The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-09-06
THE MAGISTERIAL MUSS.
SATISFACTORY EXPLANATION FROM
EX-SHERIFF CANNON.
Why He Issued the Certificates TO Egg
new and Roichmann--A Case of Hob
sons Cholce-Chairman Slaughter Re-
fusos to Approve the Bonds.

Ex-Sherif Cannon was requested yes
make a statement with reference TO the
granting OF certificates to Squire Egnew
and Henry Reichmann. lie readily ac-
guessed and made the following eminent
ly satisfactory statement, which was taken
down verbatim ct literatim as 1t came
from his lips:
"Alr. Heichmann filed a notice with me
claiming certificate OF election and also
n notice of contest against Shaw and Tate.
| Immediately took counsel rs to whether
the office existed. and found m universal
opinion that the Office did exist, ms far MS
! had advice, which advice was received
from my special advisers in the case. j.
M. Greer and VI. i. Trezevant, Col. CAN'T
and w. Is. Gibson, all OF whom agreed
that the Office did exist. Before issuing
the certificates ] was served with notice OF
contest by Mr.. Bowden Tate and afterwnrd
by Mr.. Ingram. OF the Fifteenth district,
who was contosting Egnew ! then de-
cided not TO issue certificates 10 Egnew and
Reichmann. Aiterward both Ingram and
Tate came in and withdrew notice OF con-
test. then, on Friday evening, after
had been interviewed by reporter, is
sued the Certificates, but did not mail
them until ] had been served with an
alternative writ Of mandamus emanating
from Chancellor Estes, and commanding
mo 10 issue the certificates or show cause,
etc. These writs were returnablc 10 the
circuit court. On Sunday nj noon re-
cciyed nj the hands OF Mr.. Dan Schloss n
second notice Of contest from Mr.. Tate.
In this connection the following letter
from NJ. y. Trczcvant is pertinent
THE EGSEw COMMISSION.
To the Editor OF The Appeal
Surprise Is expressed in your Issue OF
this morning that Mr.. Egnew and Mr..
Rcichmann should have received ccrtif-
Gates Of election.
Respecting the case Of Esquire Egnow,
] beg 10 say that | represented him M
counsel, and filed in the circuit court a
petition for mandamus against Mr.. Can
non. 10 compel the issuance OF the ccrtif-
icatc. Chancellor Estes granted the fiat,
aud the writ was issued commanding tho
sheriff to deliver tho certificate or show
cause against IL. have not seen Mr..
/ Cannon, but do not doubt that he felt IL
his duty upon this authority to deliver IL.
| As ! can conceive Of no sufficient reason
why It should not 10 done, express the
confident belief that hc will be entirely
sustained by the court. Respectfully.
NJ. Il. TREzEyANT.
Chairman Slaughter, after carefully in-
vesligating the cases Of T.. X. Egnew aud
Henry Rcichmann. hasdcclned Ia approve
their bonds, for the reasons set forth in a
writing attached 10 each OF the bonds.
Thoy read ~ follows
decline To accept this bond for the fol-
lowing reasons:
|. Because tho act Of 1867, chapter So.
page 81, removes the county seat from
Raleigh Ia the Fifth district OF Shelby
county and within the corporate limits Of
the city Of Memphis. This, ia my judg-
ment, does not give 10 any other than the
Filth district AN additional justice oil tho
peace.
| .. Tho constitutional number Of justices
| ot the peace for the Fourteenth aud Fiji
tcenth districts having already filed thcil
bonds aud afterwards taken the oath 81
Office, ] might ON the approval Of thi,
transcend my authority 30 10 ~, ~ Il In
wolves q legal question not Tor me Ia do-
icrminc. but for court OF record.
3 Because the right oi this applicant
30 the Office lac seeks 10 qualify 10, h now
pending for determination IN the circuit
court oi this county. and until this qucs-
tiou IL dcci led by that court, | would not
allow the qualification 10 take place bc.
fore mo, did not entertain the opinion
expressed above.
II. II. SLAUGHTER, Chairman.
September .. 1858.
This leaves the matter open to further
legal proceedings. In the meantime there
arr enough j. rs in town, who's, tito Is
unqucstiuncl, to transact all the law bust
/ nga.s that may pfT.f ifs,lF