Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-03-16

Il seutallVos Oh Tue cuuutlce, ~ COkpOEAeo VI
quasi corporate communities, is, as we
think, most clearly recognized and neces-
sary for the performance of the duties
imposed in the Constitution; that no
| Legislature of Tennessee, or any body
short of q Constitutional Convention, can
change, or alter, or abolish this establish
ed order of things. This having been at
tempted in this case, and the law having
no other purpose, if this purpose fails,
| the whole law must be treated as q nullity
| and declared void.
We do not mean in this opinion to ad-
Judge or decide anything upon The ques-
ton of the organization of special courts,
or of tribunals of any kind in counties,
such as special criminal courts, bat to
| conhne this opinion to the simple ques-
ton of the power of the Legislature to
overturn the local government, so to
speak, of county, displace the assem-
blage of the recognized organization rep
resenting the county, to whom duties are
assigned by the Constitution, and place in
its stead other organizations, unknown to
our past history up to the passage of the
law of which the act of 1858 is part,
and never contemplated by the Constitu-
ton, nor purposed or provided for in that
instrument.
The next view of this question, is
whether this law, and the others of its
class, is the slaw of the land" under
sec. 8, art. l, of the declaration of rights
under the constitution, or general law
under art. IL, sec. 7, of the constitution.
The first article referred to is, ''That
| no freeman shall be taken or imprisoned,
or disseized of his freehold, liberties or
| privileges, or outlawed, or exiled, or de-
prived of his life, liberty or property,
but by the Judgment of his peers, or the
law of the land"
Art IL, sec. z, is, "The Legislature
shall have no power to suspend any gen.
eral law for the benefit of any particular
individual nor to pass any law for the
benefit of individuals inconsistent with
the general laws of the land; nor to pass
any law granting to any individual or
individuals rights, privileges, immunities,
or exemptions, other than such as may
be, by the same law, extended to any
member of the community who may be
able to bring himself within the provi-
sious of such law; provided, 0Ls00ys,
the Legislature shall have power to grant
such charters of incorporation as they
may deem expedient for the public good :"
We turn to the leading provisions of
the law in question, and see what is pro-
posed to be done by it, in order to ascer-
tain whether it comes within and is OBJ
noxious to these great fundamental pro-
| visions of our constitution. If so, it
deserves and must receive, our prompt
and unqualified disapprobation, and be
declared by us, in discharge of our con-
stitutional function, absolutely void.
BY the 1st section it is provided, in
substance, that ''there shall be established
for the county of Madison (and by the
18th section the general provisions of the
law are extended to White, and by differ
ent sections to other oounties) Board of
! Commissioners, to serve three years, who
shall have resided in the county one year,
each to serve for three years, and until
their successors are elected and qualified,
except in cases of appointment as here
matter provided. That one of the
| Commissioners is to be elected by
the qualified voters of the county
on the first Sunday of March of
each year; the first election to take place
in 1869, and annually thereafter; until
such election takes place, the said com
missioners shall be appointed by the Gov
ernor of the State, who shall designate
in the commissions to be issued to each
of said board, the period st which their
terms shall successfully expire, ETC.; the
last named, that is the one whose commits
sion is to expire in 1871, to be the Presi-
ident of said board, till the term of his
Office as commissioner expires; after
| zrhich oaoh number of said board shall
be President thereof from the commence
ment until the close of the last year of
the term of his service. By section 2,
in case of vacancy by death, resignation or
removal of any one of said commission
ers, his place shall be filed by appoint
ment by the board, until the next annual
election by the people. By Sd section it
is provided the commissioners shall give
bond and lrities in the sum of $4,000,
and take an oath of Office, such as is
required to be taken by other county Off
GERS. By section 4, this board is to hold
four sessions annually at the county seat,
at the times now prescribed by law for
holding tie regular Quarterly Courts Of
these counties. The Clerk of the County
Court shall be Recorder of said board
and perform the duties now required to
be performed by him as Clerk of said
Quarterly Court By 9Th section, 'tall
powers and duties which are now vested
in and performed by the Quarterly Court
of said county, shall be vested in said
board of commissioners; and in addition
to the powers now conferred by law, the
said board shall have authority TO insure
the public buildings and OTHER property
of the county; to order and contract for
surveys and maps of the county; to pro-
vide for payment of expenses and fur
nishing court rooms; to establish grades;
to purchase record books; all necessary
stationery for their own use as board,
and for the clerks offices and other courts
in the county; to provide for the compen-
sation and expense of jurors as fixed by
law; to appoint an attorney for the county,
whose duly it shall be to prosecute and
defend ali suits in behalf the county, ad-
wise the commissioners on legal questions;
to inspect and examine all bonds of other
officers of the county, prepare
blanks to be used by said COM
missioners, and other necessary matters
within the sphere of his duties, which
may be required of him by said board
to appropriate money for their own sala-
ries and the salaries of other county
officers; to subscribe stock in railroads,
which the county of Madison had been
authorized by general or special law to
subscribe, and to represent such stock in
all elections for directors, and to provide
for payments of subscriptions as made.
No money shall be drawn from the treas
ury, except upon warrant by the Presi
dent of said board of commissioners, and
countersigned by the Clerk of the County
Court; and the said commissioners are
hereby vested thus with all of the powers
heretofore vested in the County Courts
by sections 4,206,ss7, II, IL, 13, IA and
4,215.
By section 6, the Magistrates of said
county shall be, and are hereby, relieved
from all duties and obligations incidental
to their Office as members of the Quar-
terly Court of said county.
The compensation for the President of
the board is fixed at $500, and the others
at $500, payable out of the county treas
ury.
The first thing that strikes US on look