Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-02-05
A UNIQUE CASE.
Teehnfcauties Oserrnled 81 The su.
Rt6nie Court. .

N-CIuC SOuEl-
An opinion has been rendered b the Su-
preme Court within the past few days which
will be of interest to the legal profession,
an abstract Of which is as follows;
Wesley Speck wes ii.dicted in the Cir
cult Court Of Moore county for the murder
of John Jean, and found guilty of murder
in the second degree and sentenced to 20
years confinement in the p~enitentiafy.
from which decision he appealed to the Su-
| preme Court. The question on which a
reversal. was asked for arises upon the fol-
lowing factsi
The homicide was committed within the
boundaries of Moore county as, established
under the. act passed in December, 1871, for
The establishment of that county. But
proof was made to show that the killing
took place at a stillhouse which is less than
eleven miles from Fayetteville, the county
seat Of Lincoln, from which that portion OF
| Moore was taken, and it Is insisted that al
though the killing took place IN Moore
| county as Organized, yet that place is really
in Lincoln county, because of the %unconsti-
tutional running of the west boundary line
of Moore county.
The Circuit Judge charged the Jury that
the offence was triable in Moore county. If
it was committed within the organized
boundaries OF Moore county and in the
territory over which the county was ac-
eustomed to exercise jurisdiction by the
collection of taxes, etc, no matter how
near 1t may have been committed to Fay
| etteyille.
1t Is not denied thai Moore county has
been organized as a county, and as such is
exercising jurisdiction over the territory
embraced within its boundaries as organ
lied, and that the killing took place in tie
county so organized. But it is insisted
that the court erred in instructing the jury;
that, under such a state of facts, the offence
was triabie in Moore county. II is said
the action o the Legislature and the action
OF the Commissioners in fixing the western
boundary of Moore county within less than
eleven miles of Fayetteville, were null and
void, and, therefore, that the place of the
killing was in Lincoln county and the trial
Illegally had in Moore county.
The power to establish new counties is
expressly conferred on the Legislature SAYS
Chief Justice Nicholson in his opinion. but
in exercising this power, there is an ex-
press prohibition against establishing any
line of such new county nearer than eleven
miles of the courthouse of the old county.
The county of Moore was thus established
in 1871, under this provision of the Con-
stitu'ion. 1t was made up of fractions Of
Lincoln, Coffee, Franklin and Bedford. and
its boundaries specifically set out in the act:
but the commissioners appointed to organ
iZe the county, were empowered HtO make
any Change in the lines of the county, il
found necessary, so as to conform with the
requirements of the Constitution of the
State" They were to have an actual sur
vey of the county made and an enumera-
ton of the qualified voters in its limitsi
and also to ascertain nv actual SURVEY
whether an old county will be reduced be-
low 500 square miles.
Upon the face of the act there is nothing
from which it could be inferred that the
constitutional requirements were violated.
On the contrary, every reasonable precau-
ton was taken to avoid any infractiun of
those requirements, and hence the legal
presumption is that the act is constitutions
al. The county was organized under this
act, and, as an established county, was
claiming and exercising jurisdiction over
its territory before and at the time of the
killing and down to the trial.
"UpOn this state of facts" continued
Judge Nicholson, I'VE are bound to hold,
that when the commissioners executed the
powers conferred on them, and the county
was organized in pursuance of the statute,
the county was established and became a
political corporation of the State, and
neither a court of chancery nor a court of
law had power to inquire into the validity
Of the act for its establishment. Where
nothing appears on the face of an act, SHOW
ing its invalidity, it is to be regarded,
priHdt dcie, as valid"