Page:Federal Reporter, 1st Series, Volume 5.djvu/876

 864 FEDERAL REPORTER, �said last two eiaactments under review. At this juncture, May, 1879, 1 requested the presence of Mr. Justice Swayne. He came, and advised a certification of the several questions made in the case to the supreme court, and left the district judge and myself to carry out his suggestions. My own views had been previously distinctly announced in a written opinion filed, disposing of an interlocutory motion, and copied into the transcript sent to the supreme court, to be fonnd on pages 301 and 302. �I said : "AU this court claims to do is to collect the assets of the late city of Memphis, including taxes regularly levied and not paid, and apply the same to the payment of the com- plainants and such other creditors as may hereafter make themselves parties to this (cause, and show themselves entitled to share in the distribution of said fund." And, in harmony with this explicit declaration, "the public highways of the city, the public squares, the public landings and wharves, the engine-houses, the fire-engines, and the horses belonging to the fire department, the hose, the hose carriages, and the other property and appurtenances of said department, the hospital and property and appurtenances belonging thereto or used in connection therewith, the horses, wagons, tools, and iraplements and other property used in connection with and necessary to the engineer's department, the property used in connection with the police department of the city, and the taxes heretofore levied for the support of the public schools of the city," were exempt from the operation of the decree appointing the receiver. But as the parties desired to present, in one appeal, ail the questions that could possibly arise in the case, they were permitted to incorporate them in the certificate of division ; and, thus prepared, it was signed ■pro forma, I declaring from the bench that the decree, in my judgment, went further than the previous adjudication war- ranted, but that for the purpose of presenting ail the ques- tions I would yield to the wishes of the parties, and certify them, to the intent that the judgment of the supreme court might be had thereon. And thereupon the case was, in pur- suance of the understanding of the parties, appealed to the ����