Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-10-26

This case was transferred from the Gibson Chan
Gerry Court before dny Decree under he provisions Of
the Acts Of 1925, Oh. --, and 1929, Oh. --,
By which the Chancellor was author zed to make
such transfer where case he'd been continued two
terms on account Of the ChanceIlor's incompeteucy
Are these acts nov in force or hsve they been
superseded by the constitution Of 1884 and the Act
Of 1851 Il is question Of jurisdiction and should
be deliberately settled. While on the one hand this
Court would not diminish or restrict its jurisdiction;
vet on the other Il should be careful not 10 eu-
large or extend it beyond the limits fixed BY the
constitution and laws enacted IN conformity 70 Il.
This is the important as this is made an indie
pendent CO ordinate department Of the government,
and within its prescribed limits there IS no power
hat can control it It is as Independent within ne
proper sphere IS the Executive or Legislature The
people entrusted 20 this depart ment the supreme
judicial power and placed il and tie jurisdiction be-
yond the legislative power. Neither can one inter
fere with eORrol the other in the proper exercise
Of is functions
Under the old constitution, this was not 50. This
department by that entirely the creature Of the
Legislature. In artirle g. sec !, it says "The ia
dcial power Of the State shall be vested in such
peror and inferior Courts Of law and equity the
Legislature shall from time to time direct and es-
tabsh u Scott Rec 582
By the constitution Of 1884, art 6, it is provided
that 'the judicial power Of this State shall be vest
ed in ore Supreme Court, and such inferior Courts
as the Legislature shall from time 70 time order aud
establish; and the judges thereof" etc The con
venlion then made this constitutional Court, and
not being content even 20 leave he scope and ex
tent Of its jurisdiction the Legislature prescribed
il differently in the next section;
"The jurisdiction Of this Court shall be appellate
only under such restrictions and regulations as my
fr m time TO time be prescribed by laW; 5Ht h may
posses such other jurisdiction IS is now conferred
By laR Oh the present Supreme court
The last eTiuse Il is insisted covers The case be-
fore MS a. by the act Of 1922 the Old Supreme Court
hsd jurisdiction in such cases We do not under
stand the new constitution 20 refer 10 any such mat
ters Il WIS evidently intended By the emphatic
words employed-"appellate only"-to oonhne the
clause which apparently extends The jurisdioIon 10
other cases. 10 such powers az though not appellate
we're abselu,sly necessary in carrying out and com
pletinR the jurisdiction given; such forfeited re-
cnQnizauees faurs Of officers 20 return process OF
false returns mOfions against them, etc, etc. 10
all these cases, important questions might arise and
even iuries be required. So there is scope enough
for that clause without extending it to the case pro
vi5ed by the act Of 1929 By which original jurisdic
ton would be taken Of regular and primary suits
bet Ween parties. II intended in all ooLtroFer-
sizes between psrties that they should have the ad-
vantage Of two tribunalsfrst the Court es' ahiisnS
ed BY the Legislature, and then By appeal, the
Court Of last resort estshl shed by the constitution
The construction commended for would defeat his
provision in the class Of cases embraced very
ample provision has been made for these cases By
the Legislature, showing that lhe opinion mas not
been entertained By that body that the old and cay
mode Of transferring cases TO this Court IN all cases
where the Chancellor might De incompetent still eX-
listed Such cases may be Transferred TO the Crcuit
Courts, and the ChancellOrs interchange with each
other or with the Circuit Judges.
The oompIlers Of the statutes in 1896 did not in
eorpaste the act Of 1929 in the reVisal supposing
Il Iss not in force. But it s shown hat our pre-
dsosssors have, Ines that ams, taken jurisdietion