Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-16
HUNTINGTON'S.
No. 81 North Summer Street,
NEAR UNION.
febo eoitIjangI2
The County Judge and Magistrate
EmbrOgliO.

Iuasmuch as much speculation obtains
| in this community as TO the question Of
authority, raised by the Comfy Court Of
Davidson, some days since and pubi4hed
in the city papers in proceedings Of said
Court, as to the Judges right and duty to
cast the vote for the countys stock in the
several railroads, for Directors, we have
thought it proper to examine the law for
ourselves and our own satisfaction, rather
then with the hope or desire to convert
any one to our opinion We see 1t stated
10 your paper that the Judge and the mag
istrates have agreed to leave this as a
question # law to five distinguished law
yers, to-wit E. II. Ewing, W. f. Cooper,
N. ). Brown, judges Baxter and Gaut,
whose decision will settle it in the minds
Of all, however they may differ In the pre-
misses We by no means propose to anti
cipate their verdict or to instruct them in
any way, but only desire to submit our
views for what they are worth:
We hear it stated that the law of 81 and
so vested the power on the Magistrates of
the county to cast the countys vote Of
stock for Directors, and not having seen
the Law We will assume that in 1852 such
was the law.
1868, passed AN act to establish a Board
of County Commissioners for the county
of Davidson" RepeaI'Hg all laws pre-
viously passed, and putting the power in
the Board of Commissioners, with sGi-Rble
fees, etc, etc, for,same, who acted IN the
premises In 1853.
On the 27H. february, 1869 Csee sec. .,
page %, acts 659.) The Legislature
passed this act:
''S 2. That in al counties Of the State
uHers no B1Grd Of County Com
nisSi0nershGCe been established % sAa4
be the duty Of such County Judge 10 U0te
either IN person or By PROXY all tie railroad
stock 01cHed By the county Of tshtch hs .
.Jlidqe IN al elections held or made ~ The
stockholders Of s1tch railroad So. ~Ibat
all la1s IN conflict Nth the provisions Of
this act be and the same are heTG5y 70
peaged, and that this act TAKE G'sct tr071
md utter It's passage.
In accordance with this law, the County
Judge Of Davidson cast the vote Of county
stock In 20 IL not 90. The law ihen
stands thus on the 9th February, 90.
Has it been altered or repealedE Let rs
see. October %, 1869, eight HIOEtts after,
the Legislature passes this law-Page Z,
Acts 1S69-7O, section THAT chapter %,
Acts of Tennessee, passed March II, 1s5S,
entitled AN act to establish Board OF
County Commissioners for ths county Of
Davidson" be and the same Is hereby re-
DenJed. Oct %, so. The Law then ab0lshes
the County Commissioners IN October,
80, so that in February and March Of IL,
mo Board of County Commissioners have
been Cor can be- established, bit the In
peratIve duty and command to the County
Judge still stands unrepealed and unchal-
leuged until within few days. Sometime
in January a bill was introduced in the
qa1qe LEGISLATURE that passed the acts OF
February and October, 80, prO9oHOg TO
take from the County Judge this power
and put it in the hands OF COmInlsslonerS,
and they refused to do so with wonderful
unanimity, thus as it we're constituting and
endorsing their law of a previous se5.l ion
We need not stop to ask the why or
wherefores of their action. Inc fact Is
all We can deal with
The right or wrong is not question for
our consideration. Is it the law We
find it upon the statute books. We know
Of and can find no repeal Of this law Inc
Commissioners have been selected from
the act aud abolished, but the Judge stands
forth in the same act clothed IN the legal
panoply Of power and imperative duty.
No power hss been delegated to the
MAGISTRATES by the Legislature, author1z-
ing the use of this power, or OF dividing
the commissions that by law attach to TINS
dntv. nor have we any kI Owledge Of mis-
rent legislative right in the court to take
this Judgment or duty upon themselves,
O1r Conclusion. therefore, Is inevitable
that the right coupled with the duty, l
9TH the County Judge. We shall De
Tleased to be ADVISED of authority differing
from our view.