Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-04-23
THE RAILROAD LAW.
Il a., tee, Unconstitutional PA Qaes.
fiOn worthy she Confederation
Of the states Attorney
General.
From the Knoxville Press and Herald

HEssas. EDrToRs-I have been carefully
reading the acts Of the recent legislature, as
they nave daily appeared in your columns,
win n view OF keeping myself IN a condition
not 10 offend through tuexcusable ignorance
OF the law. duo an ''aCt" in Uu-dsy's esS
aud Herald that puzzles me. Il has no cap
ton, and does not in any part OF it, state
what crime II seeks 10 pUnlsh. The only thing
the public can learn from read ng the act Is:
BE II enacted by the general assembly OF
the state OF Tennessee, that II snail De the du-
~ OF the circuit ana criminal judges OF this
, ate 10 give IN charge 10 the grand juries Cf
their several districts, the act of February 8,
1850, chapter ALIII, section /; and the act Of
November ., 100, chapter TX, sec ion IO;'
and 50 that "lt shall be the duty OF the
grand jury TO send for persons OF papers
where they have reason o believe that there
has been violation OF either OF Eaid acts a"
now a. this seems To aoufeT new lnQuisi-
torial power upon grand turies, am anxious
ls know 70 what new su Dject the new power
applies, Not being the poSsesSor OF 4 iRI
library, nor the next GoOT mel ghbOr OF law
yer or a circuit or criminal court clerk, Will
thank you and no doubt many of yO1r read
ers Will join me in thanking you II you will
made in the new act by chapters. What sort
OF a masked battery" IS it"
APEIL 10. 1915. CITIZEN.
The act to which our correspondent
refers, appeared in the Press and Her
aid precisely as furnished by the secre-
ta'y OF state-without caption or title,
or further explanation as to its objects.
We understand, however, that there is
no error in the secretary Of states copy,
which accurately represents, in full, the
official copy as signed by the governor
and now on file il the secretary's office.
We are further advised that the official
copy Of the law corresponds precisely
with the original bill as it passed
through both houses of the legislature.
The bill Dever had a caption or title, e,and
its real purport, we are told, was not I'M
derst00d, therefore, by any considerable
number of the members, until it had
reached its final reading in the house.
1t will be found upon examination
that the sections OF the acts OF 1850
aud 1865, referred to in the new act,
make il a misdemeanOT in railroad COM
pauies 10 make unjust discrimination in
their freight charges. We have not the
acts at hand, or We would quote
the sections in fall. In a word, how
ever, the real purpose of the new act
or masked battery" as our correspond
ent styles it's to confer upon grand
juries the right 10 make inquisition con-
cerning the business of railroad COM
psnies, with power at any time to have
their officers, books, freight bills, etc,
etc brought before the juries for exam
inatiOn. Under former laws, the rail-
gUad companies were amenable to the
circuit and criminal courts, aud liable
TO prosecution by any person who might
feel himself aggrieved by any unjust
determinations against HIM. But the
effect OF this Lew aCt--if it is 20 be
considered law st all-is to place rail-
road companies IN the same category
with gamesters, carriers OF concealed
weapons, Illicit retailers Of mean whis-
KY, and distuTbers of public worship
Not even the keepers and frequenters of
bswdy-houses are subjected TO q like hu-
initiating surveillance. The occasion
tempts US to further remark, but it's
hardly necessary. Section Il of article
II Of the constitution of Tennessee pro-
vides:
No bill shall become a law, which en-
braces more than OIL g subiecI that subject 10
be expressed in the title All acts which re-
peal, revive or amend former laws, shall re-
cite in their caption or otherwise the title or
substance of the law repealed, revived, or
amended.
1t will be seen that a "tile" or "cap.
tiOn" is essential to q law. Without it,
an enactment of the legislature is mere
lifeless body, without head. 1t is also
plain that an amending act, which does
not recite in its caption or otherwise the
title or substance of the law to he
amended, is mere brutun1 .ttll1ne1. In
both these respects the "actn under dis
cussion is fatally defective, and the very
necessity for our correspondents inquiry
illustrates most forcibly the wisdom Of
those constitutional provisions which
have been so notably disregarded or de-
fled by this enactment. If we are cor
rect in our pOsitiOGs-as to which ne
think there can be no quesliOn-the
courts of the State will pay but little
obedience to such void enactment; and
cur railroad companies, while still liable
As before, will be spared the gross an
nOyances that would be consequent upon
such spiteful persecution as that de-
signed to be set on foot.