Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-11-09
ORFICfAE-

] OFFICIAL, @ -
/ VPlnIens OF she supreme Court OF the stats
! Of Tennessee Delivered at KnOxvIIIs,
September Term, ls5s. 81 81 - - : :
/ Newman Vs. the Justices OF soolt County.
40 rms was proceeding under the set Of 1856, Oh.
70 to compel Ihe Justices Of Scott county bv Mi
1 Of 1la7damus from the Circuit Court Of ssjdeoY,y
levy tax sufficient for the disehargs Of four sew
era tal Judgments, amounting together 70 ihe sum Of
800 045-reeoTered b. the relator against he
sioners or said county, as portion OF The
amount agreed 70 be paid for the building Of the
eoart-house OF said county. The petition Of the
reiator va demurred to; and on areumsnt The -,
murfer was allowed, and the portion dismissed
Inc county OF SeOu was established bv an sct ftbo
denerai Assembly, passed in December. 1879
oOnal. sioners were appointed BY the Legislature
IW ne purpose Of organizing said county, and
among other duties eUjoined upon them. by he Act
providing for the establishment of the sorotv 80
70 select and procure, By purehass or o her,ise. q
suhable site for the seat Of Justice in sid ,,,t
ana hkeRlse, to 'supefntend the erection Of s1ch
Puoie buildings as The County Court Of said county
snaA oiuef ana direei TO be buil and shall let he
same out and shall take the bouds from the pndsr-
takers With simple penalties and sufficient seopTi,
uss' payable 10 themselves and their successors;
oonail0ned Tor the faithful performances Of his or
their contracts" Pursuant 70 the power inns vssf
Cd IN mem, me commissioners named in sbe act
eonifaeied WIN the hTm Of Jacob Newman & Sons
w. WIN u tne Ee4sbOf IS surviving DRrtnerl
Tor the building Of the courthouse at stimulated
sum, payable in iastalmsRts The bnildi5o vos
completed, and accepted by the comuissioneTa-.-,s-
alleged IN the petition-in The spripO oF 1889 IN
1000 the several judgments, above mentioned. we're
LOT the several instruments due on account
VI ssiu Ouilling The petition sllegss that, mas
huen as said judgments remained whole ,,rso,;. q
hsd, and tax had been assessed "a meet tboi- 5i
charge The realor applied to the justices of said
county a. the January session, 1857 Of the County
Court to levy tax for the payment thereof: Which
application was refused BY the Court The easa
stands upon the demurrer to she peiiiion. and the
question is, whether, Upon the slleqations az the
petition, which must be taken as tried he Court
erred IN refusing the application for EsaaGqrlH,
IL Is argued for the justices, thathe act Of 1855 IL
unconsii al nal and void; and Of this opinion vas
ms honor, the Circuit Judge Thst aot provides.
nat lu al cases where county commissioners con-
tract debts for county purposes and on aeeount NJ
such contract judgment is obtained against s,,b
commissioners, theR II ahall be the duty Of such
county Court 70 levy tax the next regular A.
sessment Of taxes after the judgment or judgments
are Obtained 20 meet the payment Of such iud0
ment or Judgments" The second section OF the
act provides, thai 90 failure of the County Court
comply with the requirements of the 6rst ssct,on
aIPiestiOn may be made By the person owning sid
judgment, or BY any one Of The commissioners
against whom said judgment may have been rem
dered, either 60 court Of law or equity for writ
Of maDdamus to compel the assessment of a tax
Suncient to discharge such Judgment or an appeal
frUm the refusal Of the County Court to levy tax.
may be prosecuted tstbe Circuit Court Of the eons
y; " aieb court shalltry the same and shall be al
bori5ed 70 make an order on the County Court in |
the nature Of peremptory msndamus This is a |
strong STATUTE but not more 50, perhaps than the
nature Of the mischief to be rsme1ied seems TO de
nand The question for rs, AoEever. is, had the
II gissture the constitutional power t. enact If
The amended constitution Of 1894 (Artiele % S29l
Incorporates this new proYisiOn:-'Th General A.
