Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-12-10
nrLlra-parv1ous auzsrlos.

question.
Mr. DAVIDSON demanded the yeas and nays,
and they were ordered.
RuL1xe-PREv1oUs QUESTION.
The SPEAKER The Chair has heretofore de-
cided, that when the previous question is not
tanned it is evidence that the House is not ready for
the main question, and carries the subject over 10
another day. | have examined the authorities
bearing on this question, and find some in. favor
of that course, and others in favor of proceeding
Immediately 20 further action upon the proposition
and amendments l am inclined % think that the
proper course, flor the purpose of expeding busi-
ness, would be to take immediate action on the
proposition or amendment pending, or other
amendment that might be offered; and if the
House sustain me, such viii be the ruling Of the
Chair hereafter.
Mr. KING proposed to amend Mr.. Davidson's
amendment, by adding in the second clause, after
the word "circuit," the words, ''or criminal"
Mr. DAVIDSON accepted the modification.
Mr. NEWMAN said. Mr. Speaker, no new argu-
ment can be used in regard to the sale Of liquors
all arguments having long since been exhausted,
and nothing now can be offered on this expensive
question. l. sir, merely desire to state my position
on the bill now before the House, being warmly in
favor of restoration of the tipping law Of 1886,
repealed by the last session of the Legislature.
then, SIR voted against its repeal and in the early
part of this session. introduced bill in this House,
aiming precisely at the same object, intended by
the bill now under consideration. Having, sir, as
you are aware, opposed the establishment of this
Infamous, ubiquitous, chicken stealing, law break
ing, drunksrd- making negro loving, quart law:
and, believing now, sir, AS heretofore, that the
tppling law was best for the Siate-counties, cor
porations, sand people, inasmuch as it pr .tected
the people from fraud and rascsty, and above all,
from the evil effects Of srychnine, tobacco juice,
and buckeye, shall vote Tor it. believe it win
increase the revenues, and that by it people
will be relieved from portion Of their taxes the
common school fund will be largely increased, and
the State will be generally benefited by the in
creased health and sobriety of the people.
Mr.. DAVIDSON. If it were not for my desire
to make change in the oath prescribed in the law
of 1886, should not insist on applying my propo-
sition amendment to this bill. but would con-
lent myself with calling il up separate measure.
But think if we legslate at all upon this tipping
law, this ought to be part Of our work. What HI
been the great objection this tippling law Has
it been TO the quantity sold? No, sir. To the men
who sell? Not at all. But the great objection has
been tipplng houses because there has been more
blood shed, and more breaches Of the peace about
them than in all other places. 1t is the law now,
that they shall return men for gambling about their
groceries, and it is my proposition to make them
take an cath TO do the same thing for every man
about them who shall break the peace.
Mr. KENDRICK. Is it not the duty Of the groce-
ykeeper to return such persons, under the present
law?
Mr. DAVIDSON. 1t is; but I want to put it into
his oath TO do introduce this for the purpose
of guarding the peace and good order of society.
The gentleman from Franklin says, the keeper
will have to return nea~lv every that comes into
his grocery. If that : 20, it is only go much the
more necessary for the amendment to 60 in.
Mr.. RAULST0N. Would it not force the keeper
into the circuit court with small oense cases. which
should be heard before magistrate?
Mr. DAV D son. That is precisely what want
to do by the second clause of my amendment; sndI
not certain but the State would have been better
off without that statute which we call the Small
0fense law.
Mr. RANDOLPH opposed the amendment. The
word premises" was of undetermined meaning.
Mr. DAVIDSON. The oath to return gamblers has
the same word.
Mr. RANDOLPH. That may be So but l am op-
posed to the employment of doubtful terms in legis
lation. The Supreme Court says the word means
'vicinity"-thst is, "neighborhood ;" and if you
require man to take oath give information Of
every man who shall break the peace on his prem
ses, it will leave the thing vague, that but few
men will be able TO decide how Ear he must go in
order to comply with the law. For example: if he
live in atoWndoes the term apply to the lot does
it extend into the middle Of the street? contend
that the amendment is indefinite that the grocer
who might take the oath, would not half the time,
ing with the law
Mr BLACKBURN objected to the second clause of
the amendment.
Mr. KENDRICK also objected to the second clause.
Its construction might admit of a class of offenses
between the magistrates aud the Circuit Courts
which would thereby escape the penal
ties of the law. He agreed with the gentleman from
Cooke as to the want of fixed and certain legal
meaning of the word premises" There had been
decisions in regard TO that word.
MIR DAVIDSON. Would there be any more diff
Guilty here than there is in the meaning of the word
where it occurs in the grocers oath return gam
blers for gaming on his premises!
Mr. KENDRICK. l would be in favor of remov-
ing that from the statute for the same reason.
Mr. DAVIDSON. l ask leave TO withdraw the
second clause of ny amendment.
Mr. KENDRICK spoke more length against any
amendment TO the bill
Mr. BULLOCK hoped the gentleman from Lincoln |
would not Withdraw that clause. 1t was a good |
provision. The phrase exclusive jurisdiction"
would not prevent Informations befor the magistrate
It had respect only to the punishment.
Mr. VAUGHN called for division of the question |
IN the amendment.
Mr. BULLOCK showed how this provision would |
operate, prevent that too fraud upon the |
aw, which effected by the friends of the off eRder
getting him before justice Of the peace for hear
ng and trial, with small COSTS. Many an injurious |
nan had deliberately made up his mind to pay his /
wo dollars and half, in this way for the sake Of
fight The amendment is good one, and its
trends ought TO stand by it. l say TO them, ICON
inued Mr.. b. that those gentlemen who desire to
lass this bill without amendment, and are pledgng
themselves to vote for amendments, as separate
'rOpositiOns-I say to the friends of these amend
nents that if We let this bill slide out of the House,
We shall not get cOrpOrals guard for any separate
When we shall come to test our sepa-
ate propositions on their merits, we shall not
Jet votes enough to bear them out of the House.
'ut the private Argument is, that cannot expect
he amendments to be passed through the Senate.
Veil, if the Senate cannot do what is right and
easonable, let the thing fail.
Mr. VAUGHN objected to the second clause Of the
mendment. He would ask how can we keep good
rider in towns without the Recorders Court
lie would ask the gentleman from Lincoln and the
entlemsn from Madison, whether it would not have
be effect to exclude this class of informatons from
ur Recorders Court?
Mr. DAVIDSON. My own opinion is, that it would
xclude such from the jurisdiction of the Re-
orders Court and therefore would Withdraw it.
ABSENCE.
Mr NEWMAN asked and obtained leave of alb