Year: 1877

such laws we're written out at the time and
incorporated into the contract and the
courts have belj that there is no differ.
ence between retrospective law decsr.
ing a contract void. aud one that takes
away al lreuedy TO enforce it.


Applying these principles to the cues.
tion propounded, il follows that whilst
the Legislature may abolish the city
charter Of Memphis, il cannot dissnnuI
its contracts nor cascel its debts, nor
can 1t deprive its creditors OF the rene.
dies to which they srs entitled under
their contracts. IL msy change the form
OF the remedy, and may, perhaps, sub.
stituie one less stringent and efficient,
but unless a substantial remedy be left
] 1t is spprthended the act might
be held VOID by the courts. There is, it
is true, a distinction in this respect be.
tween public and private corporations,
as the charter Of the latter is matter
of contract between the corporators and
the State that csnnot be interfered with
by the Legislature, whereas, when
creditor deals with a municipal corpo.
ration, he knows that it is the creature
Of the legislative will, and may therefore
be held to take the risk OF the repeal of
its charter. and the loss of his remedy, as
part Of the law Of bis contract This
is question Of law as to which it is not
necessary that we should express an
opinion; but in the event the act abol-
ishing the charter should be declared
void as to creditors by the courts, the
status quo Of the city would be maio-
tanned, and the municipal officers who
were such at the time of the passage of
the act annulling the charter might be
judicislly determined to be still in Office
and subject to the mandates of the
court as to the levy and collection of
taxes for the purpose Of paying the
debts Of the city. This might probably
be avoided by the resignation of these
efficers at the time OF the passage Of the
act, or as soon as the act was declared
void by the courts, and perhaps by the
phraseology Of the act itself; in whicn
event, under repeated adjudicstions of
the highest Judicial tribunals, the Courts
would be powerless, and the creditor
without any means of enforcing reme
dy, as the courts would have no authori-
ty to compel the election of other
municipal officers, nor to direct its ewA
officers TO perform the duties of the city
officers.


This paralysis 10 judicial proceedings,
whilst it did not extingush the debts of
the city, would at least compel its credi-
tors to pause, and leave them no re.
course but in an appeal to the msgaa-
nimity and sense of justice Of the egs>
laiure.


Were the city charter abolished tie leg.
slature in the exercise of its unrt, strained
power Of taxation, except as limited by
the State constitution, could we presume
by special legislation for the territory
now within the city limits, adopt a plan
OF local taxation sufficient to meet the
expenses incident to such public regula-
tons as might be necessary for the pro-
teotion OF the persons and property of
the Inhabitants, and might, perhaps, if it
chose to do 50, levy special tax upon
such inhabitants, or upon their property
and pursuits, for the purpose OF providing
fund to pay off the indebtedness Of the
city at the time Of the repeal of its
charter.


SO far as the property of the city is
concerned, the doctrine Of reverter"
would doubtless be held to have no an
plicatior. The property held in its own
right and subject now to its debts would
remain 80, aud that held by it
in trust for the public, such
as the public parks, etc., might By the
act abolishing the charter, be placed in
Charge OF trustees to be held and used for
the purposes to which they are now ap.
propriated.


Other questions may arise as to how
far taxes that have been assessed fnd
remain unpaid; property bought ia by
the city at tax sales and held in its name
where the period for redemption has ex-
pired, etc., can be seized upon by the
creditors Of the city in the event of the
dissolution of the muacipality and ap.
piled to the payment of their debts; but
we do not feel it to be part of our duty,
iu'this general and somewhat hasty ex-
preston of opinion, to follow the effects
and consequences of a dissolution into
all Of its details


In conclusion we remark, that whilst
the disorganization of the city by re-
peal of its charter would necessarily IN.
vclYe much confusion, aud be atter,ded
By many unavoidable evils, yet bin
might be framed, ever under the peculiar
provisions of our State constitution, that
would enable the legislature TO
provide such a local government
or such police and other reguIa.
lations ss would preserve order and
afford security 10 the lives and property
of the inhabitants, and it would also be
competent for the Legislature at any time
to revive the charter or to create, subject
to the provisions OF the constitution, a
new and different corporation, including
the whole or any portion of the present
city limits. AS to whether the benefits
resulting from repeal of the charter
would be an equivalent for the evils 10.
eldent thereto, is question upon which
there may well be difference Of opinion.


j. w. CLAPP.


H. Z, ELLETT