Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-22
OUR RAILROAD INTERESTS.
The Opinion of the Lawyers.
The Commissioners to Cast the
Vote of the County.

| w huOJner L, as y utlg6 Oh SAlu CDuTl, nav
the sole and exclusive power to vote tn
stock of the county in the different rail
roads, or whether the court has the RICH
to elect "BOard of Commissioners +
cast such vote. We most espectfull
ask your legal opinion of the law, at a
early day as will suit your convenience
Yours, very respectfully,
w. K. TURNER, Judge, etc.
w. F. Meacham, T. Il. Childress, B. F
Gleaves, ]. S. c. Davidson, Commission
ers.
| Hon. W. X. Turner, W. F. Meacham, F. II. Child
ress, d r. Gleaves and ]. s. q. Davidson, Com
misslOnecs:
NASHVILLE, Feb. 81, 1S71.-Gentle
| men: Your note has been received. re
questing the opinion of Pon. E. II
Ewing, Hon. w. f. Cooper, Gov. Neil
). Brown, Ed. Baxter, Esq, and myself
| as to who has the right to vote, or ap
point a proxy to represent and vote thu
railroad stock owned by Davidson county
in railroad companies at elections helC
by The stockholders of such corporations
The act of the General Assembly Of
Tennessee, passed the 22d of January,
1852, page 16l, authorized counties in this
State, under certain conditions and re-
str,ctiOns, to subscribe stock in railroad
companies. Sec. 9 of said act, vests the
right in the County Courts of such coun.
ties as may subscribe stock in railroad
companies according TO the provisions of
said act, TO appoint proxy to represent
and vote the stock subscribed in all elec
tons held by the stockholders of the
railroad company. What is meant by the
County Court in said section 8 is the Jus
tees of the Peace in the County Court,
have the right to appoint the proxy to re-
present and vote the stock subscribed and
owned by the county, as l understand it.
And at hepassage of said act there was no
such officer in this State as County Judge.
1t oul y remains now to be seen, if by any
subsequent legislation, the right 10 a1-
point the proxy to vote the stock owned
by the county of Davidson, has been
taken from the magistrates Of the county,
in the County Court, and vesei in the
County Judge OF shy other officer.
A general statute was passed by the
Legislature of the State of Tennessee on
the 22d Of February, 1856, chap 253,
page oil, providing for the election OF
County Judges throughout the State.
Sec. + abolished the Q forum Cruris in
such counties as elected County Judges
and vested in such ju ges when elected
and qualified all the power and iurisdic-
ton of the Quorum Courts; but contrn-
ued the Quarterly Courts of the counties,
and made the County Judge elected the
Chairman of the Quarter,y CoU:s Of his
county
SEC. 6 made many important changes
in the law. 1t abolished all jurisdiction
and power of the County Court, and
transferred the same to the County Court
to be held by the County Judge, over ad-
ministTatOrs, executors, guardians, wards,
trustees, wills, dover, and partition, sale
or division of lands and negroes, and of
all tcstamentsry and adminislIa i've mat
taTg or suaj cts connected herewith; and
of lulaCy. All other matters over which
lie County Courts had jurisdiction re-
mined uEdislurbed ard which nav be
found in the Gods under their aporo-
pirate headings. SC. S eBsctrd
that the County Judge should be
the accounting officer a1d general agent
Of the county, and as such, should have
power and it was made his duty: l, 10
have the core and custody of all the
county property, except such as was by
law placed in the custody of other Off
GERS; 2, TO control all books, papers and
instruments pertaining TO his Office; 3.
to audit all claims for money against the
county; +, to draw ADD seal, with the seal
of the County Court, all warrants upon
the county treasury; >, to audit and settle
the accounts Of the County Trustees and
those Of any other collector or receiver
of county revenue, taxes, or income pay
able il the county treasury, ana those of
any other person entrusted to receive or
eXpend any money of the county, and to
require said officers or persons to render
and set lc their accounts as directed by
Law, or the authority under which they
NAV &C.; 6, to enter in q book, to be
known as the warrant book, in the order
of issuance the number, date, amount
and name of the drawer of each war
rant drawn upon the treasury; z, to keep
8 suitable book and account of aIlreceipts
and disbursements of the county and of
the assets Of the county, ana generally.
to superintend the financial concerns of
the county, etc, etc.
l have copied the foregoing from
said S.h section, of said act
for the purpose of showing that
those important powers and duties reDOscd
upon the Co1nty Judge by said eighth
section are ministerial duties and powers.
and The same, as then and nor, exercis, d
by the Chairman of The County Courts IN
those counties, that then aad now have
no County Judge; while the subject mat
tiers referred to in section 8, are subject
matters of jurisdiction and the action Of
the County Judge in reference thereto,
are judicial in character. Aud so it is
with the County Court in those counties
where, then and low, there is no County
Judge, the County Court has jurisdiction
over those subject matters and their &C
ton thereon is judicial action and not
merely ministerial. And in addition
thereto, those County Courts have juis-
dictiCn over mary other subjects of an
important and public nature, which is not
taken away, even in those counties where
there is a County Judge.
C,unty Judges elected under said
statute HID their offices but for a brief
period. The act of Nov. I, 1857, Chap.
5, page 3, repealed said act Of 1856, and
abOli2hed al the Offices Of County Judge
in the State, and restored to the Quarterly
and Quorum Courts all their former iuris-
diction and powers. But this state of
things was destined to a short duration so
far as five counties in the State were con
cerned.
On The 18th of February, 1898,
chapter 80, page 46, a special
statute was passed providing for
the election of County judges in D8-
wilson, Shelby, Knox, Mortgomcry and
Williamson counties, leaving the County
Court system of the State in full force and
operation in all the other counties in the
State. Sections AMI of said last
statute are almost literal copies of
said sections 6 and 8 of the act of 1856,
which l have quoted at length in this
opinion, tby which it will be seen that
in the County Judges elected and
qualified under said special statute of
1858, for said counties of Davidson,
Shelby, Knox, Montgomery and William
son, are clothed with the same jurisdic-
ton end ministerial powers as were the
County judges elected under the act IF
1856, but no more or less; and the County
Courts of the same counties retained sIl