Daily tobacco leaf-chronicle. (Clarksville, Tenn.) 1890-1895, 1890-07-11

charges that the defendant has paid
out of said railroad fund to one J. w.
Stephens for damages for laying out
through his land public road by the
County court some $500 or more; to
Mrs. johnson for balance OH the pur-
chase price OF the lot on which the
court house is built over S., 900; that he
has paid to the State of Tennessee
some $1,000, the result of the litigation
between the State and county over the
board of prisoners at the county jail.
In addition to the above, complainant
charges that the defendant has paid
other large sums out of the railroad
fund, and he would file an itemized
statement of same, but he has been
unable to get the various items that
constitute these several payments after
having applied to the defendant to be
permitted to examine his vouchers for
his payments made and was fatty re-
fused. In order that the Court may
better understand, it may be proper to
state that one of the duties imposed on
the defendant by the act creating the
office of County judge is "to keep in
suitable book an account of the re-
ceipts and expenditures of the county,
balancing said account annually, and
to superintend the finances of the
county" And by Sec. 4S3 of the Code
(Milliken Il Vertrees) she shall report
in writing to the County court semi
annually all moneys received and paid
out, and complete statement of the
financial condition of the county, and
he shall settle his accounts once a
year"
Complainant charges that in making
his settlements with the County court
that his vouchers for the payments he
has made are necessarily a part of
same and ought to accompany his re-
ports, but instead of filing them he
keeps them hid away from the taxpay-
ers Of the county. Complainant
charges that if the railroad fund had
all been applied to the payment of the
debt contracted by said subscription as
required by law, that every dollar of it
would have been paid; but as he is in
formed and believes, there is out
standing and unpaid over 100000
Wherefore, complainant as a tax
payer of said county, brings this suit
in behalf of himself and all the other
taxpayers of Montgomery county, and
asks that the said Tyler be made defend
ant hereto and be served with the usual
process to bring him into court; that
he answer this bill, but not on oath,
that being waived that he set forth
in his answer an itemized statement
of all sums that he has paid out of the
railroad fund other than upon the
bonded debt contracted by the county
in payment of said railroad subscrip-
ton that be be eDjoined from paying
himself any sum out of the railroad
fund, or from any source other than
the $4,000 salary as prescribed by the
act of July 6, 1870, and the act amend
atory thereof; that he be especially
eDjoined from paying himself any
amount by virtue of the resolution
passed by the Quarterly Court at its
October term, 1886, a copy of which is
set out in the bill and that he be en-
oined from paying out of the taxes
collected for railroad purposes except
the bonds issued to said Railroad COM
pany, or those funded in place thereof,
and the coupons thereon as they may
mature. And for general special re.
lief. This first application for an in
junction in this cause.
TIIOs l.. YANCEY,
III. N. LEIGH,