Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-03-16
NASHVILLE.
Proceedings of the Legislature Yester.
dey-BIIzEaFd's Railroad Bill
RaRIand's Treasury War
rant Bill.
The Memphis Charter TO Come Up To.
Ray-LOEan's Constitutional Term
Res0IutIOn-Matbes's Rev.
enue BILL
Special to the Appeal

eHue BILL
Special to the Appeal
NASHVILLE, March 15.-The senate
Joint committee, to whom was referred
the Torbett-issue matter, reported res
olution recommending that the State
abide by the late supreme court decision;
adopted. Mr.. Billiards. bill, providing
for the taxation of railroads, was de-
bRted at length, and passed second read.
Ing. Mr.. Ragland's bill for the issu-
ance of two million five hundred thou
sand dollars in treasury warrants, was
recommitted TO the finance committee.
The house resolution appointing II. NJ.
Polk, James NJ. Boyd and G. DeadeTick
trustees of the East Tennessee UniveTsi-
tY, was cOncuTred in. The Memphis
charter bill was made the special order
for twelve o'clock tomorrow. Mr.. L0-
gan's resolution, providing for constitu-
tional terms of Office of governor, treas
urer, comptroller, and judges Of the su-
preme court, was adopted. A message
was received from the governor vetOIng
the bill taking from the treasurer the
power to borrow money for State ex-
penses.
In the house a new bill by Mr.. Giers,
providing for Tennessee to be represent
ed at the centennial exposition. Mathes's,
and all other revenue bills have been
made the special order for tomorrow, to
be taken up and considered at length.
RAILROAD TAXATION.
Nashvine:Union and American of Saturday.
The following communication from
Colonel E. w. Cole, President Of the
Nashville, Chattanooga and st. Louis
railway, was read in the house yesterday:
NASHVILLE, March IL.
Hon. Lewis Bond, Speaker of Of the House of
Representatives, Tennessee Legislature.
SIR: having seen the text of bill
styled"a bill declaring the mode
and manner of valuing the pro-
perty Of q railroad company for
taxation, NJ deemed it my duty
both to the State and TO the railroad
interests of Tennessee, to call q con-
ference of the managers of the principal
lines in the State, which conference l
have had, and, having been by them
authorized to represent this interest be-
fore your honorable body, and make for
them proposition, which, it is believed,
may solve, in a just and satisfactory
manner, the problem now before the
general assembly, which all acknowledge
to be a new and difficult one to handle,
/ beg, through you, the house Of repre-
sentatives, to name some hour in which
/ may be favored with hearing upon
the subject. While the managers of
railroads believe their lines are exempt
from taxation fOr periods varying from
two to fourteen years under the twenty
year clause of exemption in their char
ters, and are informed Of other legal
Il.
are anxious to avoid any litigation, and
to work in harmony with the best in
terests of the State as well as the rail-
roads, by agreeing to commence paying
at once what they believe to be just aud
equitable tax toward the support OF the
State government. Very respectfully,
your obedient servant. E. w. COLE.
The house did not take any action on
the communication, except to request
Mr., Cole to submit his proposition in
writing, This will probably be done at
an early day.
IMPORTANT DECISION BY THE sU-
PREME COURT.
In the case OF the State, at the relation
of J. w. Johnson, receiver Of the south.
western road, UeTSlLS Pennebaker, comp
troller, which was decided yesterday,
the supreme court held that specific
appropriation by the legislature is not q
prerequisite to the payment of salaries
| ou. OF the State treasury. The holding
was on a constitutional question raised
py the attorney-general. The opinion,
which was delivered by Chief Justice
| Nicholson, says:
1.-THE attorney-general argues that as
| there is no law making specific apprO'
priaton Of money out OF the treasury fol
| the payment Of the salaries Of railroad
receivers, the comptroller might have re-
fused to issue his warrant on that
ground. No such reason is given by the
comptroller of his refusal, nor could
any such have been properly giveI
under the uniform practice OF the legis'
lstive and executive departments since
the organization OF the State govern
ment. That provision of the cOnstitu
ton which inhibits the drawing OF any
money from the treasury but in conse-
quence of appropriations made by
law has been uniformly construed t
mean that an Indebtedness of the State
fixed and recognized by law, was pay
able out Of the treasury without speciti
appropriation OF money for its payment
Under this construction aud prscticu
/ the E6lhIAto vi luc NdIlOus GACCNN1NC
judicial and legislative officers Of th
government, fixed by law, as well as al
the other expenses Of government, whel
ascertained and fixed as prescribed b!
law, have been uniformly paid upOl
the assumption that the law which re
cogniZes the Indebtedness Is OF itself al
appropriation Of the money necessar
for its payment. Whether this prsctic
might not be improved, by more strict
ness in requiring estimates for the e1
penditures and in making appropriation
in pursuance thereof, might very pre-
perly be a subject for legislative cor
sideration."
The attorney general, in his srgumen
took the position that large proportiO
ofthe warrants Issued by the comptrollt
of the treasury since the adoption Of th
new constitution, including the ordinar
salary list, have been in violation OF th
constitution.