Nashville daily patriot. [volume] (Nashville, Tenn.) 1855-1857, 1856-01-28

and showing that at the session of 1888 the year
before the Convention met, the Public .9ets num-
bered only niaetg-0ne while the Private -9ctS
reached the number of THEE HUNDRED AND FIVE.
The Convention thereupOn, referred the subject
of private and local legislation to committee,
and the result was the report and adoption of the
seventh and eighth sections of article eleven ofthe
constitution.
The committee on private and local legislation.
in their report to the convention after reviewing
the facts stated in the report of the Secretary OF
State, say: iThis expose shows in bold relief the
employment Of the Legislature of Tennessee for
a number Of years back. The committee cannot
come TO any other conclusion than that much OF
the private legislation must have been useless
nay, worse than useless. injurious to the country.
They are of opinion that much of such matter,
might with propriety be placed in the hand OF
the magistrates" And. again: ''The committee
do not know a safer or more judiciOus repository
of such local aud private matters, are Of such
inferior consequence as not to deserve the delIb-
crate action of the Great Council of State"
Mr.. Speaker, what has been the history of
Legislation under these sections of the constitu-
ton? Ia 1856. an act was passed by the Leg
islature, comforting authority on the county
courts, upon proper application, to grant privi-
leges to public ferries. to charter toll bridges. to
charter roads, and to . act on such other private
and local improvements, within their respective
counties as are contemplated by the seventh and
eight sections OF the eleventh article Of the con-
stitution;" thus constituting these provisions Of
the constitution in accordance with the views
entertain. and the construction have given that
| instrument This law followed by oIher
laws at the same session, and at the sessions OF
| 1912. IS49-5O, 1872, and 1854, authorizing
and empowering the incorporation of villages,
towns, and cities; churches, literary societies,
| and colleges; turnpikes, manufacturing, mining,
| mechanical, chemical. MeAdam. and plank road
| Companies. under general laws before officers by
records and by the courts The observation-disclosures
| ed, no doubt by these and other acts, to carry
out in good faith, the provisions of said seventh
and eighth sections Of the constitution, and to
repel all applications for private and local acts,
and relieve the State of the Onerous load imposed
| by this mass Of prohibited legislation.
Now, Mr.. Speaker what was the old iale-the
| mischief and the remedy / treat the cOnsti-
tuition of 1884 as remedial, and apply tie rule OF
| construction accordingly. The old law was the
| Constitution Of 1876, which contained no provt
siOus on the subject Of private and local leglsla
| ton. What. then. were the mscheis-evlls &c
be provided against and remediedy Class legls
lation-the immense mass and number of private
and local laws. What were the remedies pro
| vided} Sections seven and eight Of article eleven
| of the constitution.
BY section seven, all power to pass local Of
private acts is restricted the legislature, excep
the power To grant such charters of corpora
ton as they may deem expedient for the publi'
good" that is public acts OF Incorporation
Where. then, was the power over the private ant
f local affairs lodged? BY section eight, in tn
courts Of justice'-that is the legislature shat
vest in the courts such powers for this purpose
as will be necessary TO effect The objects in view
to prune the body polite, and relieve the legis
ature of all action on private and local matters
Mr.. Speaker, did the members of the Conven
ton Of 1884. understand the evils existing unde
the old constitution. and did they intend to pre-
vIn 81 fayile In these
The call for information by resolution-the See
retarv's report TO. and action Of the convention
would most clearly indicate an affirmative IN
swer, even if we possessed no other knowledg
of the Members or action OF the cOn7entlon.-
! Again. sir did the members of the CONVEX
ton attain the objects desired, and succeed
remedying these evils? | answer, that, if 20
ri give to the constitution the construction | ins
e upon they did; but if you override this COZ
t structiOn, then that they made most sigma
magnificent failure.
E If you assume the ground, however, that II
D Constitution of 1884, only makes the exercise
4 the legislature Of the power to vest in the cOur
p Jurisdiction over private and local affairs discr
5 tionary answer. the legislature had this dlscr
4 tionOry power before the adoption Of the COns'
1 tuition of lS3-this is cleaT-generally admitte
{ and was long aud often claimed and exercised !
all legislative bodies, endowed by the people
{ their sovereign capacity with legislative auth0
stitution of 1896, without being restricted in h
r power by the constitution; and if authorize
/ were necessary 10 sustain this position. our oN
4 courts furnish them. IL has been held by q
r Supreme Court. that under the Constitution
e 1896 the granting acts Of Incorporation not b
t. ing l0ithiH any prohibition OF the Constitute
i of the state remained to be exercised by q
! legislature as one Of its incidental powers, Al
e the legislature under the Constitution of 3
IF could invest courts with the power OF creatiI
&c corporations, or over private aud local aHal
l. generally, as it is as well settled by the couT
N that the creation Of corporation need not
1t the immediate act of the Sovereign or Legisl
it ture but that the legislature can grant gent
m al power to- or vest the right in, courts TO crea
L corpOrations-gWi faeit per alum fact per Sc
/, and the courts to whom the power Of estabils
d ing corporations is delegated may exercise Ia
IF power fully, and they are only the instrumen
e in the hands OF the government for this purpO'
Q under the rules and regulations, forms and pI
Al ceedings settled and defined by the Leglslatu
- If. then. the legislature had this dscretiOna
Re power over private and local legislation. aud {
Il right 90 invest the courts with full powers ov
4 these subjects before the convention OF 10,
n what did the members of the convention acco
d plish BY these provisions in the Constitution
i Absolutely nothing No good whatsoever "
u effected. The members Of the convention IN
D. most solemn manner Te-iRrested the legslatu
m with the rery same p0,0eTs which had produo
le the rery same epiiS which had called them
I gethcr. and which they were then esSaying
E eradicate. 20 remedy. This reasoning does Z
a members Of that convention the greatest inI'
= tiee. because they did succeed IN their ehor
a and did the people aud the State great good
~ Incorporating these provisions in the eonsti'
,r ton II the constitution can be enforced.
,el Mr. Speaker the legislature has Jailed TO m
III igate the evil. +" and has kept up an extensi
oil manufacture of private, local. homemade Tau
IS The State has ceased 60 be a unit In laws, ma
a ners and customs, and 30 be governed throus
N out her borders. on ali subjects Of common int
est. by the same laws general aud uniform
A. their operation The State. from Carter 10 Shell
a has become a Union OF COunties-smail dep'
nj dencies-counties palatiRe, independent OF :
all general laws Of the State, aud amenable only
Of a body Of local laws-c0mposed OF SUSPENSE
,d of general laws-of laws Inconsistent with z
&C. eral laws-ahd grants Of rights. privileges,
al munities. and exemptions for the benefit Of p
~ ticular favored individuals framed TO suit
no wants or whims OF each LATHE SsigH0Tg q
m each CoHaf Of the Paiatiaafs. Sir, impro
ment. progress, are the watehwords Of the Sta
Of The great natural resources OF the State are r
m idly being developed. The country, the villas
he and cities are filed With men Of enterprise a
n Intelligence Of means. spirit and industry. stI
ing 60 place Tennessee In the front rank ainoa
nv the Sisterhood Of States in agriculture, manu-
"a lures, commerce art aad science; yet IA
he branches OF 4 nations greatness. even with