The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-03-06
TAX RATE
BOOST UPHELD BY
PERES' DECISION
Chancellor Decides Friendly
Suit by Denying Injunction
Asked to Restrain Commits
sion From Increasing Rate.

Holding that the city commission OF
Memphis has right to appropriate Tor
the use OF the board Of education
sum IN excess Of 30 cents mentioned In
the legislative acts, Chancellor Israel
Peres SATURDAY denied writ for ali
injunction restraining the city commits
sion from passing upon third and ttual
reading an ordinance which fixes the
proportion Of the total city taA for
school purposes at 60 cents upon each
500 OF assessed valuation, An appeal
to the court OF civil appeals will be ia
ken Immediately and request made Tor
a special hearing, The case will then
be taken TO the supreme court Of tn"
state for final determination.
The sense Of Chancellor Peres' ruling
Is that the mayor and commissioners
can not apportion less than 50 cents
on each 500 of assessed valuation but
that an amount above that figure mas
Wded the total city tax rate Is kept
within the maximum rate Of S2.25. as
fixed by the Legislature,
w, T., Metcau, representing the spe-
cial Chamber Of Commerce committee
appointed by the educational committee
" that bouy presented the negative ar
gument 10 Chancellor Peres, the case
having been submitted upon an agreed
state Of facts.
Cites Authority,
on behalf OF the city, Walter =. ARM
strong and Phil ii. Canale cited nu-
merous authorities IN rendering his
decision denying the Injunction Chan
cellor Psres stated to Mr.. Metcalf that
in the beginning he had felt that the
city was without the legal authority to
allot more than the stipulated 90 cents
but that the authorities cited by attor
neys representing the city had changed
hat lat, s4A ~. FaIt hot h.. tp
tent. Of the law was that so cents
should be the minimum with discretion
AIRY power to increase the amount II
the total tax rate was kept within the
1925 limit fixed definitely by the legis-
lature.
The suit is what lawyers term a
friendly suit" and has as its purpose
a test OF the legality Of an ordinance
which has passed second reading be-
fore the city commission. This ordi-
nance fixes the amount Of money 70
be given TO the board Of education un-
der the 1920 city tax levy at co cents
rather than the so cents HERETOFORE al
lotted the board Of educatian and which
Ia admittedly inadequate 10 permit the
| board Of education to increase salaries
| OF teachers In the public schools.
| The courtroom OF the second division
1 of the chancery court was well fillet
/ thfoughout the hearing OF the case
l teacnerS IN the pubic SCHOOLS belng IN
! terestsd spectators, Mayor Paine wa
also in the courtroom throughout TIL
| hearing.
| Attorneys interested In the case cx,
| press the opinion that the higher courts
| will grant special hearings of this cas-,
| and that final decision can be secureG
| within a comparatively short time
| Appreciate and secessary inereasel
| In the salaries paid to the public schoo
| teachers ~ Mpmuhia hinge t1ppn ia,
| final decision in this frlendlv suit an,
while members Of the committee bring
| ing the suit are anxious to have tn
city's action affirmed the decision o
the supreme court is necessary befor
final action can be taken.