Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1872-02-14
1 THE RAxrER LIBEL gsuITS /


Hon. 4. L. Hall, fof the Circuit Court, was
engaged all of yesterday hearing the argument
upon the motion Of the defendants to divide the
libel cases of Col. Baxter, according to the late
law procured from the last Legislatlre. lt1l
The argument for the motion was. opened by
Hon. George Andrews. He said he had not
had ms much time for preparation as desirable:
His remarks were very brief and addressed
solely to the point that the law ms passed per-
tanned alone to the remedy and not to the right
Of plaintiffs actions. lIo cited authorities to
show that laws of this character had frequently
been enacted aud sustained by the courts, and
produced authorities.
COL. BAxTER's ARdvMENT.z -
We will not attempt in the brief space We
can give 70 this subject, to give the substance
even OF Col Bakers argument which was ex-
haustive and able. The main points he pre-
sented were, that the law was in contraventon
of two provisions of the Constitution. OF Sec
ton Il OF the Bill of Rights which provides
for an injury done him in his lands, goods, per-
son or TepUtdtion shall have remedy by the
course of law, and right and justice administered
without sale, denial or delay"
lie admitted fully the power of the Legisla-
ture to pass laws changing the remedy given to
parties for wrongs committed, 1ororided such
laws did not clog, hamper or e,nbarrGSS the
remedy it existed at the timethe wrong was
inflicted. The right to sue for an injury done
to person property or reputation was vested
right fixed and certain the moment the injury
was complete. Any law that took from the in
jured party, any material part of his right to
sue, or hindereG, delayed or embarrassed his
remedy was in violation of our organic law
and the court was bound SO to adjudge Laws
might be passed to change forms of action, to
transfer causes from one court to another, but if
they impaired the remedy or right, by subst-
tuting one less efficient, more dilatory, they
were null and void Laws changing the reme-
dy. making it more efficient or speedy were
valid because they were in atfirmance of right
| wi bp
found to be based entirely upon this principle.
In support of these positions, Mr., Baxter pro-
duced nun erous elementary authorities and de-
cisons OF our own and other courts. The Constiu-
| ton ofTennessec was broader in protecting these
| rights and privileges than many others that
only prohibited legislation mpairing the obli-
cation OF contracts Of this latter class was the
| Federal Constitution.
Article VI, section g. of the Constitution pro-
vides that the Legislature shall not pass any law
for the benefit of individuals, inconsistent with
! the general laws of the land. Mr. Baxter con-
tended that the law under consideration was for
! the benefit specially of the defendants in the
cases at bar and were inconsistent with the laws
of Tennessee in force at the time Of the libels.
By his suits pending he had cemcnted his
remedy with his right of action and no new
| conditions impairing either could now be i'm
posed Did this law delay or impair his rem
| edy When he brought his suits the law en-
! abled hiIl to sue all the joint libelcrs, in one
suit i'll this county with reasC nable expense and
| delay, If he recovered II judgment he would
be entitled to it jointly against all the defend
ants and for sum equal to the damages in
| hicted by the most culpable. He could satisfy
| his judgment by the property of any one who
| had any. But by this law he had seven suits
| instead of one-seven times the, expense and
trouble ihe had under the old law. Would
any one say his remedy was not impaired by
the new law? ..a
Under the old law the defendants had ex-
hsusted all their legal continuances and ac.
| cording to the practice of the court they would
be compelled to try at this court. But under
the new law, he had seven nelC Suits to be be-
gun at the pleading, and, therefore, the defend
| ants in each case, might delay trials for years
| by pleas in abatement, in bar and domurrers
| Would any sensible man claim, therefore, that
this new and special law did not clog, e,nJor-
RAGS or delay his remedy Blythe old law
his joint judgment If he recovered, would have
enabled him TO satisfy it, if possible. out of
seven defendants. But this new special legisla-
ton divided his remedy, made him have sever
al Judgments and what was worse than all, gave
| him only one defendant, out of which property
to make his Judgment, for in torts the law COM
PEELED him to elect and say which one he would
proceed against and Satisfaction Of this one
Judgment " as a satitsction Of all The new law
gave him Just one-seventh of q remedy, where
the old one gave him full and complete one.
Was it not therefore irpairing his remedy and
depriving him of his vested right and action
he cited other special and partial features Of
appeal to tho court to stand up as barrier
and protect private citizens against such spec
ial. dangerous and unconstitutional laws. He
was appealing, not for himself, but for princi-
pie that was vital to the liberty of the people,
and that was of more value than a thousand
lives like his. He was arguing against a law
that might Cypress every citizen and that
was as unconstitutional and dangerous as II was
unjust, malicious and petty
THE LAW CNCoNsTITUTIoNAi.
On Wednesday morning Judge Hall, after
hearing Col. Crozier and Judge Brown in reply
to Col Baxter, stopped further argument He
said it was plain to his mind that the act SO
far as it related to dividing up plaintiff suits,
making some tperty suits out Of four or fire was
clearly unconstitutional and rod and he was
bound so to hold. He therefore refused to al
: low the motion to sever and granted defendants
in all the cases the right Of appeal TO Supreme
Court, which was done The defendants have
} been thus rebuked by the Court for their special
legislation, but have secured some delay &c
!, plaintiff. .a.e.fE- sE #rs
MRFyViIle Items.
Its all oyertown, jane" said wag to a
young lady on a certain occasion. Whats all
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