Nashville daily patriot. [volume] (Nashville, Tenn.) 1855-1857, 1856-01-28
Local Legislation.
SPEECH OF
Hon. HERvEY BROWN, of Madison,

Mr. SPEAKER II have on different occasions
during the present session OF the Legislator :
incidentally referred to the subject OF private
and local affairs and the consttutionality and
propriety Of legislating on these subjects
have not introduced into the House any private
or local bill: and t has been my general rule
not to support any such bill. My course in rela-
ton to this class of legislation, has caused some
of my friends to think me illiberal towards their
private measures which were, as they thought,
so unobectionable, and at the same time, so
important to their constituents. have, however,
acted upon reasons stronger, and obligations
higher, than mere personal friendships con-
viction of duty to my constituents the cOnstitu-
ton and the State The construction give to
the constitution which is the basis of my action,
precludes any other course than opposition to
these bills. These are the reasons which induce
me to address the house at this time.
The bill now under discussion does not raise
all the questions wish to discuss, but with the
leave of the House, l will embrace, in the re-
marks | shall make, the subject of private and
local fegiSIdtion-the p0UceT, duty and policy
of the Legislature as to class private and local
legislation which includes the question under
discussion.
The tvO first propositions, the pOtoer and duty
of the Legislature to private and local affairs,
are presented in the seventh and eighth sections
of the eleventh article of the constitution. 1t
NAV be regarded as arrogance, now to moot
these questions, after so long an acquiescence in,
the action under, that instrument All admit,
however, that this class of legislation has be-
come an alarming evil and in searching for a
remedy for that evil, is it too late to inquire
whether our predecessors were right or wrong in
their construction Of or action under, the cOnsti-
tuition? | think not, and shall proceed to discuss
these questions, even at the hazard Of provoking
the charge of temerity.
Has the Legislature, Mr.. Speaker the power
to pass any private or local laws? 1 answer no.
These classes of legislation are within the pro
hibitions, restrictions of the constitution, and
cannot be exercised directly by the Legislature
The seventh section provides that The Leg
islature shall have no power to suspend any
general law for the benefit of any particular indi
vdGal nor to pass any law for the benefit Of
individuals, inconsistent with the general law:
of the land nor to pass any law granting to any
individual or individuals, rights, privileges i'm
munities or exemptions other than such as may
be. by the same law. extended to any member
of the community who may be able to bring him
self within the provisions of such law PrOvi
ded, always, the Legislature shall have power
to grant such charters of corporation as they
may deem expedient for the public gOodn
This section negatives the power of the Legis
lature to pass any private or local law all thes
classes of legislation are within its restrictions
The subject matter and wording of this.section
furnish, as | think, the means of an easy under
standing and a clear construction of its prOvis
IONS will, however, give the following as al
explanatory reading of that section which vii
tend to clear it of any doubt to its purport o
meanings The legislature cannot suspend an!
general law for the benefit of any particula
individual. If a law is suspended, it must be 70
/ the benefit or advantage of every citizen, ant
| for every part of the State. The laws are to b.
/ general and uniform rules for the regulation 0
the actions of the citizens and these rules are t.
/ embrace and be applicable TO each and all tn
! citizens. under the same circumstances, at al
times and in all places throughout the Stat
! alike and there are to be no exceptions 10
! individual benefit, inconsistent with the genera
| rules No legal power of exclusive ownership
possession, or enjoyment, is to be granted. n
| particular or peculiar benefit or advantage is T.
! be conferred on person or company, beyond tn
common advantage enjoyed by, or permitted &c
any and all others No person is to be exempte
| from any obligation. charge, duty or tax, impo'
ed upon any other citizen. And no person is
be freed from any service, burden or requisitiOr
J to which Others are subject This is the reading
construction, philolOgy of the words used in tina
section. BY Legislative action, all persons, CON
! panies. counties and districts. must stand upo
| the basis of equality, and be subject to the sam
1 general rules This aecords with the spirit {
our institutions. All private and local legislG
ton is within these prohibitions No case of hi
character can be suggested, that will not ia
within the letter and spirit of this section-it
wording is clear, unambiguOus and explicit; an
the only power reserved to the legislature
under the Provso, To grant such charters
corporation as they may deem eXpedient for Ii
public good" That is, public corporations sue
as are created for public purposes-public goO
not for private advantage and emOlument. whel
"the property and sole object of every sue
corporation are essentially private, and fro
them the individuals, composing the compan
corporate are to derive profit " and advantag
alone. and where the public good, if any, is onl
incidental. Is the public good, then, the pril
cpal or incident of this power reserved to Il
Legislature? The public good is the principa
and individual benefit is the incident. 70
build a costly resdence-it is for your own pr
vate comfort and advantage-for private good
vet, incidentally, the public derive an advantag
from its erection, in the improvement Of ii
country and the increase of wealth the hous
however. was not erected for the public good
Just so. with regard to these laws; they may
Incidental to- but not for the public good an
are among the prohibitions of the cOnstitutio
The power, then, of legslating upon priva
and local matters, is not only not granted TO Il
Legislature but is expressly prohibited an
that too very properly, for :" there is nothing /
which the best interests Of the community ms
be so soon and so severely aud so impereeptib
destroyed, as 10y favortcsm in legislation -
granting powers anu UauCuises 10 one IN Nnls
al may not participate.
Where. then, Mr.. Speaker, is the power ov
private and local affairs lOdgedl | answer, Il
eighth section of the same article of the cons
tuition, provides that " The Legislature sha
have the right TO vest such powers in the eouT
of Justice, with regard to private and local {
airs. as may he deemed expedient" Here {
question is settled. The Legislature Is cloth
; with the right TO vest all these powers in &
courts Of justice; aud by the eighth section il
made the duty of the Legislature to exercise tn
right-tO execute the power, and provide ;
proper enactments for the vestiture Of such po
er in the courts. And If private and local affal
are acted upon at all legally, il must be by {
courts, aud the Legislature mast, in respect
the requirements of the constitution, and sOieH
obligations to IL, invest the courts with all Il
necessary and proper power over these subject
within the scope Of these provisions-and {
courts must act under these delegated powel
otherwise all rights, privileges, immunities
exemptions, with regard TO local or private
fairs, granted. are unconstitutional aad vol
aud should be so declared, by the courts OF Z
State.
Now. Sir. the power of legislation is not to
delegated 20 the courts. The courts will a
judicially and ministerially; ani their pOws
should be specified, bounded aud limited Ia {
act Of yestiture. All the rules and regulation
forms and proceedings, should be clearly deha
and fixed, governing applications for grants
franchises, and the courts should hear pro
when necessary TO determine whether the app