Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1860-02-08

sENATE.
TnuHspAY, Feb. ?, lsoe-
ns SENATE was called to order az

TENNESSEE LEGtSLALo
T~nunsDAr, Feb. ., 1880.
The senate was called tn order at "e'oeA
BY The Speaker
PETITIONS.
NJ Wood pre-enssd a petition from one
-,f,~.,9 ~ Grndr county. praying "a oe
.s,fsrbad from the SheibYville pdhh 49,
and ATTACHED to hat of sparas ana IIe
the remuFsl OF ths branch cans - r.
80 sn7rta 30 Mcnlnnvilie, which was
-~ferredfo ths committee on Banks
~ stokelV presented a petition from sanaly
-n5-.rs ~ ~ eighth civil district In Cooke
-s.nfv. prsvinr The passage Of a law gi'.nE
IL N. vetsrs OF civil districts .he power 70 le-
eide whether they viii allow spln.aoas As''
10 Be sold il their respective districts
REPORT TRon srASDrSd
ne Judiciary committee have had uhesI
.,-sissration senate bill No. 256i 70 Froslie
~,mneueation for certain guards emPi9te1
~. sherFo OF Campbell county The opJcct ..
fbis hin L 10 pay guards employed to geela
ne isfi OF Campbell county, 10 prefee, ~
isnre 10 the Lewises. who were IN jar /.
.bs--e ~ murder, and who were coaVlcteq
~ br,r and alsoto prevent their rescue AZ
r..es 81 This kind occasionally occur anu 81
ibers is no provision Of law {, pay ne neces-
- ~ra-3s. who In the opinion OF the com
,rittee. ought to Be paid By The STATE be-
comes necessary % pass an act TOT eaeh paitie-
ular case and this the legislature otten hAs
= do without evidence az 70 the necessity o.
no pusr8. OF that they hive bona fde rendered
- service. The circuit Judge and attorney
General being familiar with al the efenm-
Stances. are able 70 determine the Necessary
FOR a guard and the service rendered Inc
/ committee. therefore, unanimously Instruct me
70 report a bill in lieu, making provision tor
| his and All similar cases and IT'S
passage
M. stokes. from the COMMITTEES on the Judi
| cary. returned House bill No. 19, for the ex-
pulsion Of free persons o. color from this state.
with the recommendation OF a majority OF the
| committee that C BE- rejected.
Mr.. Hfdreath. from the COMMITTEES on pri-
rate Incorn0rationz returned Senate bill No.
OF, to incorporate the Memphis Coal and Mn
ing company. snd recommended its passage;
| also. senate Bin No 253, to incorporate the
| Meehanics' Swings Institution Of Memphis,
and recommended Us passage after amending
e 20 a. to limit its e~xistence to twenty years.
and BY striking out 80 much Of the third sec
/ ton as gives a lien on its stock FOR debts due
the corporation. and to further amend the bill
by adding The following section 4;
Be- q fuTthsr sHaeie1, That said savings in
stitution or incorporation shall be subject 20
such general laws a. the legislature nav from
time to tine enact, regulating OF restricting
such interpretations.
AxExpNri5r OF THE c~oSsTIruTIOS
Mr.. johnson offered the following resolu-
ton:
Resolsea 81 ne Ssnsie. re House e9ueurriag,
That this general assembly does hereby pro-
sose 70 tie people II the STATE the following
amendments Of the Constituti0n-that is 20
say;
l. The seventh ard eight sections Of the
second article o. TIE Constitution shall Be 90
anp1rnd a. 70 read asfo1owas
Sec. Z. The first election for senator's and
representative shan b he'd on the first Thurs
4av in August. 1853 and forever thereafter
lections for members Of the general assembly
shall be held once in three years. on the first
Thursday in August said elections shall ter
inmate the s7ma dav.
Sec. s. The first session Of the general as
sembly shall on the first Monday in
October, 1868, and forever thereafter The cen
era assembly shan meet on he first Monday
10 October next enssing the ele ton.
3 The fourth section of the third article o.
he Constitution shah Be amended 50 as to
read a. follows;
See. 4 The governor shall hold his Office
for three years, and until bis successor snall
he 2 ected and qualified. He shall not be els
zible mere than six years in any tern Of eisht
years.
;. The bird ssrtion Of TIE seventh article
of the Constitution sail be amended 50 a. 70
] read as 1oi0Ns
Sc. 3. There shaH Re a treasurer appointed
for the S ate BY the joint vote Of both Houses
= the general assembly, who shah hold his
Office for three years.
The resolution lies over under the rule.
BIrLs rRoDUcE
BY Mr.. Bumpass: No. POI. To amend the
law in relation 10 foreign insurance companies
Passed first reading.
