Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-05-05

Of the State. Where they are moi
restrained by the Constitution Of the
State, or Of the United States, this power
is supreme. 1t is the duty of all courts, in
determining upon the validity Of an act, to
/, give every legal presumption TO its valid
| ity, and unless the court is satisfied it IS IN
1 violation of the Constitution, to enforce IT.
| Section l of article Of the Constitution
provides the judicial power of this State
shalt be vested in one Supreme Court IN
such inferior courts as the Legislature shall
from time 10 time ordain and establish,
and the Judges thereof, and the Justices OF
the Peace. Under this provision of the
Constitution, the Chancery, Circuit and
County Courts were established, and the
Criminal and other special courts in some
of the counties of the State. The County
Court was organized upon the formation of
the State government. The system was
brought BY our progenitors from the parent
State of North Carolina, and the system ls
venerable for its antiquity. II had become
part of our jurisprudence, and all old
lawyers look back with sigh Of re-
greet to the times Of Quarterly Sessions,
when causes were determined according
to the principles Of natural justice rather
than law or precedent but the days OF
Quarterly Sessions have passed away, and
modern civilization has advanced, whether
for good or evil TO the country, time must
determine. We must deal with matters as
we find them, and not as we would have
them.
The County Court not being declared a
constitutional court, had the Legislature
the right to relieve the Justices from the
holding of said court, and vest il in Com
missioners to be elected? The express
power is given the Legislature to establish
such inferior courts as they may determine
for the interest of the county. The County
Court is a creature of the Legislature. The
present system is in pursuance of the
powers vested in the Legislature, and
having the power to create, they have the
same to abolish. There is nothing pro-
hibiting them from so doing. The common
law is the foundation of our system ofiuris-
prudence. 1t is more venerable for its
antiquity than the system of County Courts,
yet the Legislature have from time to time
changed or altered the common law. Every
lawyer recollects the celebrated rule
of property termed the rule in Shelley's
case, settled some 400 years ago in Eng
land, brought to this country by our
ancestors, and enforced by the courts
as a rule of property. The wisdom
of centuries had recognized it as a rule of
property beneficial to society, but the Lee
gislature repealed it, without, perhaps I'M
derstandiBg the nature and effect of it.
Old lawyers rejected the repeal, but the
Legislature thought the public interest de-
manded it, and in 1850 it ceased to operate
the passage of the act of the 18th of March,
1868, suspended the general law, and is
therefore in violation of the Constitution.
The Legislature from time to time estab-
lished special courts in different counties
and vested such jurisdiction in them as the
public interest demanded, and County
Judges have been created for different
counties. 1t has been settled by the highest
judicial tribunal of the State, that the
power existed in the Legislature so to do.
1T can make no difference whether the de-
PENDANTS are termed Commissioners, Judges
or by what name they are known. The
Legislature had the power to vest the au-
thority to hold the Quarterly or Quorum
Court of Davidson County in one man, or
three men, or any number they may choose.
There is no power in the courts to control
that body in the exercise of the discretion,
that discretion not being in conflict with
the paramount law. The power TO levy the
taxes for county purposes, is a power de-
rived from the Legislature They have the
authority to vest the power in any tribunal
that in their discretion may subserVe the
public interest.
Other questions have been discussed, bot |
it ia unnecessary, under my views of the |
powers vested in the Legislature, and their |
right to delegate such powers to further |
discuss the questions involved. The appli- |
cation for an injunction will be refused.
SHACKELFoRD, Chancellor