Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-03-22
TENNESSEE.
PUBLIC LAWS-OFFHCIAL.

An act to empower the School Fund Fraud Com
mittee to prosecute their investigations.
Whereas, VIM. Green and Jonathan
Morris, of the Senate, and ]. G. Horn
berger, S. Z. Warren and VIM. L. Nixon,
of the House of Representatives, were APP
pointed at the present General Assembly a
joint committee to examine into the school
fund fraud, and they not being able to in
vestlgate the same and make their report
during the present sitting Of the General
Assembly; therefore,
Section 1, BE it enacted by the General
Assembly of the State of Tennessee, That
the I'D Green, Morris, Hornberger, War
rem and Nixon be, and are hereby continued
as a committee to investigate the said
school fund fraud, with full power to ex-
anime into the same at any time, whether
the General Assembly is in session or not
in session, and to this end may summon
and eZGmine witnesses; may send for per-
sons, books end papers, may administer
oaths, and do any and all other things that
may be necessary to obtain a full and fair
Investigation of said school fund fraud.
Sec. =. Be it further enacted, That the
said committee, in the name of the State,
may by petit on apply to the Chancery or
{ Circuit Courts or to any Judge or Chan
cellor thereof, for writs of attachment and
all other process to compel the attendance
= Of Witnesses and the production of books
and papers.
Sec. 3. Be it fll her enacted, Tnat
should any person fail or refuse to comply
with any Summons issued by the chairman
of said commit Sc, either to appear in per-
son before said committee, as a witness or
otherwise, or to produce books and papers,
the said committee, IN the name of
the State, may present a petition TO the
Judge or Chancellor Of any Chancery of
Circuit Court, setting forth the facts, and it
shall be the duty of such Judge or Chan
cellor to Issue writ, or writs of attach
ment directed to any sheriff in the State,
whose duty it shall be TO attach the person
Of such party or parties in default and
bring them before such Judge or Chancel-
lor, and it shall be the duty of the Court,
Judge or Chancellor to order such person
or persons to appear before said committee
and answer such questions and give such
evidence as may be required by 50 id COM
mittee, and produce such books and papers
as may be demanded by said committee.
Sec. 4. Be it further enacted, That the
said Court, Judge, or Chancellor, upon APP
plication as aforesaid, shall issue writs of
attachment for all books and papers that
the committee may deem or think neces-
srry for said investigation, and may also
issue all other process that may be required
to reach and accomplish full and fair in
vestigatiOn of all matters that may in any
wise appertain TO said school fund fraud.
Sec. ). Be it further enacted, That the
party attached, under the provisions of this
act, shall be held in custody until he has
complied with the order of the Court, Judge
or Chancellor, and has also paid all costs
of the proceedings against him, and upon
failure to comply with the order of the
Court, Judge or Chancellor, the party Of
Tending or in default shall be confined or
imprisoned in the common jail of the
county until such order IS complied with,
and until all the costs of the proceedings
against him are paid.
Sec. 6. Be 1t further enacted, That all
process issued under the provisions of this
act, shall be in the name of the State of
Tennessee, and against the party offending
or in default.
Sec Z. Be it further enacted, That full
power aud authority is vested in the Cir
cult aud ChanceIy Courts of the State. and
the several Judges and Chancellors thereof,
10 issue all process provided for in this
act, and make all orders, and to hear all
things in relation to the matters arising out
Of the petition and proceedings provided
for in this act.
Sec. s. BE it further enacted, That for
the purpose Of carrying into execution the
provisions of this act, and to make ii per-
fectly effective, the Judges and Chancellors
herein mentioned, may act upon the mat
tiers of said petition either in or out of term
time, and all the powers vested in the
Judges and Chancellors of this State when
sitting in open court, are vested in them in
vacation, or out of term time, when acting
upon thesubject matter of said petition and
enforcing the provisions of this act.
Sec. o Be it further enacted, That all
process issued under the provisions of this
act, shall be signed by the Judge or Chan
cellor except when the Court is in session,
and then il may be signed by either the
Judge, Chancellor or Clerk Of the Court,
and if by the Clerk of the Court shall be
under the orders of the Court entered of
record.
Sec. 10. BE it further enacted, That
false swearing before the said committee IS
hereby declared perjury, and upon convic-
ton thereof, the party adjudged guilty
thereof, shall serve in the Penitentiary of
the State not less than five years nor more
than twenty years.
Sec. IL. BE it further enacted, That in
case VI httltAls resi- t5ldtion OF ISlOONhl ol
any member of the committee, the other
members of the committee may at their
discretion fill each vacancy from the men,
bers of the General Assembly, making the
election from the house or branch Of the
General Assembly in which the death OF
removal occurs
See u Be it further enacted, That the
General Assembly reserves the right &c
control and discharge said committee by
joint resolution, and in like manner to
place upon it such limitations and restric
tons as it may deem necessary and proper
and either house of the General Assembly
may fill vacancies in said committee willis
the General Assembly is in session, anC
may also make removals.
Sec. J g. BE it further enacted, That thu
provisions of this act he, and the same ar,
hereby extended TO the special committe,
appointed 10y this General Assembly to in
vestigate the condition of the insolven
railroads of the State, and the said specia
committee are hereby clothed with all tn
authority and privileges conferred by thi
acf y1nou fine committed 70 invest uate th