The Hickman courier., 1869-04-10
Supreme Court and
Franchise.

the fact that there were certain cases
pending in the Supreme Court of that
State, atthe last term of that court at
Brownsvlle, which involved the validity
of the second and third franchise laws,
if not the power of the Legislature to
pass such law. An effort was made by
almost the entire bar practicing at that
court to have the cases adjudieated.
The case of Staten vs.. the States tried
before Jadge Rogers, involved the ques-
ton Wheeler the Governor of Tennessee
has the pwer to set aside registration
duly mad under the registration acts,
and wheher thei Legislature had the
power uuler the Constitution, to confer
such powr upon the Governor which is
assumed b have been done by act of
Feb. 25, sos. His Honor, Judge Ro-
gers, heldthat said act was unconstitu-
tional, an. proclamations setting aside
rceistratias were void. In the case of
Summers5s. Crawford, ct al, the plain
tiff Sud ~ ssfd obtained certificate
to vesfS S3tae first franchise act AT
an elcctfSaa held subsequent to the pas
sage of the second franchise act, he Of
fered tovote, Producing his certificate OF
registration, but was disallowed by the
Judges, whereupen he instituted suit
against them for 80 ruling. He proved
that he aad lived IN the county for TWEEN
ty years had neve; been convicted of any
crime o misdemeanor, and had always
been anunconditioual Union man. The
questions presented in this case were,
whether the irst franchise act did not be-
come a part of the Constitution of the
State Wien twas promulgated, and if so
, whether the Legislature can alter OF
amend the constitution; aud whether
l it did MT become law to the Eegisla
ture and above their control as soon a.
they hai executed the trust delegated Il
them by the convention, by the promul
CATION Il the same, and their immediat,
adjournment
! There was also case from Memphis
= involving similar questions, with addi
c tional oaes, and to save time and labor
c it was agreed by counsel, with the per
! mission of the court, that all of then
! should be consolidated aud heard togeth
e er. When first reached on the docke
r they were continued at the instance @
the court, because OF the absence c
Judge Harrison. The counsel engage
entered no objection Judge Harriso
. fiually assumed his scat on the benel
Counsel waited patiently, but no intima
! ton came that the court were ready
= take up the Eases, whereupon they iuquii
- ed of the curt when it would best su
, their convenience to hear these cause
n and receiving no satisfactory answer, bC
+ gan to suspect that something was wron!
j aud with dm Difference, urged upon tn
, court that, owing to the magnitude {
= the questions involved, and the great il
: terests of til, people whla4, at this col
,el iuncture, were at stake, that much d'
: pended upou action being had at tn
IF sternl of the c6aTTT--Ti1zf these caus
IF should, by all means, be heard, and Il
is vexed questions OF franclSee and regi
E. tration be finally settled in the prop
d aud Legitimate way. But the court pc
: sistently refused TO take up the cases an
and adjourned without any action wha
ever. This was an act of flagrant ou
rage upon the rights of the people. He
> were citizens Of the State who claim,
. the right to vote, who had complied wi
u the requirements of the first franchi
law and obtained u certificate that til,
were entitled TO vote, and they desired
test the right of the Governor and Il
'e Legislature to deprive them of tn
Z right. Their appeal to the court, while
. should have afforded them relief, or hay
% declared the action of the Governor an
/ the Legislature in conformity with IL
e constitution aud the law, fell upon de
ears, and they were left in the conditiC
:. Of men with no rights which the ere,
: lures of the law are bound to respec
$ II ought to be the duty if it is not, an
d 1t ought to be the ambition of the Judg,
If OF the court of last resort to hear CASE
G appealed them, where the validity of tn
: law or the acts of an officer In executin
5 that law may be concerned, especial
r when thousands OF the best citizens
e the State are iniuriously elected by I'll
t law.
/ There are too many interests involve
e In such laws as the franchise law to a
e low of the delays which an unwilin
: court may invent The Bee states tn:
5 these cases will be called up at the teri
f OF the Supreme Court which meets in
few days in Brownsville. a determine
D effort should be made by the member {
the bar prseticing in the court to hav
, early action on these cases.
: Johnson on BrOyynlosy.