Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-24
THE FRANCHISE LAW-THE ELEC
TION FOR ATTORNEY GENERAL.
0 the Memphis Ayalanche.l

From the Memphis Avalanche.l
MEMPHIS, May II, 1866 Gentlemen :
| The undersigned having been for several
months past, candidates for the Attorney
oVuUI aIaiIiP Ur tlrU CliInIndl count VI Mem
phis, and our sheriff, in Difference to the last
Franchise Law" "a copy of which is here
with enclosed declining to hold the election
for said Office on the oath inst, las provided
| by law, and it being our wish to have the
election, in order to test the constitutionality
of said law before the courts of the country,
in the most direct, peaceable and law-abid-
| ing way, respectfully ask your legal opinion
and advice as to what is the best course to
adopt in the premises.
Your answer and advice in this case will
be equally pertinent and interesting TO the
public in regard to the other approaching
elections, and we ask leave to publish the
same in the city papers, for tie quieting of
the public mind, which is now much inter
ested on these subjects.
Very respectfully,
CHAs. S. CAMERON,
THos. D. ELDRIDGE
JOHN MARTIN,
II. \. ROGERS.
To Hon. Messrs l.. V. Dixon, II. G..
Smith, l.. S. Ayres, Henry Craft, B. NJ.
Estes and II. f. Jackson, Esquires
MEMPHIS, Tenn, May 10, 1856.-lIessrs.
Thomas d. Eldridge, John Martin, II. 4.
Rogers and {. S. Cameron GENTLEMEN
Your communication of May 18th is before
us, and we have given such consideration
to the question propounded in it as cir
cumstances have allowed.
You state that the sheriff of this county,
in Difference to the Franchise Law" de-
clines to hold an election at the time fixed
by law for an Attorney General of the
Criminal Court of Memphis, and ask our
opinion as to the legal mode to bring before
the courts for their adjudication, the validity
Of that act of the Legislature.
In our opinion, there can be no reason
why any citizen may not, in "peaceable
and law abiding way" if there be such
way, invoke the exercise by the Judicial
Department of the Government, of the con-
stitutional power vested in that Department
to decide the legal questions involved.
In reply to your inquiry as to The best
mode of procuring the Judicial investigation,
we can only say that the particular contin-
gency now under consideration does not
seem to have been provided for by the Leg
islature, nor to have been heretofore the
subject of adjudication so as 10 furnish
a precedent. We are of the opinion, how
ever, that sections S42 and S44 of the code
does in spirit if not in the letter, reach the
case, and at once furnish the mode in which
the question of the validity of the Franchise
Law may be raised and tested.
The section of the code referred 10 should
of course, be acted upon in connection with
the whole contest; and strict and liberal
compliance with all the formalities pre-
scribed should be ordered.
When an election has thus been held, the
successful candidate can present his certif-
cate of election to the Governor, and apply
for a commission and, ifthe commission be
refused, upon an application for mandamus
to compel the issuance of the commission,
case for the courts would be made out.
This mode if not the only mode by which
the object can be effected, is at least the most
practicable and convenient one which we
are now able to suggest.
". Dixon,
HENRY CRAFT
B. NJ. ESTES,
II. +. JACKSON,
l. - AyFpG