" The court, utter
ly unprepsred for this surprise patty
became still, while Judge Douglas
made speech against the a Instability
of throttliug the two voices for Smith
Justice Pc vel, after the lawyers hst
spoden and a number OF Mr.. Smith
friends had exhausted themselves
moved that the resolution of Mr.
Nc q be put to vote.
JUSTICE MooRE's RESOLUTION.
Following is the resolution in full
! WHEREAS, the chancellor, in the case o
| State eX rel. y. h. Smith VS.. ID @. Slaugh
ter, has decided that wherever the charter Q
pal corporation has been repealed
the Office OF justice Of the peace, elected b!
| the voters of said corporation, is also vacated
and abolished; and whereas, W. r. eros
was elected justice of the peace for the in
! corpOrated town of Bartlett, and j. A Mer
Ger for the incorporated town of Haysville
and whereas, by chapter 80, page ~, Of thu
acts of 1885, the charter of the town of Bart
lett was repealed, and by chapter ia, pag
2l9, of the said acts, the charter Of the towI
1 of Haysville was repealed and said munici
| palities abolished, and the offices of sale
/ Cross and Mercer thereby vacated; therefor,
Resoiped, That said W. X. Cross and j. A
] Mercer are no longer members of this court
and have no right TO participate in its pro
| ceedings.
The resolution was passed by vote
of II to IL, the devoted eleven being
JusticeS Thomas, Rourke, Spelman
Winters, Welborn, Plunket, Dsvie
Elliott, Thomas Fleming, Egnew snd
Galloway. Several Of the members
declined to vote.
AS TO THE FORTY VOTES.
Justice Galloway then moved that
the court decide whether or not forty
magistrates were present and voting
when hefamous first ballot was taken
A scene of cor fusion ensued. Here
the real issue was sprung. II forty
magistrates declared they hal voted
acc )rding to the Cha1cellor's dec E.
ion, Mr.. Smith must be indicted into
office, If less than forty then Mr.
Slaughter must take the chair. Quiet
was finally restored, and as each mans
name was called he answered in the
sffirms tive except Justice Lee Allen
colored. When his name was reached
Mr.. Nc Brooks arose with a paper in
his hand, and there we're loud
CRIES OF "sT down"
from Smiths side Cd the house. Some
insisted that Allen should be allowed
to answer in his own way and othert
that he should answer plainly yes
or mo" He rose in his seat four ol
five times, there were motions aod
counter motions and half the CourI
was moving restlessly about Smiths
l. L