By Mr.. Stanton: NJ. 263. Requiring the
tdivi usl property q al stockholders In
hanks and insurance companies to be liable
for the debts Of the corporation to the extent
Of their shares % stock Passed first reading.
HOUSE
No. 4s, in favor OF granting pensions 10 ihe
soldiers Of the war Of 1872 Of the war with
Mexico, and other wars, having Seen read,
Mr.. Thompson moved that he resolution Be
referred 10 the comuittee on Federal Relations,
which wss agreed TO.
No. 125, rendering the thanks Of the legisla-
h1re 70 the Authorities and citizens OF louis
Vile, Cincinnati, Columbus, Xsnia and Day
aon to the legislatures and Executives Of
Kentucky and Ohio: 10 the Louisville and
Nashville, the Little Miami and Columbus,
and the DAYTON and Hamilton railroad eompa-
mics; TO Capt Shirley and the officers Of the
steamer Jacob S 'radsr and to Nicholas Long
worth. for their courtesy and hospitality 10
the legislators and citizens Of Tennessee du-
NNA- N11A N 49,
ing beenread, ard passed
On motion OF Mr.. Stovall, the governor was
requested 10 forward copies Of these rssoiu-
tons 10 The parties designated.
aHE BANK.
Mr.. Richarisou's resolution instructinr TIE
comptroller 70 redeem the outstanding issues
Of the Exchange Bank, having been read
Mr.. Newman Mr.. Stoval in the chair said
he was opposed 70 the adoption Of the reEnlu-
ton, because il would set q precedent Of offer
ing a premium for fraud. lie referred to and
70 nmented upon the facts brought to light in
the report Of Ire srecial committee Of the
Legislature of 1e57-5S as establishing The fact
that the Exchange bank did not have on
deposit bonds to protect its o~utstandirg
issues. He believed, as be had stated on =
previous occasion. that the controller was an
honest man, and that Whsa that officer believed
a man 70 be honest like himself, be would
place implicit confidence In any statement BE-
might make. He Mr.. Newmanl read the
statement Of Gsv. Campbell before The
special coamittee, showing that the controller
had burned a packageof the notes Of the Bank
OF Middle Tennessee without counting, receiv-
ing Gov. Csmpbelrs statement a. the amount
% her haBkers, including Spence, bad made
similar statements. Twas. therefore, the con
%troller having implicit confidence in the hon
astv Of Mr.. Spence. an easy matter for that
gentleman 10 have returned a package OF bis
LMN.eN TO De UUTNnN ara represented II ~ con-
Itaining = much larger amount than 10 actually
coutained. He believed that the only way IN
which the notes Of the Exchange bank got into
circulation without a deposit % bonds with the
controller. was hv returning notes and repre-
serting them as much larger in smounf than
hey actually were. He must have overreached
the controller in this way.
He hoped this matter would be left for the
courts 10 decide whether the Safe should re-
] Hnn- she nraaHauNrrw rHrarHaHrr~ 81 The f.
change Bank. That was The proper tribunal,
and not the legislature.
Mr.. Richardson said that Mr.. Spence had
sustained an unimpeachable character up 10
the unfortunate affair connected with the EV-
change Bank. fraud had been committed,
but he did not say ~ whom. BE thought =
special committee should be raised N whom
he report Of the special committee Of TIE las
legislature should be referred, with T. struc-
tons to give the natter a borough iuvestiga-
ton, He then took NJ the report Of the
special committee Of the last legislature and
proceeded 30 p7iat ont a nunber Of errors 10
that report, which lie coHsideres prfiudlcial
% Mr.. Spence. He knew the committe- were
honest and that these errors were not the re-
sui OF intention. He did not say hat Mr..
Spence bad done nothing wrong. but there
were errors and i17ccu-acies in the report
which were wholly irreroncilablr, ard an ex-
animation Of &c By Senators would q disclose IN
ternal evidence that Il cannot Be reiiei upon
:, Those who took The notes Of he Exchange
bank, a. well as those Of every other free
bank, did 50 upon he faith, a. indicated bv
the Endorsement upon the face OF the notes o.
the name Of the controller, that The law had
been compiled with, and that the bonds were
on deposit with he controller to redeem them.
They regarded the state as responsible until
the notes were i deemed. He hoped, there
fore, The resolution would be adopted.
The question was further discussed BY
Messrs. Stokes, MINIS and Tr.mbie, in cppo-
sition to the adoption Of the resolution on the
ground that the courts werethe propertribunal
to settle The question.
The question recurring upon the adoption Of
The resolution.
Mr.. Newman demanded the ayes and nayss,
which were taken and resulted ayes 5, hayes
%.
HnrsE Bill oE THTBD READrNG.
No. 293-To protect the notshol'ers of The
L--L-m EHnHL---m ID - 20 49,