Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-06-02
A VERY QUEER MUDDLE.
The Railroad Taxation War Breaks
Out in a New Place.

Summers sheriff Attaches Two L., n.
d G. :. Trains-ReIieT in the Shape
Of n $4,000 Draft-But the Roads
Attorneys France in with an InJune-
ton from Chancellor COOper-Whieh
Is Why a Certain Important Law
May Turn Out 10 be UncOnstitu.
tIOnaI.
Last Monday, the Sheriff Of Sumner
county levied on two freight trains Of the
Louisville, Nashville and Great Southern
Railroad at Gallatin, to satisfy an execu-
tion from the Supreme Court for between
$1,000 and $4,000, in pursuance of the
judgment in the case Of Sumner county
against that road, which was decided at the
last term. 1t is unnecessary to recall the
merits If that suit, which was brought for
the collection Of taxes upon the property Of
the railroad company in that county.
To avoid loss OF time, 4 sight draft on
Louisville for double the amount called
for in the Fl. ia. was given the Sheriff, and
the freight trains we released, to proceed
on their journey. 18th, Baxter q ALI
son, the attorneys Of the road in this city,
Immediately filed a bill in chancery to en-
Join the collection of the draft. Judge
Cooper granted the Injunction, which, with
the bill, was sent to Sumner county where
il will operate to restrain the satisfaction
Of the execution. Thus the matter stands.
1t involves a constitutional question,
which the Supreme Court will have to pass
upon, before the great railroad test case
WILL vet be finally decided. It VIII be re-
membered that the Supreme Bench was
equally divided upon the case; but the
Legislature was in session and, as if to
meet this very difficulty, passed an act to
the effect that when the Supreme Court is
equally divided on a case, the opinion of
the side affirming the judgment or decree
below, shall be the decision Of the court.
It was thought by this enactment that the
suit in question was decided in favor Of
Sumner county.
just before the recent adjournment CT
the Supreme Court, cause styled Perkins
vs.. Scales, was decided in similar manner,
the court having been equally divided upon
it. Baxter, Smith and Allison were coun-
SCI in this case, and hr. Baxter filed a petit
ton for rehearing, in which he challenged
the constitutionality Of the Legislative en-
actment referred 10. His position was that
said enactment was a usUrpatiOn Of Judicial
powers by the LEGISLATURE aud in violation
of that provision of the Constitution, which
declares that the Legislative, Judicial
and Executive departments Of the govern
ment shall be separate and distinct. The
law in question was clearly an exercise
of judicial authority, inasmuch as it under
took to decide cases under certain circum-
stances. The Supreme Court did not dis
pose of the petition. The Chief Justice
announced that, as it raised a very grave
uunSfiOp Il would ha continued filI tho
next term.
The bill Just filed to enjOin the cOllec-
tion Of the draft against the Louisville
and Nashville Railroad takes the same
grounds, and it was upon the strength Of
the course pursued by the Supreme Court,
in Perkins vs.. Scales, that Chancellor
Cooper granted the injunction.
1t is understood that the county will,
through Col. J. j. Turner, anove TO have
the iniun, ton dissolved, in a day or two.