The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-07-24
JONES INJUNCTION STILL
in CHAMLEE'S OFFICE
ATTORNEY GENERAL TO
TAKE NO ACTION NOW.
Will Not Sign Bill Unless Con-
WINGED Will Be Sustained :
in Court,

Atty. Gen. George w. Chamlee, who
was late Wednesday afternoon
handed an Injunction seeking to pre-
vent r. l.. Jones from taking his seat
rs city superintendent of education,
stated Thursday morning that he had
only read the bill and had not studied
it carefully.
He said that he would be busy
throughout the week In the criminal
court and would probably not have
time to study the petition thoroughly
until the middle or last of next week.
Gen. Chamlee intimated that he
would under no circumstances, sign
such bill unless he had first studied
1t and had assured himself in his own
mind that 1t was legally correct and
could be sustained In the courts. The
Dill seeks to prevent the new super
intendent from taking his seat on ac-
count OF his being a nonresident Of
the county and not voter here at
the time he was elected to the posi-
ton of superintendent of city schools.
Supporters of the bill assert that this
is necessary under the city charter.
Prof. c. III. Winder turned over, his
office to Prof. Jones Thursday morn
Ing. He stated that he knew nothing
of the injunction proceedings brought
against Supt. Jones until he had seen
1t in a local paper and denied any
connection with it whatsoever.
Bill in Full.
The fun text OF the bill follows:
ITO Hon. w. B. Garvin, Chancellor
Holding the Chancery Court at Chat
tanooga. for Hamilton County. Ten
State of Tennessee, on relation OF
Champe s. Andrews, Mrs. Mary Giles
Howard, George Kilian, Mrs. Herman
Ferger. w. A. Weaver, J. l.. Ryan,
Frank Steiner. g. G. Fletcher and o.
K. LeBron, residents OF Hamilton coun-
ty, Tennessee, and the city Of Chatta-
Jones. resident of Rutherford county,
Tennessee. and Fred B. Frazier. a resi-
dent of Hamilton county. Tennessee.
The complaint of the state of Ten
nessee, which sues by 9. w. Chamlee.
attorney general: on the relation of
Howard. George Kilian. Mrs. Herman
Ferger. w: A. Weaver. ]. L. Ryan.
Frank Steiner, G. G.. Fletcher and o.
X. LeBron, residents and taxpayers OF
Hamilton county. Tennessee, ana the
city OF Chattanooga. respectfully shows
to the court:
THAT on July 49,. 1919. the defendant,
R. L. Jones, applied to and was elected
by the board of commissioners of the
city OF Chattanooga, Tenn. to the Office
OF superintendent OF schools of said
viding that his election was for a period
of four years at a salary of flve thou
sand dollars $4,000 per year, and the
defendant, r. l.. Jones. will, unless re-
strained by your honor's writ of injunc-
ton, acting under the color OF said cleo
tim m lie nhar0a nf aaf an ~
coed to administer the same and to
draw from the treasury of the city Of
Chattanooga said salary Of $4,000 per
year.
Complainant further shows that de-
PENDANT, Fred B. Frazier, is a member
of the board of commissioners of the
city OF Chattanooga, Tenn, and had
been by said commission before said
date OF July Is, assigned to the depart
ment Of education and health and has
been, and Is, dscharging the duties OF
said office. Said defendant Frazier
nominated and secured the election of
said defendant, r. L. Jones. and will
induct him into the said Office of super
intendent of city schools, draw vouch-
ers on the city treasury and pay him
his salary as such officer unless re-
strained by your honor's writ OF In
junction.
Complainant would now show that
the charter OF the city OF CHATTANOOGA,
Tenn, in force at the time of the said
among other things. provides:
That no person not being a legally
qualified voter under the charter OF the
city Of Chattanooga shall be eligible
to hold any position whatsoever in the
city government, either by election or
appointment; provided further. That no
one shall be eligible to hold any Office
In the city government, by appointment
or election, either salaried or otherwise,
who is at the time or thereafter hold
ing any other salaried Office as princi-
pal. either state. county or federal.
notary public or Justice Of the peace,
and commissioners OF registration alone
Provided further, That no
officer or salaried employee OF any quasi
public corporation having a contract
with the city OF Chattanooga, by the
exercise Of franchise grants. or other
wise, shall be eligible to hold any office
in the city government OF
by appointment or cleo
ton; Provided further. That the office
Of any person who is rendered ineligible
by the terms OF this section shall be,
and is. hereby, declared vacated by such
person, and the vacancy shall be filled
as hereinbefore provided in cases of
OF city Offices arising from
other causes
Complainant charges that defendant
r. l.. Jones, at the time Of his election |
to said office OF superintendent OF city |
schools, was not a legally qualified |
voter under the charter OF the city Of
and that he Is not now a |
legally qualified voter or resident OF |
the said city of Chattanooga, or of the |
Of Hamilton, but was ut that |
time and still is a resident and citizen |
Of Rutherford county, Tennessee. and |
therefore ineligible to hold the office |
Of superintendent of city schools and |
his election thereto is void.
complainant further charges that on |
said date OF July !. nj the time OF his !
election to tho said office OF superin-