Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-12-04
HOUSE OF REPRESENTATIVES,.
WEDNESDAY, Dec. ,, 1857.
EVENING SESSION.

senate ADJOURNED until a. N. tomorrow.
HOUSE OF REPRESENTATIVES,.
WEDNESDAY, Dec. ,, 1857.
EVENING SESSION.
THE coDE-cHAIRMAN OF TIE COUNTY COURT
At two o'clock, the special order to-wit: the third
and last reading Of the second title Of the Senate
bill 1857 revise the Statutes &c. was resumed by
the House-tbe question being on the adoption Of
Mr. Folks amendment to strike out that portion of
the 4th section of the 4h article of this tle which
proposes 70 make the President Of the county court
the Financial Agent Of the county
On motion by Mr. RICHARDSON, 8 call of the
House was ordered, proceeded, and was dispensed
with upon the ascertainmert of quorum pres
emit
Mr. THOMPSON saw no objection to the provi-
sion in the Code, creating this agency, and hoped
would not be stricken out.
Mr. NEWMAN regarded it as merely re-adoption
Of the county judge law.
Mr. BICKNELL was with his constituent in their
view TO the county judge law, and he could see
no objection to this provision Of the Code. It
tanned none of the Objectionable features of that
law. 1t could not revive the repealed law. 1t re-
quired independent Statute 70 do that. He
showed this at length. If this provision is to be
stricken out let know what is to be submitted in
its place.
Mr. NEWMAN. 1t would come under the head Of
the provision for the county court.
Mr. BICKNELL. But here is district arrange
ment by the reyisers, proposed be rejected by the
House. he supported it as wholesome and eeono-
mical provision, from sundry considerations.
Mr. POLK bad made this motion because the SEQ
ton was re-enacting the Office Of county judge
There were nine particular, functions which we're
identically the same in bOth the county judge and
the chairman of the county court, and he proceed
ed at length 10 extend the parallel between these
two officers it proposed to constitute the lat
ter, and to reply to the speech of Mr. BullOch, on
Monday, and the remarks just submitted by MIR
Mickey.
Mr. BULLOCK replied, showing the distinction
between the county judge and the chairman of the
county COURT The judge could hold the monthly
court alOne-the chairman could not The judge
could hear causes in partition, and could make dis
trlbutiOns Of property-the chairman could not
The judge had authority grant letters of admin
tratiOn, and he had authority to make probate, of
wills. Here five points of difference, and there
were others.
Mr. GOLLADAY. Did not the people object to
the county judge law, because it created ne Office
with too much salary?
Mr. BULLOCK admitted it, and rehearssd the ar
gument heretofore reported.
Mr. GOLLADAY. The common sentiVlent Of his
constituents was, that the county judge law should
be repealed. They said give Us the old law He
desired TO give an intelligent vote. H saw no ne
cessity for this financial agency; and, because the
salary was left open, it would lead 70 corruption
and intrigue for compensation. His people wanted
the old law. They wanted no expenditure Of wit
here TO get better one. He had voted for the re-
peal of the county judge Law, and he should not
vote for any proposition that acked of its resto-
ration.
Mr. POLK asked if the Code did not provide for
the appointment of commissioners TO settle with the
trustee. He alleged that it did and read the pro-
vision where the old law for the appointment of
commissioners TO settle with the trustee was retain
ed, perhaps in its original wording
MIR WHITE Of Knox, wanted to know specifically
what the objection was TO this provision of the
Code proposed to be stricken out
M GOLLADAY There were eight points of cor
respondence between the county judge and the
chairman of the county court. But the most seri-
Gus objection was that it created new Office with
an open salary.
