The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-12-07
BATES-EVANS CONTEST.
BILL RESTRAINING THE GOVERNOR
FROM ISSUING CERTIFICATE.
To II. Clay Evans, to Represent the
Third Tennessee District In the Fifty
first Congress Tho Injunction Is
Served and Granted.

Special Dispatch to The Appeal.
NASHVILLE, Tenn, Dec. 6.-Vertrees &
Vortrecs, Hill 4 Cranberry and A. s.
Marks, attorneys for Greed S. Bates, filed
bill in the Chancery Court today pray
ing for an injunction restraining Gov.
Taylor from issuing certificate OF election
to IL. Clay Evans. After citing the
case, with which the public is al
ready familiar. tho bill says;
complainant now further shows that
he is informed and believes that said
defendant now claims and pretends 10 be
of the opinion that one II. Clay Evans,
who was also voted for and was candi'
date Of said election, should receive the
certificate as q member OF Congress elected
thereat. lie is informed, and believes,
aud thereupon charges and says that the
defendant is about 10 and will issue
and deliver TO said Evans a certificate on
commission purporting to have been Is
sued in pursuance OF the action OF said
board, and certifying and stating that said
Evans was legally and constitutionally
elected, and that the defendant will
issue the same unless restrained
by this honorable court. He withholds
the certificate issued TO your complainant.
and refused and still refuses 10 deliver up
the same, claiming that one TO said Evans
can now be and shall be issued inits stead.
Complainant further states and says that
said Alision never has ut any time, indi'
vidually or as q member OF said canvasslng
board, decided or declared said Evani
10 be elected Representative, or that Z
certificate to that effect should BIO issued
to him, but upon the contrary he decided
and declared for the election OF your com
plainant, and has never at any time recon
sidored or reccdcd from the same. Com
plainant is advised and thereupon charges
and saws that when said Board acted and
declared tho result "A heretofore shown
their powers 10 reconsider the same OF
modify the decision 80 made even by
| unanimous consent OF the members Of said
board we're wanting and gone, and that nc
such power existed in them. lilo il also
advised and says that when said cerliiiD q,
/ was made out or issued, ~ stated, II could
not be recalled; that said board could moi
/ recall the same or issue another ~
/ it, stead, and that your orators rights be-
came thereby fixed and complete whether
| the same was ever delivered 10 him ol
not. lie * also advised that even II a Ger
| tifcate had been issued that mas
| much rs said Allison has never n
any time declared said vote 10 hav,
elected said Evans nor nc any time
| declared aud decided that the cerliticat,
| ought TO be Issued 30 him. but has decided
and declared 10 the contrary, rs stated
| the defendant has no right, power or au
| thoriiy 10 issue or deliver said certificate
or commission 10 said Evans as he threat
ems and purposes 10 do, and the issuanc,
Of such certificate by the defendant,
purporling, as In law II must
| be in accordance with the action ant
unanimous declaration OF said board woul,
be an usurpaiion Of authority without
warrant of law aud false certificate, ~
said defendant knows complainant charges
and says that no certificate can or ought I,
be issued TO anyone by the Gov
| crnor except In pursuance OF ant
upon theunanimous judgment, action an
declaration Of said board. said ccriiiicat
issued 10 and for your complainant hcin
! withheld from him. complainant charge
| and says that the issuance Of such a cert
fcalo as that proposed, and which will b,
issued 10 said Evans, II delivered or is
sued, will do great aud irpparabl,
injury TO your complainant, aud such a
cannot be rcdrcsscd by him. PurportinI
10 be- the result Of the decision Of sal,
board, Il will prima iacio eDtitle said Evan
10 said seat aud membership In Congress
aud he will be sworn ii therefore, and ad
miitcd rs a member upon the same, 10 ia
exclusion u your complaint, the rcghifu
member elect"
The injunction was granted and serve
ON the Governor.