Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-04

Judiciary Committee to ascertain whether
the State is legally bound for the redemp-
ton of the notes of the Bank Of Tennessee
Mr.. Hornberger moved to amend the
resolution by requiring that the question
shall be examined by Joint select commit
tee of three on the part of the House and
- on the part of the Senate.
The amendment was agreed to and the
resolution as amendment was adopted
AMENDING THE CONSTITUTION.
House Joint resolution proposing amend
ment to the constitution, to be submitted
directly to the people, instead OF calling
convention. Tabled, on motion OF Mr..
James, of Hamilton.
RAILROAD MANAGEMENT.
The Joint resolution offered this morning
by Mr.. Hornberger was then taken up
under suspension of the rules.
An amendment offered by Mr.. White, to
include the RogersviIle and Jefferson Road,
was adopted.
Mr. Neil offered an amendment that
competent clerk be employed to assist the
committees, and who shall be paid out OF
the assets of the roads involved. Adopted.
Mr. Steele moved to amend so as to In
clude the Evansville, Henderson and Nash
vile Railroad. Adopted.
Mr.. James, of Hamilton, moved to
amend by adding after with power to send
for persons and papers, the words land
administer oaths." He was of opinion that
if some of these railroad officials were
screwed down with an oath little more
money could be got out of them. Adopted
Mr. Colville moved to strike out two
on the part of the House and insert 'three.
Adopted
Mr.. Hornberger suggested that the COM
mittee would have no power to investigate
the financial affairs of the Evansville, Hen
derson and Nashville railroad, as the road
was not in the hands of a receiver, nor
even within the limits of the State.
would be better to make that road the sub
ject of a separate resolution.
On motion of Mr.. Steele the vote by
which the House adopted his amendment
to include the Evansville, Henderson and
Nashville road in the resolution was recon
sidered and the amendment withdrawn.
Mr. Steele said that the subject under
consideration was of such vast importance
to the State that the House ought to seri-
ously consider, before taking final action,
whether the investigation should be made
by one committee or by q committee for
each road
Mr.. Hornberger thought that the labor
was too great, and the interests involved
too immense to be properly done by one
committee.
Mr.. James of Hamilton moved to amend
by appointing joint Committee of five on
the part of the House and - on the part of
the Senate.
Mr.. Townsend suggested seven on
the part of the House, which amend
ment was accepted by Mr.. James OF Ham
iltOn.
Mr.. Sadler thought that the amendment
of Mr.. James of Hamilton would thwart
the purpose of the resolution. 1t was i'm
possible for one committee to promptly
and fully make the needed investigation.
The amendment was rejected.
The Speaker here presented commu-
nication from the Comptroller, showing
the railroads in the hands of Receivers and
their indebtedness to the State.
Pending the consideration of Mr. Horn
bergers resolution, the House adjourned to
2:30 o'clock this afternoon.
Afternoon Session.
RULES OF EVIDENCE.
rules of evidence uniform in State and
Federal Courts being the special order, was
taken up, the question being onthe amend
ment of Mr.. Spears that mo person hay
ing a pecuniary interest III the result OF
any civil cause shall be allowed to testify,
unless called upon by the opposite party.
Mr.. Thomas opposed the amendment,
contending that the practice of excluding
the testimony of parties interested In suit
was altogether wrong, and relic of the
feudal age. He cited the usages OF the
courts in England, and some Of the States
of the Union, where such testimony was
| received.
Mr. Spears defended the amendment,
claiming that false swearing was the leg1tl-
mate result of the testimony his amend
ment proposed to exclude.
Mr.. Barry opposed the amendment in an
argument of some length He said the
rules of evidence, although vastly improved
| from what they had been in former times,
were still very defective. Reform was still
needed, and the present bill contemplated
a reform that he heartily approved.
Mr.. Smith favored the amendment.
The question on the adoption of the
amendment was put, resulting IN 1t being
i lost by ayes 70, noes 10.
The bill was then passed on second read
ing and recommitted to the Judiciary Com
mittee.
DR.. SEARS.
Mr.. Cheatham said that Dr. Sears would
/ deliver an address in the evening, and II
making the announcement remarked a
follows:
We have granted the use of the hall o
the House of Representatives this nigh
for meeting of the friends of education
An address will be delivered upon tina
subject by Dr. Sears, of Virginia. He l
the agent of the Peabody Trustees. Thu
Board of Trustees, through the Gberalit!
of George Peabody, of Massachusetts,, ha
charge of more than $3,0OO,OOO. From
this fund $3.50, 900 annually will be dlstr1b
uted solely to the Southern States, for tn
benefit of popular education. At the en-
of % years these $4,000 are to be dis
posed of at the discretion of the trustees
either in founding some great institution
education at the South, or in promoting 1t
educational interests in some other mode
DR.. Sears is the trusted agent OF thu
Board. He visits Tennessee with the We
of aiding the present State authorities !
carrying out any system of education the
may adopt. His whole life has been dt
= voted to education, and no one stand
| higher in his profession. His views WI
| interest us as Legislative body, and deepl
| | instructing to the whole community.
hope every member of the House will q
= tend.
Adjourned to 10 o'clock tomorrow.