Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-22

But as before stated the original iuris.
dicuon of the County Courts not trans,
ierred to the county Judges, will be
found in other sections of the code under
their appropriate heads, aud need not be
no,lced for the purposes of this opinion.
But in tracing the legislation of the
State this far, have been unable to find
any law divestiog the County Court OF
Davidson OF the right to appoint a proxy
10 vote the stock owned by the county
IN all elections held by the stockholders
OF the railroad companies.
now turn to such legislation as NAV
nave been made, pertinent to the cues
tons, since the close of the late war.
The act of the 18th sof March, 1868,
c1ap. So, page p, provided for the crea-
ton OF a Board of County Commissioners
for Davidson county. 1t abolished the
County and Quorum Courts in Davidson
ana transferred the power and Jurisdiction
OF the County Court of Davidson to said
Commissioners, but left the jurisdiction
and power of the County Judge un-
changed.
Then next follows the act of the 9th
OF February, 1869, chap. Al, page 81 and
sec. 2, which enacts, 'EThat 10 all the
counties in this State, where there is 8
County Judge, and where no Board of
County Commissioners have been estab-
lished, it shall be the duty of such County
Judge to vote, either in person or by proxy,
all the railroad stock owned BY the
county of which he is Judge in all the
elections held or made by the stcCkhold-
eTs of such railroads. Now it is mani
fest that said last act did not, nor was it
intended to vest the right, in the County
Judge of Davidson county, to vote ia
person or by proxy the railroad stock
Owned by Davidson county, because at
The passage of said act, there was an
established Board of County Commits
sioners in Davidson. The act by its ey-
press language applied alone to such
counties in the State, as then had q
County J0dge, but no established
BOGrd Of County Commissioners. And
by the provisions of SAID section 9 of the
act of 1852, such counties in this State
as then owned stock ii railroads, but had
neither County Judge nor an author
lied Board of County Commissioners.
the Justices of the Peace in the County
Court when in session have the right to
appoint a proxy to represent and cote
The stock Of the county in all elections
held by tie stockholders of the Railroad
Company. And by implication, from
the language employed in said section 2,
l inter the Legislature intended that the
Board of C.un.y Commits
s!Oners, in the counties having such Off
GERS placed over them, should vote in
person or by proxy the stock oEned by
suca counties. But the act does
not say so, except by implication.
And II 1t was insisted that it is an implied
repeal Of sec. 9 Of the act Of 1852. the !
answer is that the implied repeal Of
statutes are not governed in law; unless
Inc two statutes are 50 opposed to each
other, that they both cannot stand to-
gcther Blu, be said sec. 2 Of act of
Feb, 1869, an implied repeal of sec. 9 Of
the act of 1852 or not, as to such Coun-
ties in the State as then had = County
Judge but no established board of County
it is plain that the act
did not confer the right upon the County
Judge of Davidson county, to vote in
person or by proxy the stock owned by
the county Of Davidson.
Then the act Of Oct. %, 1869, chan.
8 page Z repealed the act creating the
Board OF commissioner for Davidson
county and abolished sail Offices, and re-
s'OTei the G ugty Court of Davidson TO
be held by the Magistrates Of the county,
with all their rights IS they existed before
tie date Of said act creating said B ard
Of Commissioners.
Now the question submitted, SO t.
speak, is narrowed down to a narrow
compass. II the said sec. 2 Of the act
Of Feb, 1869, lid not receive a new. and
different application and force from that
intended in its passage by The Legislature.
by reason Of the abolition Of said B5ard |
of Commissioners, then l submit |
there can be DO question in my mind that |
the Justices Of the Pace in the County
Court of Davidson were restored to their |
original right under the provisions of said |
sec. 8 of the act of 1852, 10 appoint the |
proxy to represent aud vote the st OK Of |
Davidson in all elections held by the |
stockholders. The laid act of October. !
1869, repeating the act creating said |
Board Of Commissioners and Testoriag |
The County and Quarterly Courts of Da- |
wilson county, to all their original rights |
rs they existed before the passage of said |
aw creating said Board of c mmission |
IT'S, think RENTED them to their Origi- !
nal right under said sec. 9 # the act Of |
1852, to appoint the proxy TO vote the !
stock owned by Davidson county in rail |
road corporations. In fact have great |
doubt whether that right was ever at any
line taken away from the County Court |
IF Davidson, for the reason before
stated.
Therefore decide that the Justices Of !
Davidson county when in the County
Court, and acting a. the County Court of
Davidson, have the right to appoint the
roxy to represent and vote the stock
owned by the county in all elections held
By the stockholders Of the railroad cOrpO-
-a'ionG
l may add, as showing clearly the leg
sla'iye intent in accordance with this
that the subscription
IF the county of Davidson to
he different railroads were made |
mdcr the ect Of 1852, ch. 1871, sections
2 TO 90 inclusive Cpage 275 of the print |
ID acts Of that session. Section 1G of |
his act provides ''That the stock so Ia |
ken by either of said County Courts shall |
belong to the county, and the dividends
which may accrue thereon shall cOnsti-
ute fund for county purposes, and may
be from time to time appropriated as a
majority Of the Justices Of the Peace |
for said county may IN County Court
direct"
By The Code l, 1852 it is provided that |
''The county or corporation may appoint !
a proxy, from time to time, to represent
the stock so subscribed in all meetings Of
the stockholders.
By The Code 4O2 it is also provided
hat every county is corporation, and /
tie Justices IN the County count as
are the representatives of the
county and authorized to act for it.
These provisions leave no room to
doubt that the Legislature intended that
the counry stock in railroads should be
county property, TO be controlled aud, SO
,I,,,,t b,y tho Trrutiaa1