Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-01-10

ByFAr. Roush-To regulate the grant
ing OF injunctions to stay the sale Of real
estate pledged for the payment Of money.
~ ar. 1aylor-T opreserFe the independ-
ence ofofieials Of the judicial and legisla-
i've branches Of the State Government. The
bill provides for the impeachment Of any
Judge or Chancellor Of any court In the
State, or Of any member Of the General As
sembly, who receives or uses a free ticket
or tickets over any railroad In this State.
Referred to the judiciary Committee.
By Mr.. Neal-To abolish the Office Of
Entry Taker.
By Mr.. Anderson-To empower the va.
rious revenue officers Of the State to gar
nishee persons indebted to delinquent tax
payers.
By the sa ce-To amend section 14S4.
chap. 2, Of the Code.
BY Mr.. McClain-To amend section
4Oi3 and 4014 Of the Code, fixing the num-
Der Of challenges in criminal prosecutions.
By The saihe-To preserve game in VIII
son county.
By Nh HaTis-To protect birds, max
ing it unlawful for any person to enter the
enclosure Of any one with net or foWling
piece, 10 net or shoot partridges, without
the owners consent.
By Mr.. Timberlake-To amend the laws
now in force in this State relative to the
sale Of spirituOus liquors on Sundays.
By Mr. Parker-To amend the road law.
By Mr.. Ledgerwood-TO enlarge public
roads.
By Mr.. Anderson-To require insurance
companies to deposit bonds with the Comp
troller.
ANOTHER sKRNnsH OVER THE COMP
TROLLERsHIP.
Mr.. Cooper moved to reconsider the vote
pOstPoning Senate resolution providing for
the election Of Comptroller and Treasurer
until Monday, the 18th.
Mr.. Head said the Constitution provided
that the term Of these officers should com
nence on the 18th Of January, though it
was true the Constitution provided that
they should hold over until their success
sors were elected and qualified. II was in
sisted by those who favored the postpone
ment Of this election that it was duty the
General Assembly owed the present in
eumbent, and this, he understood, was the
only ground insisted upon. If it was a
duty they owed to one candidate, they
owed the same duty to all Of them. He
insisted that it was the duty Of the Gen
eral Assembly TO proceed with the tranSac-
tion Of its business, and not be brought to
a s,and-Still in order to advance the inter-
ests Of any candidate. Il was the duty and
privilege Of the Comptroller to have made |
known to the public the evidence in regard |
TO the matter, if he had any, in order 10 |
have convinced the members Of the Gen |
eral Assembly and the public of the falsitY /
or truthfulness Of the charges preferred.
MIR. Noblitt insisted that it would be /
lei s7,,f -
Of Tennessee TO preCipitate the election i
upon the General Assembly at once. There
were several candidates here from different
sections Of the State, and he supposed the
delay was costing them something.
Mr. Cooper said that, although he had
moved to reconsider, he had done il in
spirit of kindness, but he would vote as he
had previously done-for the pOstpOnement
Of the election. He would raise this
query: Say that they should 90 into the
election Of Comptroller as indicated, and,
taking the worst hypothesis as to the truth
Of the alleged purchase Of the COmptrOl-
ler's office by the present incumbent, and
he should be put out Of Office, could the
punishment be inflicted after be was out Of
Office? He did not think il necessary to
carry the election of Treasurer over with
that Of Comptroller.
Mr.. Finlay understood that, as Repre-
sentatives Of the State Of Tennessee, they
were not to be bound by the acts OF inter
ests Of individuals; he did not understand
that the Constitution which they were
sworn TO support, was TO be laid aside on
every occasion; he did not understand that
they were to 90 out and investigate the
characters Of men, 10 see whether they were
fit for Office OF not. II would make no diff
ference what report that Investigate ing Com
mittee would bring in, this House had
nothing - 60 with the conduct Of the
Comptroller, before he entered upon the
duties Of his Office. 1t belonged to another !
tribunal. In justice to the Constitution
and in justice TO the interests Of the peO-
pie Of the State, be would ask that the
House proceed with the election.
Mr.. East was a little surprised, after the
deliberate vote Of the previous day, that
The question should be agitated again. The
House had put a gentleman, who was a
candidate for Comptroller, on trial by a res
olutiOn which it had adopted. II
had blackened his reputation; and
now were they willing to relieve him
Of it if he was innocent of the charge?
Were they willing to charge a man with
crime and misdemeanor that would blacken
his memory and that Of his family, and
hen not give him any fair chance to ex-
onerate himself? BE did not know who
would be involved in this transaction. He
noticed that the words 'SOther persons" in
he resolution had created considerable |
and had caused some disap-
from around the Capitol and the
Obby. BE wanted to know = no was con-
,erned in the matter directly or indirectly.
II il should turn ont 70 be a citizen, he, for
)ne, was willing 10 90 to the last verge to /
punish him. He wanted to wait until the
report of the Committee was made, and if
L should prove that the present incumbent
was stained, be would move his impeach-
nent in this House, although he was one
If his constituents, and he would |
move the punishment Of every other !
nan connected with the affair. If
hey could not punish them, they
,Ould make them a monument of infamy
md public .scOrn throughout the s. ate by
giving the facts Of the case. That would !
De punishment sufficient. The present in !
,umbent could furnish no proof, and could |
not summon witnesses; but, if be recol-
eeted Alright, card appeared in a news
,apeT denying the charge in express terms. l.
The Constitution did not say that the cleo
ion should take place on any particular !
lay. They could postpone il to any day
hey chose, for they had full and complete
to do so.
Mr.. Anderson moved to lay the motion |
o reconsider on the table, but afterwards
his motion.
Mr.. Gibson called attention to the law
which, be said, required that, previous 10
he election Of Comptroller, the Legisla-
ure should carefully examine the
accounts Of the incumbent and
ettle with him. With that
aw upon the statute books, the sureties of
he Comptroller signed his bond. The
legislature had not examined the accounts
If the Comptroller and had not settled .
With him. Suppose they should 90 on and I
,lect Comptroller, what would be the LEGAL
fleet Of that action? Ia his opinion. il {
would amount to a declaration that their c
accounts had been settled. Even if a sub- !
,equent investigation Of the accounts
,hOwed malfeasance, defalcation or other -
Indebtedness TO the State, he insisted. as a
egal proposition, that the sUreties of the ]
Comptroller were discharged. He under !
TODD that there was now a suit pending in /
he Chancery Court Of Davidson County. 5
brought against the sureties Of a former
whose successor was elected in