Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-04-25
DUB RAILROAD INTERESTS.
The opinion Of the Lawyers.
The Commissioners to Cast the
Vote Of the County.

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railroads, Or whether the court has the rigi
to elect a aboard Of Commissioners e
cast such vote, We most respectfully as
your legal opinion Of the law, at as early
day as viii suit your convenience.
Yours, very respectfully,
W. 4. TURNER, judge, etc.
W. F. Meacham, E. II. Childress, B. 7
GleaYes, ]. S. G. Davidson, Commissioned
Hon. W. K. Turner, W. T. Meacham, E. 3
Ohildress, BIZ. Gleaves and j. s. Q. David
son, Commissioners
NASHVILLE, Feb. p, 1S71.-Gentlemer
Your note has been received, requestin
the opinion Of Hon. E. 81. Ewing, Hon
W. F. Cooper, Gov. Neill S. Brown, Ed
Baxter, Esq, and myself, as to who has tn
right to vote, or appoint a proxy to repre-
sent and vote the railroad stock owned b.
Davidson county in railroad companies a
elections held by the stockholders Of sucl
corporations.
The act Of the General Assembly O
Tennessee, passed the 22d Of January
1852, page 161, authorized counties in THU
State, under certain conditions and restric
tions, to subscribe stock in railroad cOmpa-
MES. Section 8 of said act vests the righi
in the county courts Of such counties as
may subscribe stock in railroad companies
according to the provisions Of said act, tC
appoint a proxy to represent and vote the
stock subscribed in all elections held BY
the stockholders Of the railroad company,
What is meant by the County Court in
said section 9 is the Justices Of the Peace
in the County Court have the right to ap-
point the proxy to represent and vote the
stock subscribed and owned by the court,
as | understand If, and at the passage of
said act there was no such officer in this
State as county judge.
II only remains now to be seen If, by
any subsequent legislation, the right to ap-
point the proxy to vote the stock owned by
the county of Davidson has been taken
from the magistrates Of the county, in the
County Court, and vested in the County
Judge or any other officer.
A general statute was passed by the Leg
islatuTe Of Tennessee on the 22d of FebTu-
airy, 1856, chapter 253, page 511, providing
for the election of County Judges through
out the State.
Section 4 abolished the Quorum Courts
in such counties as elected County Judges,
and vested in such judges, when elected
and qualified, all the power and Jurisdiction
of the Quorum Courts, but continued the
Quarterly Courts Of the counties, and made
the County Judge, elected the chairman Of
the Quarterly Courts of his county.
Section 6 made many important changes
in the law. 1t abolished all jurisdiction
and power Of the County Court and trans
ferred the same 10 the County Court, to be
held by the County Judge, over admins
traitors, executors, guardians, wards, trus-
tees, wills, dover and partition, sale OF d.
vision Of lands and negroes and of all testi-
mentary and administrative matters or sub
jects connected Herewith, and of lunacy.
All other matters over which the County
Courts had jurisdiction remained undis-
turbed, and which may be found in the
Code under their appropriate headings.
Section s enacted that the County Judge
should be the accounting officer andgeneral
agent Of the county, and as such
should have power, and it was
made his duty, first, to have the care and
custody of AL the county property, except
such as was by law placed in the custody
Of other officers. 2. To control all bonds,
papers and instruments pertaining to his
Office. 8. To audit all claims for money
against the county. 4. To draw and seal
with the seal of the County Court, all war
rants upon the county treasury. 3. TO
audit and settle the accounts of the county
trustee and those Of any other collector or
receiver Of county revenue, taxes or income
payable in the county treasury, and those
of any other person entrusted to receive or
expend any money Of the county and to
require said officers or persons to render
and settle their accounts as declared by
law or the authority under which they may
act. 8. To enteri in a book to be known as
the warrant book in the order of issuance
the number, date, amount, and name of the
drawer Of each warrant drawn upon the
treasury. Z. To keep a suitable book and
account of all receipts and disbursements
Of the county and Of the assets Of the
county, and generally to superintend the
financial concerns Of the county, etc, etc.
have copied the foregoing from said Sth
section Of said act, for the purpose Of show
ing that those important powers and du-
ties imposed upon the County Judge by
said eighth section, are ministerial duties
and powers and the same as then and nOg
exercised by the chairman of the County
Court in those counties, that then and now
have M County Judge; while the subject
referred TO in section 6, are subject
of jurisdiction and the action of
the County Judge in reference thereto, are
in character. And so it is with the
Court in those counties where,
then and now, there is no County Judge,
the County Court has jurisdiction over
those subject matters and their action
thereon is judicial action and not merely
And in addition thereto, those
County Courts have jurisdiction over many
o4ha- 1r,hSaoEe &c an Tunn1rAnnf anA nrhTTa
nature, which is not taken away, even in
those counties where there is a County
Judge.
County Judges elected under said statute
held their Offices but for a brief period. The
act # Nov. 4, 1857, chap. 5, page 3, repeal
ed said act Of 1856, and abolished all the
offices Of County Judge in the State, and
to the Quarterly and Quorum
Courts all their former jurisdiction and
But this state of things was des-
to a short duration so far as five cOun-
ties in the State were concerned.
On the 18th Of February, 1858, chapter
IS, page 46, a special statute was passed
providing for the election of County
Judges in Davidson, Shelby, Knox, Mont
yomery and Williamson counties, leaving
the County Court system. Of the state in
force and operation in all the other
counties in the State. Sections G and s of
said last statute are almost literal copies Of
said sections 6 and 6 Of the act Of 1856,
which l have quoted at length in this
opinion, by which it Will be seen that inthe
County Judges elected and qualified under
said special statute Of 1858, for said u
lies of Davidson, Shelby, Knox, Montgom-
cry and Williamson, are clothed with the
same jurisdiction and ministerial powers
Is were the County Judges elected under
he act Of 1856, but no more or less; and
The County Courts of the same counties re-
aimed all their jurisdiction and powers not
aiken away by said sections 9 and s Of the
act Of 1858. And the County Courts in all
.he other counties inthe State retained and
exercised all of their jurisdiction and pow
as in the same manner as though said act
Of 1858 had never been passed, And the
and jurisdiction Of the Quarterly
Ind Quorum Courts in such counties as
have no County Judge, and of the County
Court and County Judge in those counties
having a County Judge, for all practical
purposes, are brought forward in the Code
IN sections AIS, 4l9, 420 and 421, and sub
sections.
But as before stated the original juris-
fiction Of the County Courts not trans
to the County Judges, will be found
q other sections of the Code under their
appropriate heads, and need not be noticed
or the purposes Of this opinion.
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