The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1859-11-04


in the new county of Sequatchie by the
act creating and destablishlni il, the alali.
fed voters of that Fraction could not have
constitutionally vp'ed for Senator in the
Eighth SenatoriM District. Thetwo acts.
the one creating NE new county md the
other adding thes7rundy fraction, were
passed at the So. n6cssion OF the Leyis.
lature, Sol are critically the same
su6ject-n, tei ;ell settled rule of
law. us we 2tion Of statutes
that the VII ed at the same
or different the Legislature
upon thG@t after, or to use
the legal sria. are To be
taken andr ne act of the
Leyislatiy The Supreme
court obck i'll a recent
case, stat;a e words: 1T
is AN cstaGi that acts in
Ddri material together as il
hey were q ted States vs..
Freeman. PCS, and tile
binding al slom- of the
rule thus b well sustain.
ed by leari BILE judges
| Knets CD -; Sedgewick
on Statuto tutional Law
pages 24l-. erceived that
the rule aa wn embraces
statutes pa t sessions OF
the Leglsla o reasoning to
show that II ge more readily
and stringeri statutes passed
1t the same his case. The
Supreme Col b Carolina ha,
held that TIL |tatutes of that
State, passed a. ion OF the Legis-
iature, are part statute. and tn,
Judge. in deliver the opinion. cite.
he English rule n these words: "Ali
Laws passed ut one session of Parliamen;
were al"iently strung together, maxim;
o many capitula. or c...anters, OF one stat-
ne. All the acts Of one session o Par
Lament, taken together make properly
hut one statute State vs.. Bel. Ire
dclfs Rep. sos. Give to the rule the
.orce and effect that it lLls had for cen
turies in the courts and the two acts il.
This case are but one statute. one EN-.
bodinent of the Legislative will Appl,
this rule, as we are bound to do. ii W,
are to settle this controversy occordin,
% law, and it is conceded by tile IN =
jority that the voters OF the Grund,
fraction could not vote in the eight
senatorial Di.trict.
But couple the rule of law with tie
facts proven in the case, and with vuriou
expressions OF the Legislature, in the nci
-nI the 9th December. 1871, and no doub,
can ienain aS to the propr.cty, it not
,bsolu'e necessitv. of regarding the two
acts as one. The Grundy fraction was IN
cludcd in the original draft OF the first
act: it was stricken out with the eXi &C.
alton that it would be afterwards udueu
If it had not been added, the first act
would have been imperative and void.-
T,e active friends oi the new county ia
me General Assembly We're in all proL,-
bi!!ty cognlAnt OF all thi>--tlle expires
Sions '..traciiohs," counties" frequently &C
turrlng in the first act. These fact, show
dat the Legislature was looking when it
passed the first act. 10 the passage of the
net OF the itl, ci NJ ,rch. l>oo, us the
completion of II thin. begun--the crea
ton of new consti county. J..
IN he said IN tru h. that the two acts
are hut one act. because each one would
nave been inoperalive without the other.
nd it is only 10y regarding and treating
mem as one act of legislative power thai
he intenjIon OF their Trainers can be
'arried mo effect.
BY the Ii tn section of the apporton
nent act OF iSJl-1, it is provided. that
lit tlllLtuS III tl.t utW tDulltleS
'nder the amendments to the Conotltu-
ION. shall vote with the respective coun'
les from which they may be taken, tor
senators and Repre,en. .atves, YIN il the
nrAt arpOiionment." Ani by the Las;
,'iause OF the second section oi the act
I, "a ing the new county OF Sequatchie, it
i, 30 provided that "lhe citizen, thereof
hall vote with The coonhGS nom wnich
,ney are taken. tor members OF tine Gen
raj Assembly. until The next apportIon-
nent, agreeable to tn" provisions of the
nth section Of the tenth article of the
amended constitution 1t IS wnoiiy IN.
Material in this connection 10 inquire
whether the provision Ol the fifth sec
ION of the tenth article oi The const.u-
non, would have applied to the Grunty
raciion IN the absence of the PROVISIONS
.; the law just quoted. 1T is suiiicIcn
hat the General Assembly Ina, ncorpo
rated the constitutional rrsuici IN thc
last apporIionment law, and tine organ,
aw oi the new county. ID, lheac pro
visions, or either one of them apply /"
lie Grundy fraction. in the relation II
sustans To the couD Sequatcnie:-
rnat tney do apply ,he rights o..
;ile voters in the iIi uld seem too
pia.n Tor debate. ilrst quoted
is prospective IN embracing
ali new counties the date o,
the act, and bel apl ortirn
ntnt the o,lieY Is lImitru
IN It's operation pity then
created. 1t md lie clause
N the act, ere county is
limited in its INF ktiAens o.
The territory out iorme /
but it would be lrd to ~ =
tempt to conhne u of the
apportionment NJ way
such "onstructioS ly de,rat
the intention ure, but
would make the, less and
unneaning. W. of the
Grundy fraction ion chi