Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-02-09
THE CONVENTION.
TwENTX-SIXTIa DAY.

4 / IkOIOSED VISIT UE hEofECG.
, Mr. Netherland offered the followin,
resolution: That committee of three b.
appointed to wait on Mrs. Catron, thu
widow of the late Chief Justice, and as
certain and report when it would suit hel
to receive a visit of respect from thi
body. Adopted under the suspension O
the rules
PETITIONS.
MIR. Ivie presented petition from citi
zens of Unionville, asking that CLAUSE
be inserted in the Constitution giving
towns and villages the right to vote on the
question of allowing tipping houses il
their midst Referred to the Committee
on Miscellaneous Subjects.
Mr.. Brandon presented o petition from
citizens of Stewart county, asking that a
clause be inserted in the new Constitution,
giving the people the right to reduce coun-
ties to the area of 400 square miles in the
formation of new counties.
PROTEST.
| Messrs. Gibson, Branson, w. B. Staley
and ]. c. Parker presented aprotest against
the removal of judicial officers which,
without objection, was ordered to be
spread upon the journal.
ELECTIONS.
| Mr.. Nicholson presented the follow
ing:
| The Committee on Elections and Suf-
| frage have considered the propositions of
Messrs. Gardner and Gibson, as to filling
vacancies in offices, and have agreed in
pursuance of said propositions to recon-
| mend the Convention to adopt the follow
ing as section 5 Article " of the Consti-
tuition: Article ", section 5. In filling
vacancies all offices, under this Constitu-
ton or in those created by the Legisla-
| ture, the appointment or election shall be
made for the uueXpired term, and all Of
ficers appointed or elected shall hold until
their successors are appointed or elected
| and qualified. NICHOLSON, Chairman.
The section as reported by the COM
mittee was then adopted by the Conven-
ton.
PUBLIC IMPROVEMENTS.
Mr.. Nicholson offered the following:
Resolved, That the counties of HaW-
kins, Hancock, Union, Campbell, Scott,
Morgan, Grundy, Sumner, Smith, Fentress,
Van Buren,, White, Putnam, OvertOn,
Jackson, Cumberland, Cooke, Macon,
Anderson and ROane be excepted out of
the provisions of article II, section 90, of
this Constitution, and that the assent of
majority of the qualified voters Of either
of said counties voting on the question
shall be sufficient when the credit of such
county is given or loaned to any person,
association or corporation.
Mr.. Netherland stated that it Was the
desire of some of the counties in East
Tennessee to make public improvements,
and those counties were willing to trust a
majority vote.
Mr. Shepherd offered the following:
Resolved, That all of the counties ly
ing between Smith county and the east
ern terminus of the Tennessee and Pacific
railroad, through which said railroad may
be located, be excepted out of the provis-
IONS of Article Ii, section %, of this
Constitution, and that the assent of ma
jorty of the qualified voters of said cOun-
ties shall be sufficient to extend their
credit TO said railroad.
Mr.. Shepherd stated that the three
fourths provision would virtually stop the
extension of the Tennessee and Pacific
railroad
Mr.. Brown of Davidson, offered the
following amendment: provided that
the exception of the counties above
named shall not be in force beyond the
year 1880, and after that period they shall
be subjected to the three-fourths majority
applicable to the other counties of the
State"
Mr. Fcntrcss said that if exceptions
were made in the organic law in favor of
certain counties, he should move to have
his section of the State excepted from the
three-fOurths provision.
Mr.. Jones, of Lincoln, was opposed TO
any exceptions whatever lie thought
the plan of issuing bonds was ruinO"s
one at best.
Mr.. Netherland spoke strongly in favor
of his proposition. He stated that it was
a mere local measure.
Nh Kyle strongly favored the Tesolu-
ton. So did Mr.. Brooks, who spoke of
the anxiety of the up-river counties to
have tle Tennessee and Pacific Railroad
extended.
Mr. Thompson, of Davidson, said the
Convention must see that the exception
asked by these counties was purely local,
and could not affect the rest of the State.
Any man from Middle or West Tennessee
who goes into those counties is struck with
the fact that they have no floating pOpu-
latiOn-the class which makes the neCes
sity for the general provisions that two
thirds of the people of a county must vote
county subscription. 1t is entirely
within the line of precendent to except
certain localities temporarily from the
| general economy of the organic law.
The Constitutions Of 1896 and 1894 both
do so, and why not that of 1870! |
| confess that if 1 was satisfied these Cx-
ceptions would work unfortunately, and
the counties specified would bank
| rupt themselves, l should vote to let them
do so. 1t is their affair, not ours, and |
| have no Massachusetts, in me to make me
] wish to dictate to other peoples COnsci-
ence. If these counties should become
bankrupt it will not affect the credit of
Tennessee as State, nor the credit of any
| other county. see no reason why the
| exception should not work great benefit,
| however. Those counties are said to have
| boundlcss mineral wealth, which, if de-
veloped, would perhaps pay the debt Oe
the State in time | would not invOlv-
the States credit for any speculative adj
vantage; but if these named counties will
assume the risk, am for letting them do
| so.
Mr.. Brown, of Davidson, showed that
there were plenty of precedents in the
| Constitution for this exception of different
portions of the State from certain pro-
| visions of the organic law. lie thought
it was but fair to let these counties which
had very small floating population stand
! upon a majority vote.
| Mr.. Nicholson spoke strongly in favor
Of the resolution. He thought the Ten
| nessee and Pacific Railroad the grandest
| work of improvement that had ever been
begun IN Tennessee, and he was certain
| that the three-fOurlhs vote provision
would be fatal to it.
| After some further discussion, during
which the following counties were placed
with those originally excepted bythc resO-
luton of Mr. Netherland, Mr. House, of
Montgomery, moved to lay on the table;
| Wayne, Marshall and Henderson.
The vote TO lay on the table resulted as
follows:
Ayes-Messrs. Arledge, Bate, Blizzard,
Burkctt, Garter, Dohcrty, Dromgoolc,
Fentrcss, Fielder, Henderson, Hill, of
Warren, Hill, Of Gibson, House, Of Da-
| wilson, Robertson and Montgomery, Iyie,
Jones, of Lincoln, Kennedy, Morris,
Porter, of Henry, Shelton and Stephens
| is.
| Nocs-Mcssrs. Allen, Baxter, Brandon,
BransUn, BrittOn, Brooks, Brown, of Da-