sembly shan have power to authorize the several |
counties and incorporated towns in this State 10
impose taxes for county and corporation purposes
respectively in such manner shall be prescribed
By law This provision, il is insisted, empowers |
The Legislature to delegate to the counties the right
Dr. authority to levy taxes for county purposes; but
1OeSnot confer upon the Legislature the po.zerto CO.
cree them to do 80 In other words, thai when the
luthori TO impose taXfor given county purpose
has been conferred upon county, and the manner |
10 which "A may be exercised has been prescribed
me power Of the Legislature is exhausted and it is
eft entirely optional With the agents to whom the 4
power is delegated whether they exercise il or not
That the authority to impose taxes for county pur-
poses, authorized TO be delegated by the Legislature
% the JUS ices Of the several couotes, or other 1
agents, is portion Of the sovereign power of the
State, which, under our constitution is lodged in
he Legislative Department Of the Government \
That Its exercise IN lis very nature is dsoreri0ns
y, and cannot be controlled by ne Judicial De- |
partment1 and consequently, the Justices of q eoun-
y, or other agent s leeted a rpestoTy Of por-
lion Of such power can no more be eoereed to exer-
,ise it, by the Judicial tribunals, than could the
Legislature itself nor can rhe Legislature empower
he courts to do so This is certainly carrying the
notion Of - County Sovereignty" as it has been /
called, 20 most extraTagant length 70 say no more
Of it. Yetit is insisted that this doctrine Is antan
I'd By the case OF justices vs. HoOdsnPyis, Humph. |
n eFrah ~ II = O a
Ease is 70 be understood deciding that he Legis>
ature does nOtPOssess the constitutional power TO
provide for the CON- uls Ty assessment Of tax 70
discharge debt properly contracted under the au-
.hority Of general Law, tor alegtmate county pur
pose, then feel constrained to dissent from its
authority. The power 10 contract debts for the 1
erection Of public buildings, and various other /
county purposes, is indispensable to every county,
and has been conferred BY several general statutes
And as taxation Is the appropriate means Of raising
unds for the discharge Of such debts, the power to
impose taxes for such purposes has been conferred
generally upon the justices Of the County Court I
The want Of authority in the Legislature to delegate
The power Of imposing taxes 10 the County Courts
for various purposes, felt to be serious evil
under the old constitution And looking 20 the /
motives which must have Influenced the convention
in the adoption Of the provision on this subject,
above quoted, can it fairly supposed hat it was
merely intended 70 confer q discretionary power 4
upon the counties toimpOse taxes for the discharge
Ot their ST liabilities, but not 70 impose any dury
Or obligation upon them to do sol
Was deliberately desigi ed that these qaas cor
poraioBs should be invested with the power 70 create
iebts for legtImste and indispensable county pur
poses. and Jet be abSolVed from al legal obligations
and placed beyOndt the POEerOf coercion discharge
such deotsy We do not understand the consti, |
.utiODal provision IN question The power WAS
gwen, NOT merely that it Might bat that sko.ld be
exercised IN the cases niemplated BY the consti.
-uiion. The grant OF the pOWer to raise money in
his mode, for the discharge Of eOanty liabilities,
carries along wi il, By necessary i'm location, the
1b igstion 70 do so If it it be eomPetent 20 the
Legislature 10 empower the counties to impose a tsx
aud dictate the manner in which il shall be done
ursly it can provide for the exercise Of the power
II not, the auth riy to delegate such power to the
counties il uRmeaning and iAusory and practically
the creditors Of county are left without remedy
To this conclusion We would regret exceedingly 70
be forced. But We feel no hesitation in desiarinR
he act Of 1866 70 be valid and constitutional las
and more than this, most just aud sa 'uiary lay,
highly erediiable to its suth0rs, as manitsstnga
determined spirit Of opposition Hnli1s 70 every
ihing that ssYorl Of rspadiatsR n law e. well a. in