Page:Federal Reporter, 1st Series, Volume 5.djvu/874

 863 FBDEBAL EEPOETEB. �first, after repealing the city's charter and declaring that the population within the territorial limita thereof should be "resolved back into the body of the state," enacts that "ail power of taxation, in any form whatever, heretofore vesfcedin or exercised by the authorities of said (repealed)'municipal- ity * * * is forever withdrawn and reserved to the leg- islature." And in harmony with this declaration, the act creating the taxing district provided that "the necessary taxes for the support of the government therein established (the taxing district) shall be imposed directly by the general as- sembly of the state of Tennessee, and not otherwise. " And, as a further means of putting the taxing district beyond the power of the courts, said act deelared "that ail the officers and agents employed in the administration of said local govern- ment shall be the officers and agents of the state, so far aa ail their officiai acts, touching said government, are con- cerned." �And said act further provides "that the fire-enginea, hose and carriages, horses and wagons, engine-houses, public build- ings, public squares, parks, promenades, wharves, streets, alleys, engineer instruments, and ail other property, real and Personal, hitherto used by said government for the purposes of government," should be transferred to the board of com- missioners of the taxing district, to remain, as heretofore, public property for the public use, and that ail indebtednesa for taxes or otherwise, due to said extinct municipality, should "vest in and become the property of the state, to be disposed of for the settlement of the debts of said municipal- ity, " as should be thereafter provided by law. �These enactments neoessitated an amended and supple- mental bill, which was accordingly filed. Other creditors of the city filed similar bills, seeking the same relief, which were, on motion and by consent of the parties, consolidated, and ordered to be heard together with the suit of Garrett & Sons. After being thus consolidated, the application for the appointment of a receiver came on, to be heard on the twelfth of February, 1 .179, when the aforesaid acts were urged in argument as a fuU and sufficient defence to said motion. ����