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

Tsbere cannot he found a single word.
or combination of words. that point to
tbe original formation of the new county
as the time when the .citizens includedb
are to be ascertaiped. When a voter fivs
inc in a metz county presents himself to
vote. he NAV be asked two ouestiops-
Are YOU citizen of a county created
since the last apportionment aotf and
from what county were YOU stricken Off
What authority have YOU for asking him
n he were included in the new countr al
the time of its formation. or added since
by a change of couty lines? Suppose be
was added after the new county was crea-
ted. would he not be o "citizen included
in a new county" and be embraced in
the very letter of the sectiopf There il
NOT room for n dipn;fied play upon words
in dafanso of the narrow construction:
;ndeeJ tbere ;s mot ioun,lution epouph in
The LANGUAGE Of the sec,;on 10 suDport
even me siSadow OF -,epai bubble. =
II is a we'll stated rule of law. particu.
larly applicable TO this case. that the
Legislature cannot. in the exercise of its
constitutional powers. do indirectly that
which it cannot do directly. This rule
has been applied to two OF the restrio-
tions and limitations on the power TO ersr
ate new counties. By a clause in the
fourth section Of the tenth article il il
provided that mo line of such (new)
comfy shall approach the court house OF
any old county from which it NAV be ta.
ken nearer than twelve miles. This
clause was constructed in Gotcher ,y:l
Burrows. 9. Hump. Rep. 5SS. The St.
preme Court held that the court house If
an old county could not be approached
nearer than Twelve miles by the lines Il
a new county by n cbunpe of county
lines. although the letter Of the clause
was confined to the lines of the new
county made when IL vus first estab.
lisbed The opinion of Judge McKin.
nev in the above case is n conclusive ar.
r,,mept in tnyor OF our construction of
tbe t;f,h sect;on .Bv the Iast clouse a.
the fourth section. above referred to. is
is declared that .tbe counties of Marion
and Bledsoe shall not be reduced below
one tbousond oualified voters euch in
n new county or counties" The
limitation here il. in tho terms of the
cI,,so co,G,ed 4, n ro,luctio,s of tb.
Qualified voters below ono thousand bv
,E., forr,o,;on of a now conn,v. vet in tbs
i,to cnse of Marion County ~. Grupdv
Cnu,,, = Sn.ad's Ra,, A9O |, Ia axnro,s.
l., IoiS hot Mar;on county could M, h.
a,i,nod haio,. nne tIo',sand onai;fasl vc.
,ers hv cl,onc. Of co,,niv I;nss Il wo,
.r.,,,oi ~ tL..a o,sa, nc I, h,s bao, i,
,he one now on banJ that tho const;,n.
,;onni res,r;ct;on did not onnIv To
oh.r,,o nf oo,,,,,,, i;nos and tho, ,bav
ceasaG n be onarot;ye on tbs Iev;s,st,rs
after a new coi,ntv bnd been estaII;.hed.
but tho S,,nrema Court renudiated ,bs
narrnw construction insisted mon no this
hodv sbonlI do in ,be case NOW hafo,e n
All admit that tho voters of the Grnn,lv
fraction would not have been transferred
from, th,. fourteentb 10 the eiyLth Sena.
torial district If the fraction had been ac.
tuaIly included in the new county at its
formation: vet it is argued prayelv that
the transfer could be and was made indi.
rectly by attaching the fraction 10 Tho
new county after il was established and
oruapized. Did the constitutional re-
striction-.'the citizens included in anv
new county shall vote with tho copntv or
counties from which they were stricken
off',--ceose 10 maintain its. force2 Can
this constitutional rlnrantv he so easily
eyade,l9 If all this can he done AZ CON.
tended for by the minority. then the re.
striction is nugatorv and utterly power-
lnnvanfInn
were enyoped Mt cLildren's nlav wben
,Ley should have been making n Stote
Constitution
n Is imnossiblc to ottemnt n susto;,
the uosition of the majority witbort rnn.
ming into inextrIcuble difficulties. Sur.
mise the Legislature had proved that tie
act attacbing ;he Gundy fractiop sbonld
not take effect until the LIST dav of NAV
Js5o whot vonld have heon tho coni;.
tion of the voters of the ti,,ndy fraction
nt the lnte elrctionq CouId they have
voted with Grundy county? The ma
;or;tv cav that ,bcy had no rights in
Gmndv and could not have voted with
Grnndy Cnuld they have voted in the
county of Seouatebiey They must have
L.on c;tizens of Seu,otchie six months
n.yt nrrce,liny the dny of election. 10
nn,itla them to vote un,ler the first see.
,;nn NJ ,L. f,nr,h or,;rIe of tho Cons,;.
tn,;on Would NOT ,he voters of tho
Grundy fr,c,ion be distranchiseds If
,La o.,;sI,,ura ,,n in His ,v,v disfrsn-
J,;.n,.,,.,Ef.,L yo,ars ,La .nlan,n snor,nty
~ ~ Cnns,;,n,;on ,hot ranresent.t;o,,
s,, al la a'n,i and ,'o,naneni Tor ner;ods
- - l.oo,,,, ,i,o ,orost nool-
,r,, .nd ,nnsonso
ftri =, ,'a,,,,o ;,l.fr;to ;Joo r,r.
,,;, ,i,xa,,o,, ,Io rn,,nrt nf Tho m,;o,;,y
;nr6Ivnd in almost rs nr,ch mystery, Il
,,n, nhsn,,i;,, NJ tLe nncinnt theory of
no, "n, ,;''r,,;nn nr son,s II i snnnosed
tl", ,hc voters of the irundy fraction
,rn,l, out a ,;y,u In vote with Hamilton
,a,,,,,, in The ni,htb senatorial district
,,ro,,.,h the rirht of the voters az the
Wam;I,op fraction Of ScountcLie couniy
n. tLc crndito, or n firm is said to work
out n lien on pnrtr ership effects through
the lien of the partners themselves mon
the same effects tor the payment of the