Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-09
Third Day.


The court was called to order yesterday
morning at 1890 A. M, Judge Turner in
the chair.
Before proceeding with any of the regu-
lar business, Judge Turner read to the
court several extracts from existing laws
in reference to the proper method of cor
recting errors in regard to assessments OF
property for taxes. The Judge stated that
he had been induced to maze these re.
marks because, when he first came on the
bench, he had been told by the collector
Of taxes that Judges Glenn and Whitworth
had exercised the power of correcting er-
roneous assessments. Upon examination,
he (Judge Turner found that the power OF
correcting erroneous assessments belonged
to the Quorum Court and not to the Judge
of the County Court.
THE TENNESSEE AND PACIFIC RAILROAD.
Squire Paul addressed the court briefly
on the resolution before the court in re-
gard to the Tennessee and Pacific Rail
road. He said the question before the
court was not the honesty or dishonesty of
any of the managers of this railroad So
far as he was acquainted with Mr.. East,
Mr.. Demoss, Mr. KirkmaD, and so on, he
He concluded by moving to strike out the
preamble in Squire Maxey's resolution,
which was deba'ed at length on Tuesday.
Squire Baskette moved to lay Squire
Maxey's preamble and resolution, in refer
ence to the Tennessee and Pacific Railroad,
on the table, and called the ayes and noes.
All the members present voted in the af1r-
native, except three, and the whole mat
ter was laid on the table.
Squire Meacham then read the preamble
and resolutions introduced by him at the
January term of the County Court, pro-
viding that said court shall elect by ballot
four discreet persons, citizens of the
county, in conjunction with the County
Judge, who, when duly qualified, shall
constitute Board of Commissioners with
power and authority under the direction
of this court, to represent the railroad in
terest of the county in any and all rail-
road companies in which the county is a
holder, ard shall vote the stock of the
county. Squire Meacham enforced his re-
solutions in few remarks, in the course
of which he said he thought it very impor-
tant in view of the proposed action of the
State to litigate her railroad interests in the
Chancery Court, that the county should
have suitable BoBrd of Commissioners to
represent her interest.
Judge Turner said that if he had any
duties to perform he desired to discharge
them. 1t was proposed to elect commits
sioners TO aid the Judge in casting the
vote in all the railroads 1t was made the
Judges duty by the law to cast the vote,
and the former Judge of the county .ha
cast it. He intended to ascertain the. in
terests of the county; he feltgreat respect
for the County Court, but if he thought
the interests Of the people required it, he
would be compelled to disregard the in
struction of the County Court. Other
wise, if he thought he could lawfully fol-
low the suggestions of the court, he would
do so. But he could rot sit here aud see
the laws of the county tramplsd down, dis
regarded and annulled, when it was to be
done in his presence. In conclusion, he
stated that, before any vote was cast for
any railroad stock, he proposed to raise
commission of disinterestsd and eminent
lawyers, to see whether the right existed
In him or not to cast the vote of the county
Squire Meacham sad that he offered
the resolutions in good faith. His resolu-
tions did not strip the Judge Of any power,
but only proposed to lend the Judge some
assistance. He had always treated the
Judge and the Court with the highest re-
spect, and did not design to strip the Judge
of any power that belonged to him. But
he thought that the members of the County
Court, who were the representatives of the
people, had some voice in this matter.
He did not see why his Honor desired to
shoulder the whole responsibility, and not
let the Court take any of it.
Judge Turner" Simply because it is
the law"
Squire Meacham-"Then if it is the
law, your Honor has nothing to fear. No
sane man can suppose that this County
Court can override the law"
Squire Walsh said that he had personal
explanation tomake. He then stated that,
at the last session of the Legislature, a
bill was introduced, and was favorsbly
passed upon by all the members of the
Judiciary Committee, providing for such
change in the law as to allow the County
Court to appoint Commissioners to act in
conjunction with the County Judge. He
then stated that the bill was defeated in
the House of Representatives, on the
ground of an assertion made by some per-
son or persons that it would be taking
from Judge Turner some of the rights
that properly belonged to him. He
Squire Walsh was as far from making a
stab at the Honorable Judge Turner as any
man in the court or outside of it /; but he
would say publicly, in this court, that the
proposed bill was defeated in the Legisls-
ture on the propositi on that it would take
from Judge Turner some of the rights be-
longing to him.
Squire Gleaves here asked Judge Tur-
ner-"Didn't you say to me that you were
glad to have an expression of this Court on
that subject at the January term?"
Judge Turner said SO, but didn't
say how would vote; it was not proper
for me to say that.
Squire Walsh-Didn't the Judge state to
Squire Bowen that he was glad the County
Court had taken action on this question?
Judge Turner-At one time Mr.. Maxey
AID others said that law had been found
that took away from me the privilege of
voting the stock in the railroads. said I
was glad of it; but it was all a misunder-
standing about the other matter; 1 dis
claim having made the remark that was
bound by the vote.
Squire Baskette remarked that he offer
ed the resolutions at the January term in
good faith.
Judge Turner-Your action in that mat
ter was perfectly legitimate.
Squire Baskette then addressed the
Court, and in his remarks read the follow
ing as to what he considered the law:
IAN act to protect county revenue, and
for other purposes-Passed Feb. q, 1869.
Acts 1863, page 81.