Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-07-14

ne O0A4tN 1t41i45 Aattte
We End the following Communication n the
Knoxville Southern Citissn. Il viii be interesting
to many Of our readers:
MEssRs. MITCHELL SwAEi We noioe In thelast
zen that you refer 10 the trial Of the case Of The
State W. Moore IN the County Court for Ibis coun-
~, in which you state that the defendants counsel
raised the question asto the legality Of the election
Of the County Judge. As the question is q novel
one Of gFeatimp0 to the citizens Of The eonns
~, We have thought it proper TO give you the
grounds which ne took in order 70 sustain cur po-
sitions before the Court The two principal points
that We rely upon are that the election is ipeonsti
iiftiongl and aie9qi. The Legislature Of l619-50
proposed the Following amendments TO the Constr
luton; sftA@
''The third section Of the sixth article Of the
Constitution shall be SO amended asst read as FOL
lows
Sec. 3D. The Judges Of the Supreme Court shall
be elected by the qualified voters Of the State at
large and tho Judges of such inferior Courts as the
Legislature may establish shall be elected by the
qualified voters residing within the bounds OF any
District or Circuit TO which such inferior Judge or
Judges either Of Law or equity may be assigned oy
ballot in the same manner that members to the
General Assembly are elected" Courts may be
established 10 be holden By Justices Of the Peace
and in the schedule TO amendments the following
provision is made: That "the Legislature shall ap.
point ddv for holding tie election Of Judges and
~
alreodg prebea or hereafter to Be prescribed By The
Legislature for holding The eeeoAs for STATE and cON,
| ~ Officers" See Acts of 1919 and 80, page BOT
| and Z. -, :
| These amendments were subsequently submitted
! to the people aud adopted by them The amended
Constitution clearly contemplated That tho Legisa'
| IRE might establish from time to time, inferior
Courts, and when established the elections we're to
! be conducted according 10 the provisions OF the
! above amendment. The election for County judge
was held upon the day that the election for SAer
IL and other county officers Ook place-this was IN d.
! rect opposiiioR to He CoHStitHti0n
The next point is to the legality OF the election
The Legislature Of 1857 and SO repealed the gener
al law, establishing County Judges-but passed
law establishing County judges for the counties o.
| Davidson, Shelby, Knox, Montgomery and William
| son. See Acts Of 1857 and SO, page "A. The sec
ond section Of said Act states 'hst the first election
for County Judge shall be held at the same places
and 6 the same officers that other county elections ar
held, on the fret Saturday Of Aareh, 1858, and unde
the same rules and regulations that prescribed TO
other county elections and all subsequent elections
Except for vacancies which shall be held Wheneve
they occur, upon giving twenty days notice. shal
be held on the first Saturday in March every eigh
years thereafter"
Among the rules aud regulations that are prescrib
ed for holding elections, are that the officer VIII
holds the election should giUs notice thereof In TIL
case It was proved by the officer who held the cleo
ton for Sheriff. sc that he gave no notice whatever
that there would be an election held for Count
Judge For these reasons, we think that the cleo
ton Of County Judge is unconstitutional and iega
and that his Judicial acts are null and void al
though the case of the State Moore is one of yer
little Importance to the State defendant yet 1t II
wolves principles that very important TO the cit
zens Of this and the other counties similarly situated
and therefore we felt it duty to appeal higs
er tribunal and have the questions adjudicated
J. c. RAMSEY,
J. f. ]. LEWIS,
Attorneys for Dgsndsnt.
LIZ 1e 1879 49, - -