Daily tobacco leaf-chronicle. (Clarksville, Tenn.) 1890-1895, 1890-07-11
Bill Filed by n. @. Merritt to Dis
cover the Condition of
Go. Finatices.
Judge McAllister Grants an Injunction
Against Judge Tyler's Paying Any
thing from the Railroad Fund
But For the Railroad Debt.

Inc his books and vouchers, ana being
refused, has filed the following bill in
Chancery court, with Judge McAllis-
ter's injunction
To the Chancellor presiding at Oarks-
ViHe, Tenn:
II. G. Merritt, citizen of Montgom-
cry county, Tennessee, against Chas.
w. Tyler. who is also a citizen OF
said County and State.
In 1867 Montgomery county, un-
der the authority given by an act of
the Legislature of the State of Ten
nessee, subscribed $25O,OOO to the CAPT
tai stock of the Memphis, GAINESVILLE
& Louisville Railroad Company, and
in order to pay said subscription, is
sued its bonds to said Railroad Com
pany, payable in thirty years. The
interest upon these bonds was paid by
levying tax upon the property of the
citizens from year to year, called the
Railroad Tax. This tax could not
have been legally applied to any other
purpose than the debt contracted by
the county In making said subscrip-
ton, it being a special tax legalized,
levied and collected for that special
purpose. So jealOusly has the State
guarded and protected this Railroad
Tax and the stock subscribed by the
County from being applied to any
other purpose, that in passing an act
authorizing the county to sell said
stock it was expressly provided
that the proceeds of such sale should
be applied TO no other purpose than
the payment of the debt contracted
by said subscription. And again, the
bonds issued to said Railroad Company
not having all been paid by maturity,
an act was passed in 1885 authorizing
the county to fund the bonds not
paid, and inssaid Reminding Act it is
expressly provided that the proceeds
of the bonds so issued be applied to
the payment of the old bonds, land to
lO otueT purpose.
The railroad fund belonging to the
county derived from all sources,
whether from the annual levies, the
sale of the county's stock In said rail-
road, or from the sale of the bonds
funded, amounting in the aggregate to
some six or seven hundred thousand
dollars, was placed in the hands of the
defendant to be Ivy him discussed and
applied to its legitimate purpose, but
instead of doing so he has, as COM
plainant charges, misappled and mis-
large sums. The defend
ant is the judge of the County and
Criminal court of Montgomery coun-
ty, Tennessee, and is by virtue of his
office the financial agent of the coun-
ty, and as such agent it is his duty to
receive and disburse the said Railroad
Fund
Complainant has endeavored to
learn the amount of the misapprOpri-
alton that has been made, and to that
end he requested the defendant to be
allowed to examine his vouchers
showing in what way and for what |
purpose this Railroad fund has been |
but the defendant refused |
his request. Among other misappro-
priations of said fund, complainant |
charges that he has appropriated to
large sums, claiming that he |
was entitled thereto by virtue of res.
Olution passed by the Quarterly court
Of Montgomery county on the 4th of
October in 1856, which is in these
words: "Resolved by the County
court that the compensation of the
County Judge as financial agent be
liked as heretofore, at three per cent.
commission on the Railroad fund.-"
md by resolutions of q similar import
passed prior to that. There is no law
authorizing such an appropriation by
he Quarterly court, nor the Judge |
Icting as financial agent of the coun-
Y, but on the contrary such action is
N open violation of the constitution
If the State, which provides for the
payment of its Judges as follows:
Art. 6, Sec. 1.-THE Judges of the
supreme and inferior courts shall re-
GIVE compensation for their services
o be ascertained by law, which shall
lot be increased nor diminished dur
ng the time for which they are
lected. They shall not be allowed
ny fees or perquisites of Office, nor
Iold any office of trust or profit under
he State or United States"
The Office of County and Criminal
Judge of Montgomery county was ere 1
ted by an act of the legislature passed {
uly 9th, 1870, and the salary of the
flee was fixed by the 18th Section of [
he said Act, which is as follows
The salary of the said County and
judge shall be the same as
ne Circuit judges and the Chancellors
f the State, to be paid out of the
'easury of said county" This act was !
forwards amended so as to provide
nat 81 500 of the County and Criminal
Idges' salary should be paid by the =
tate. Under general act of the leg.
lature the salaries of the Circuit :
ldges and Chancellors is fixed at s., 500 :,
er annun.
Complainant charges that defendant
as regularly received his salary of
;, 500 per aunum ever since he has Il