The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-10-02


ever, equipped with the certificate OF tho
sheriff as to his election and the commits
sion OF the Governor, based upon that
certificate. This is prima facie case. 1t
is evident to anyone having knowledge OF
the law that this court has no jurisdiction
| to determine the applicants title 10 the
Office OF justice, rs he does not appear rs
contestant. II is equally evident that
this court has no jurisdiction TO determine
| the eligibility of its own members, and the
| right OF any one 10 sit in its body; and for
| this purpose IL demands something more
in an anomalous case like this than a
prima facie right
| Without, therefore, going into discus
sion OF the law and the facts OF thus mat
ter think il should at present be disposed
OF by a reference. ] therefore move that
| the question DO referred TO the attorney
general and county attorney, and that they
be instructed TO report at tomorrow's SEES
sion Of the court.
The motion Of Squire Young was put
and carried, and the cases OF Egnew and
Reichman referred 10 County Attorney
Jordan and Acknowledgement Peters with
instructions TO report today.
Mr.. julie Taylor, on behalf OF Justice
llughey, and Judge J. VI. Green as coun-
sci for Squire Cannon, then addressed tho
court on behalf Of their respective clients.
After the conclusion OF the arguments, aud
by general consent, IL was ordered that
Monday, October 8, be set as tho date for
hearing evidence in the cases Of Cannon
vs.. llughey, and llarrcll Vi Taylor, and
that in the meantime 'Squircs Ilarroll and
Hughoy might vote on all questions in
which they were not directly Interested.
n.
| ilege ON the ground that hc had failed 10
serve notice OF contest on Squire Prescott
as well as on Squire liughoy.
The preliminary skirmish having been
thus satisfactorily disposed OF, the court
settled itself down 10 the regular battle,
for which all, both inside and outside ihj
railing, were hungrily yeaning,
ENGINEER OF rnE COURTHOUSE
was the first slice of pie that was set on
the table, and luscious bit II was, too
| The salary IL $3.50 month. There was
but one name oliercd-that Of Dan O'Don-
nell, the present incumbent he was
nominated bv accamation.
THE JASIToR OF THE COURTHOUSE
was next voted Tho salary is 500
month and there were four gentlemen
willing 10 sacrifice themselves on the altar
of their country for that sum. Their
names are. John Brennan, w. II. Mon
Grief, Il. ID. Hart aud NJ. Jones, coorcd.
Brennan got away with the CONNECTION
cry ON the first ballot, receiving 81 votes,
against for Hart, 2 for Jones, and for
| Moncrci.
TnE NIGHT wATCnMAN.
The salary OF this Office IL hut 500 n
"A.
candidates for the place. Their names are
~ follows A. u. Dickey, A. !. Fcrgu-
| son, Dan Iarkn, Frank Berry A. &.
Roark, H. II. Simmons, James Sneed, q.
J.. johnson and $. G.. Eddins. Il took four
ballots 10 pick out q winner, aud then the
vote stood lioark 20, Ferguson 20, COM
pclling tho chairman 10 decide the tie,
which no did by voting for Roark, giving
him the place.
BARRY's noMnuEIL
Squire John J. Barry, 10 his eternal
credit bo II recorded, then presented the
following resolution;
Bc Il resolved, That no member of this
court shall become n candidate for any Of
the offices 90 be- filled by this court, but
that the different vacancies be- filled by
candidates not magistrates, except coroner.
Squire I. T. Young Ordinarily
should be disposed tn favor such n resp
luton, hut In this case a IN matter Of
conscience with me. m ! have made an
agreement tO the contrary
Squire NJ. v Gnrvin moved 10 Law the
resolution ON the table, saying "l want
to be elected noiiny public 'Sl"i-..
Barry is already notary public.
Squire llolcmnn suggested that that
difficulty could be rmcdicd by excluding
nom iia provisions the chairman Of the
county court, the temporary chairman
and notary puhlics.
Squire Barry III think We could got
good men on the outside OF this court To
ill the various Offices and 10y that means
escape lie criticisms that our offices are
Distribute, ou the ticklo.mo-andl' ll.ticklo-
YOU plnn.'
Squire Oryillc Ncrgcr next took the
iloor. Having recently como from the
body oi the people, Il was expected that
hc would cndcnyor a. reflect their views.
! This be- -ignally failed to do, but followed
In the old rat, taking the position that
CERTAIN oilicH should appropriately hc
filled hy county court members. lie in.
stanccd the poor house, "Who," said hc.
''arc - competent Ia iill the offices oi poor
house visitors nsthC mcmhurs Of thccounty
court. " "Who,' he added, will act with
such dclibcmtion and wisdom ~ member
ol the county cour. ! don't want any
Office mytcli, but favor the policy Of elect
ing these officers from our own ranks"
'Squirc Winters said lac had hrcu mem.
Der oi the county court for eighteen years
and heard no complaint 1T the plan oi iill-
ing offices out OF thor own members. "a
cert with respect 10 nssUfsnrA A county
court mCmbrr, be- urged, was a sworn oili-
Ger. H. as jail Inspector or In some other
capacity, hp acted CDuupily, hc ought 10
be- sent to the pruitCntiury. Tie thought
" q member 1T the county court wanted
an office within iis riIt, hc ought 10 have
10. llcnco. be- was Tor the motion 10 lay
ON the table,
Tho motion to lay ON The table prevailed
by vote II ~ o. :, o. follows
Yeas Thomas. Barrett Jones, York.
Harrison. uiu, Campbell, Adams. Gnryin.
Nvrrf Winters. Walton, blackwell Mul.
lius. Hughes. NplIbUrn. Fletcher. Mellon.
AID. Harold, Reid, Andersen, kimbrough.
Strickland. rluukyt, Fond, Cole, Davis.
| sunderland H'lui=p
Nays Barry, Hylis. Allen. Holman,
| Elliott NUuuE, Powell. Prescott s.
c1r0yru
g. X. Strickland WIS thon placed In
nomination Tor c0wuyr. AMI there being
~ contestant lUr th, place hc Was elected
| by BgrlluaiIuu.
rsUNrH or rur JAM
Tor this uiHcp. which pays slgjn month,
thgW veto iluf candidates Ma Heller