Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-03-10
TENNESSEE LEGISLATURE.
SENATE.


The Speaker called the Senate to order
at 10 o'clock, all the members present.
RESOLUTIONS.
House Joint resolution for an investiga-
ton Of the items Of S19,575 Executive ex-
penses, as given in the Treasurers report,
was eOncurred in.
Senate resolution for the relief Of P. G.
Bethel. r. G. Brinckley, John OvertOn, W.
r. Waldran, Samuel Tate, w. j. Winks,
n. B. Forrest and E. w. Munford, citizens
of Memphis, was taken up, and, on motion
of Mr.. Allen, postponed.
WARRANTS ON THE TREASURY.
Mr.. Overton, from the Committee on
Finance, Ways and Means, reported Mr..
Ragland's bill to REDEEM the bonded in
debtedness of the State, and recommended
it for passage, with amendments. The bill
provides for the issuance of warrants on
the Treasury to the amount Of two and a
half millions OfdOllsrs.
NEW BILLS.
By Mr. BliZard-To ascertain the amount
Of the school land fund due to the counties
Of the State, and to provide for the pay
ment Of the interest thereon.
By the same-TO adopt Thompson &
Stegers compilation Of the laws Of Tennes-
see as the Code Of Tennessee.
BY Mr.. Ellis-To clearly define the du-
ties Of administrators, executors, and
clerks and masters, in certain cases.
By Mr.. BUtler-To allow sheTifis and
other officers to collect commissions on eX-
ecutiOns in their hands, when the same
shall have been compromised.
BY Mr.. LOgan-To authorize the Cover
nor and Treasurer to borrow money, not
to exceed 100000, to meet the warrants
upon the Treasury.
By Mr.. Moseley-To alter or modify the
common law as heretofore in force in the
State Of Tennessee in regard to inns and
public conveyances by land and water.
The bill gives inn-keepers discretion TO re-
fuse or receive guests, as if inns were
simply private boarding houses, and allow
the same discretion to owners Of public
cOnveyances, with regard 10 passengers.
By Mr.. Wade-PToviding how school
districts may be established or changed.
CONVENTIONAL INTEREST AGAIN.
Mr.. Logan moved to take up the motion
entered by ar. Haynes to reconsider the
vote rejecting House bill to repeal the act
authorizing a conventional rate of interest,
which prevailed.
Mr.. Haynes said that, under the argu-
mant made by { he friends of the bill, and
its opponents, it was TO lay on the table, re-
iected, with a motion entered by him to
reconsider, and the Senate bill was to be
acted upon. He was aware Of the fact that
the killing of the House bill upon the Occa-
sion so often referred to, killed, in effect,
the Senate bill on the same subject.
Mr.. Hodges said: We are here as Sena-
tors, under official oaths. If this is a
measure Of importance 70 the people, one
which ought to pass without reference TO
private agreements between Senators, he
thought its opponents ought to permit it to
be voted upon on its merits alone.
Mr.. BLIZZARD said his understanding Of the
agreement was that the House bill was to
take its place on the calendar, and await
action on the Senate bill, but he did not
unde stand that if the Senate bill was re-
jected, they could not call up House bill.
Mr.. Wilson said it was true that the
House bill was considered when several
Senators were absent in discharge Of pub
lie duty, but such was not the case when
the Senate bill was considered, and the
fact Of there being a thin Senate on that
occasion was the fault Of those who were
then absent. Both bills related to the
same subject, and, the Senate bill having
been rejected, he did not think the House
bill would be constitutional if passed.
Mr. Logan was Of opinion that the Sen
ate could consider the House bill. The
Constitution Of Tennessee provided that
after a bill had been rejected no bill con-
tanning the same substance should be passed /
into a law during the same session. This
evidently referred only to a bill which has
been rejected by both houses.
Mr.. Wade did not think the plain and
simple Language Of the Constitution would
admit Of the construction coDtended for by
the friends Of the bill. If the House re-
ieCted a bill. and the Senate passed a bill
the same substance and trans
mitted it to the House, the latter could not
consider the bill upon its merits.
CONSTITUTIONAL QUESTION.
Mr.. OveTtOn made the point of order that
under section IS Of article 2 of the Consti-
tuition Of the State, the bill could not con-
stitutiOnaly become a law.
The Speaker said he preferred not decid-
ing the question, as it was OF constitution
ality; but, if the Senate insisted, he would
decide precisely as his judgment, based upon
all the authorities which he had been able
20 fiud and examine, would have governed
his action as a Senator upon the floor.
Mr.. OyertCn insisted upon the point Of
order, and no objection being taken Speak
er Paine rendered the following decision:
"That the two bills were pending, one a
HOu e bill, and the other Senate bill; and,
without knowledge that such was the case,
the Senate disposed Of one of them by its
rejection: hence, the consideration Of the
other would be considering the subject
matter already rejected, and therefore not
within the rule. The chair therefore de-
cides that the consideration Of House bill
is not in o. der, and, if passed, would be in
direct conflict with section - Of article IL
Of the constitution Of the State, which says:
after bill has been rejected no bill con-
tanning the same substance shall Be passed
into a law during the same session."
Mr.. Logan appealed from the decision Of
the chair.
Mr.. Wilson was called to the chair by
the Speaker, and the vote was taken upon
the appeal with the following result:
Ayes-Nessrs. BLIZZARD, Buchanan, Ellis,
Haynes, Jordan, OyertOn, Polk, Ragland,
Smith, Trotter, Turley, Wade and Wilson
-13.
Noes-Messrs. Alden, Boyd, Butler, En-
inert, Hodges, Jones, Logan, Marchbanks,
Marye, Mosley and Quarles-11.
50 the Senate refused to appeal from the
decision Of the chair, which, in effect, kills
the bill.
A recess was taken until 2:30 P. NJ.
Afternoon Session.
The Senate proceeded to the considera-
ton Of Senate bills on third reading.
To pardon all Oflenses committed during
the war. Passed.
For the bedeft Of sherifTs and other Off
GERS. Passed.
To amend an act Incorporating the town
of Pulaski. Passed.
To release certain parties from liability
TO the State. The vote by which the bill
had been formerly rejected was reconsider
ed, and the bill pasSed-ayes 13, noes Z.
To regulate the business Of insurance
companies. Rejected By tie vote Of l. to l..
To improve the public roads. Vote Of
rejection GecOnsidered, and the bill passed.
To establish normal schools and provide
rules for their government. Rejected-ayes
10, noes Is.
To provide for the increase and diminu-
ton Of the powers of municipal corpora