The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-05-22


suliiciency, and into the misconduct in Of
fee Of county officers.
The grand jury is specially directed to
examine into the condition OF the county
treasury with the view OF ascertaining
whether money drawn therefrom by APP
preparation OF the county court was in ac-
cordance with law. In other words, wheth-
or the county court has in any instance
exceeded its powers in appropriating the
public money. The purposes for which
the county court may appropriate moneys
is specifically designated in section APIS
1. x ). code, and the following section
4,2l6 in plain language says, 'but not for
any other purpose unless specially pro-
vided for by law" The counties OF the
State are by the code declared to be cor
porations, and the justices in the county
court assembled are the representatives Of
the county and authorized TO act for il.
II acts not by virtue OF any inherent au-
thority MS a corporation, but under dele
gated authority within the limits pre-.
scribed by the constitution and laws which
constitute its charter.
You will further inquire into the condi.
ton and management of the affairs OF the
Taxing District OF Shelby county and the
misconduct in Office, ii any, OF said Tax
ing District officials. The act creating the
government OF the Taxing District directs
in every case, before the fire and police
commissioners shall enter into any con-
tract for any purpose, advertise daily for
one week or more for such proposals for
work to be done, materials to be furnished
or service TO be performed, and shall open
all bids on the day named in advertise
ment in the presence of quorum OF not
less than three OF the members Of the
board OF public works, and shall enter
such bids with the names Of the bidders
in book kept for that purpose, which
book shall at all times be open TO inspec.
ton OF the taxpayers, and every bid shall
remain at least one week open for canvas;
and discussion after the opening beior,
any contract shall be awarded upon it, and
after that time the award shall be made, Il
at all, TO the lowest responsible bidder, who
shall in all cases be required to give ample
bond and security for its performance, the
bond and security TO be approved by tho
supervisors OF public works and fire anC
police commissioners, who sign the con
tract. Rut no contract shall be mad,
(which does not receive the assent Of a
least two OF said police and fire commits
sioncrs and at least four. members OF sal,
board, and the contract shall be in writing
by the parties asserting thereto, and shal
be recorded on well. bound book open I,
the inspection OF the taxpayers at al
times. The language OF this act OF TN
Legislature is 80 plain and easily under
stood that II requires not one word OF ex
PLANTATION 10 convey TO your minds jus
appreciation OF its meaning
II is made felony by this same act 10
any member OF the board of public work
or police and fire commissioners to becom
interested directly or indirectly, nearly o
remotely, in any contract OF any kin,
made in behalf OF said district, and upo
conviction the guilty party shall suffer in
prisonment in the State penitentiary, etc
You will inquire into and determin
whether the law thus given you in charg
has been violated, and in the event yoI
find this, or any other requirement of In
act disregarded, you will present the pei
son or persons so offending 10 this court
The evidence TO be produced and heard b
you will relate solely 10 the case OF III
prosecution, and You should hear no othc
evidence but that adduced by the STATE
And in case there be probable evidence q
|, the guilt Of the person charged with an
offence, the jury ought 20 find true bill
because IL is but an accusation, and Oh
party is put upon his trial aiterward beior
a petit jury. whose exclusive province II
10 hear and determine with the assistance
! and under the direction OF the coun
whether the defendant Is or is not guilt
, on the whole evidence for and against hin