Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-10-30
HOUSE OF REPRESENTATIVES..
NEW BILLS AND RESOLUTIONS.


NEW BILLS AND RESOLUTIONS.
BY Mr.. Reeves-A bill to expedite the
business of the courts of the State. Refer
red to the Committee on Judiciary.
By Mr.. Mason-A bill to increase and
protect loyalty. The bill inhicts a penalty
on all persons selling or harboring photo
graphs or pictures of jeff Davis or Robert
E. Lee. Referred to the Committee on Fed
eral Relations.
By Mr.. Cagle--A bill to amend the ex-
emption laws Of the State The bill ex-
empts from execution, homestead of not
more than 100 acres, and of not more than
81 600 In value, personal property to the
value OF $500, with an additional exemp-
ton to the amount of 500 for each member
of the family of less than twelve wears of
age, together with necessary wearing an
parel, ETC. Referred to the Committee on
Judiciary.
By Mr.. Woodeoek-A bill to decrease the
expenses of the Governors staff. The bill
fixes the salary Of the Adiutant General at
81 500 per year, and makes him also ord
nance officer fixes the salary of the Quar-
termaster General at 81 500 per year, and
makes him also Commissary General. 1t
requires also that all clerical force shall be
detailed from the line, and that in case not
more than one thousand men are in actual
service, no officer shall be retained in the
service of higher rank than Colonel.
Passed first reading.
By Mr.. Singletary-A bill providing for
the auditing of all claims for losses of loyal
citizens of the State during the rebellion.
The bill provides for the appointment of q
Board of three Commissioners in each dis
trict of the State, whose duty it shall be to
examine and audit all claims of loyal citi-
zens, to ascertain the aggregate amount of
all such claims allowed by said Boards, and
to secure, if possible, an appropriation from
the General Government for the payment
of said claims Referred to the Judiciary
Committee.
The following came up on its second
residing:
House Bill No. Ito amend the law in
regard to proceedings before Justices Of the
Peace OH the trial of small offenses. The
bill empowers Justices to hear evidence in
small offenses, and impose fines not exceed
ing $780, and give both parties the right of
appeal.
Mr.. Williams opposed the bill on the
ground that it was unconstitutional. He
read from the bill Of Rights of the State of
Tennessee, the clause which provides that
no freeman shall be tried for any criminal
charge except upon presentment, indict- |
ment or impeachment and argued that the |
bill was in conflict with this provision of
the Bill of Rights.
Mr. Roach read from the report of de- |
cision made by the Judiciary Committee of |
the Assembly of 1847, who decided that 4
bill similar in its provisions to the one un-
der consideration, was unconstitutional.
Mr. Doughty argued that the bill was net |
unconstitutional A trial before a Justice |
was one form of indictment It was one
form of indictment. 1t was not necessary
that there should be an indictment before /
grand jury in order to come within the /
of the Constitution. The decision /
Of the Judiciary Committee 1887 was made
under the old regime, when all decisions
and interpretations of law were made un-
der the influence of the slave power, in the
interests of the powerful few.
Mr. Mynatt spoke to the same effect. 1t
would not do to regard the decisions of the |
past as infallible. The Declaration of In
dependence which declares that all men are
born free and equal, was formerly very
strangely interpreted. He thought the bill |
ought to pass. The dockets Of our Crimi- |
nal Courts are crowded with petty cases |
which might be disposed of by the Justices,
at the saving of an immense cost to the
State.
Mr.. Prosser cited the case of the Record |
er's Court in corporate towns and cities, and /
argued that these courts were liable to the
same objections which were made against /
the bill. Cases were tried before these courts
every day without an indictment by a jury,
and the constitutionality of the law estab-
fishing these courts had never been ques-
toned
After considerable discussion, and an I'M
effort to lay the bill on the table,
it was finally passed-ayes Sc, nays Is.