Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-22
COUNTY MAGISTRATES.
They Meet in Convention.
The COnstitHtiOHallty Of the
Bill to Abolish the County
Court Questioned.
Senator J. w. Smith Explains
How the Measure Was
LObbyed Through.
The County Court will Meet In
April, as Usual.

A meeting of the magistrates of Shelby
county was held yesterday in the county
court room, when there were present
Justices Creighton, Walker, Moore
Jones, Miller, Blakely, Gleason.
Walton, Brewer, J. c. Campbell
Pulliam and Hall. On motion
John C. Creighton, Esq, was called tc
the chair, and Esquire Walker appointed
secretary.
The chairman stated that the object Of
calling the justices together was for the
purpose of consultation in reference to
the bill passed by the legislature at its
recent session sbolishing the county
court,
On suggestion, Senator ]. w. Smith,
of Shelby, was heard upon the subject,
who stated that he had persistently OPP
posed the bill. In his opinion the bill
never had become a law. As q lawyer
or senator be had no hesitation in ex-
pressing this opinion. He stated that
the two first sections passed regularly /;
six other sections were introduced by q
house bill az amendments to the senate
bill. Col. beaumont, Gen. EatOn and
others were there to engineer the bill
through the legislature, He was told
that the bill would be passed at any risk
To defeat the BIZ, he left the senate
chamber, as his absence would break the
quorum, and Irregularities in passing the
bill existed, and his object was to make
the law as passed illegal, and he now
took the grounds that the bill, according
to the rules Of the senate, never passed
U1aa.Is,- - a.. zw.aNsfUNaa- Hu- .-A~
and macs were taken but once in the
senate, when 1t vas TjthdEawn. The
metropolitan police bill and the county
court bill were then offered, not as an
amendment to the senate bill MOI as an
amendment to the house bill, but as an
amendment to an amendment Of
a house bill. The constitution
forbid the aholishEent Of the
county court which was proposed in
in this bill, as well rs the power to tax
the county of Shelby four times as mueh
as the county of Davidson. The bill
provided for the appointment Of a Judge
for i've years By the executive, while the
constitution distinctly said that the
judges shall be elected by the people.
The men WHO were lobbying this bill
through the legislature had been actu-
ated by corrupt motives With money ex-
torted from gamblers and others, and
men who could not get elected to the
most petty ofiees by the people Of this
county. He was denied the privilege in
Nashville of expressing his opinion on
the bill by the movement of the previous
question, but he yet intended to let the
people know what his opinions were, and
would take occasion to express those
opinions fearlessly when the question of
constitutionality came up before the su-
IRENE court.
Justice Goodlett moved that the JUS
tees meet at the next regular term to
transact business,
Mr.. Justice Miller discussed the ques-
ton of constitutionality at some length,
averring that the magistrates were only
actuated by the motive TO do justice to
the greatest number. The motion pre-
Senator Smith disclaimed any person.
atty in his remarks, Dut still reiterated
ais opinion that the bill was conceived
sin and brought forth in ~iniquity by a
few persons in Memphis who were afraid
to trust the people to elect their own
officers.
On motion of Justice Hall the APPEAL,
AUdLdnchs and BUHGtta were requested
to publish the proceedings of this meet
On motion, the EueRiRg Ledger
was also requested to publish the same.
The convention thereupun adjourned.