Mr. WHITE Of Knox. There was a strange in
consistency in this opposition to the provision of
the Code. The objection TO the county Judge Law
was made by The justices Of the peace They objected
10 The judge, because he detraced from their official
dignity, and his presence was reflection upon their
competency to select a chairman. But here they
are 10 elect their chairman, and to award his nav
were gentlemen afraid to repose such confidence in
their worshipiul county courts? He was not moi
WlIhstandlng the position which he was known to
occupy toward their honors. He proceeded to read
from the Code the several functions proposed to be
exercised by the chairman Of the county court and
20 scan objections in detail He did not want gen
butte ind objection to the specific functions propos-
ed TO be conferred upon the chairman of the county
court 1t was true, that under the old law commits
sloners were appointed TO settle with the trus-
tees, but he need not terepresentaves here of the
loose manner in which those settlements were pener-
ally made BE alleged that there was no suhicienr
provision In the old law to guard and protect the
public interest in this respect
Mr. NEWBERN explained, that he was not COM
mltted either by instruction OF act of his own BuE
he had voted against the Office of county Judge
lie had, on this proposition, as on most others Ia
rely upon the dictates of his own Judgment He
believed this provision to be right that the busi-
ness OF the county court and of the county would
work better under it, and therefore when the time
should come he would vote for it.
Mr. NEWMAN demanded the previous question on
the amendment Of Mr. POLK; and the demand was
sustained.
Mr. COOPER made the point of order, that the
effect Of the previous question, if seconded would
be to cut off the amendment.
The SPEAKER sustained the point.
And then, after debate on the point of order, the
main question, TO wit: Shall the second part OF the
code pass the third reading was taken by yeas and
nays, resuting-yeas 30, nays 3D. as follows:
ledS-Messrs. Anderson, Bate, Beale Benton
Bentley bicknell, Brazelton, BullOch, Caldwell Car
ter OF H., Cooper, Dave, Dodson Dunlap, Estes, Ew-
ing, Helmes, lue, Kendrick, King, Low Nancy,
Msrls, NeWbern, Richardson, RoWles Schmittou
Smart, Stanton, Stovall, Turner of Sumner, wiz
hams, Wilson, White of Hamilton, White of Knox.
and Speaker Donelson-36.
Ndys-Messrs. Algee, Bsyless, Blackburn. Brad
ford, Carter Of Carter, Copeland, Dobson Frazer.
Fulton, Cannon, Golladay, Griffith Hamilton, John
son, heeney, Lackey, Lamb, Mickey, Newman
Polk, Randolph, Rawlston, Renshaw, Roberts, Rose
st John, Saunders, Savage, Senter, Summers, Tay-
lor, and Wood-32.
So the second part of the Senate bill 1867 was
passed the third and last reading in the House of
Representatives.
Mr. STOVALL entered his motion to reconsider
the vote just taken.
Mr. BULLOCK moved TO take up and consider the
motion now; and 1t was agreed to and then upon
the question: viii the House reconsider?
Mr. ST JOHN said he was opposed to that provision
Of the bill authorizing the Agricultural Bureau to
grant charters TO County Agricultural Societies;
and for this reason he desired the House to recon
slider.
The House then divided-sfirmative %. negative
81 so, the vote was not reconsidered
On motion by Mr. COOPER the House took up the
consideration OF Senate amendments to bills of the
House Of Representatives
The bill (25) for the benefit of H. X Walker and
others-Senate amendment is to the amendment of
House, reducing the allowance to R. P. Cheatham,
for services In the organization of the House of Rep
resentatives, from 500 to Sl8
Mr. COOPER moved that the House adhere to its
amendment
Mr. STOVALL. Was it the Senate's business to
dictate to the House asto the payment of its Clerks?
Hereupon explanations and debate were enter
tanned by the Speaker, resulting in nothing further
than that Mr. Cheatham, for the first three or four
weeks Of the session was constantly recognized by
the Speaker and members in the discharge of eff
cient clerical duties, Tor days. of which time he
charges tue regular per diem of a legislative Clerk
So per day-the amount allowed by the Claims
Committee.
The House then adjourned till tomorrow morning
nine o'clock.
SENATE.
THURSDAY, Dec 8, 1857.