The Union flag. [volume] (Jonesborough, Tenn.) 1865-187?, 1868-05-15
Judge BhacklefOrd ON the Legal
Publication Act.

The character of Judge Shaeklcford
as lawyer is Well known throughout
the State. And having served upon
the supreme BENCH, from which he
has recently retired, his opinions are
entitled to great weight. Indeed they
may be regarded in effect as of the
same weight as q decision Of the Sup
reno Court upon any legal Ques-
ton.
He was recently appealed to by the
Clerk and Master Of the Chancery
Court of Nashville for bis opinion in
regard to point in tho lato act
regulating the publication Of legal
notices. The follOwingis is the CORES
pOndeR0e 5an0 oo p
5al THE LEGAL ADVERTISING. al "a
TO the Chancellor: 5ra
The Legislature of Tennessee, on
February 18th, 1868, passed "An ac-
to regulate the publicpation of legal
notices. Mr.. John Ruhm, the editor
ofthe Stats Zeitung, a newspaper pub
lished at Nashville, in the German
language, Insists that this act requires
all nonresident notices and advertise
ments of sales to be published both in
his paper and in the Press and Times.
The forms Of tho law are not suffi-
ciently definite for me to settle this
question, and its determination being
essential'tO fixethe validity of sales Of
real estate, / respectfully ask the
court to instruct me in tho premises.
| present with this application an an-
thenticatod copy of the act
Respectfully submitted,
TSignedl NJ. B. HOWELL,
Clerk and Master.
Nashville, April 9th, 1868.
CONSTRUCTION OF TIE ADVERTISING LAW,
The act OF the Legislature passed
18th of FebnraFy, 1868, makes it the
duty of the Governor to designate
such newspapers in each and every
Congressional district as in bis judg-
ment the public interests may require,
in which to make all legal advertise
ments required by law, that no such
newspapers so designated shall be.
come an official newspapers, unless
appointment shall be confirmed by
the Senate, that not more than one
paper in county shall be designated,
but, that in any district where u Ger
man paper Is Published, and where
the number Of publication may justify |
il, such German newspapers may DO
designated additionally. Under the
provisions of this act tho Governor
designated tho Press and Times and
Stats Zeitung, a German newspaper
published in the city of Nashville, as
the Official newspapers for tho publica-
ton of all legal advertisements, and
his action was confirmed by the Senate.
The question presented is 4; Is the
Clerk and Master by the provisions
Of this act bound to publish his ad-
in both papersy BY the
provision of the act, ii the publication
& not made as required by law the
proceedings would DO void.
Tho act imposes an additional OK
pense upon snitors BY publishing in
-wo newspapers. With tho policy of
lhe law we have nothing to do. Our
iuty is 10 obey and enforce it. The
Governor, in the discretion conferred
,n him BY the act of tho Legislature,
md which was approved by tho
senate, has designated ono German
md one English paper in this district
Is tho mediums Of loyal advertis.
ng, and i Is the duty of tho Clerk
md Master TO act in obedience to the
sill of tho Legislature,
A different construction undor the
,rovisions OF the act might produce
disastrous consequences. hdleE scrip
a est,
Publication viii be made ofall loyal
dvortisOmentS in tho Papcrs 30 desig-
aLed. r-.. ..lf-i /
[Signed1 J. o. sHAokELFoHD, :
llR1r -. Chancellor. 9