Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-03-07
TENNESSEE LEGISLATURE.
SENATE.

the members present.
PETITIONS.
By Mr.. Logan-From the Trustee Of
Giles county, praying permission to sell
warrants.
By Mr.. Trotter-Ffom citizens of Cheat
ham county, praying for another civil dis
trict.
Mr.. Logan presented the following
PROTEST:
In the exercise Of our constitutional priv
ileges, we dissent from, and protest against,
the passage of Senate bill No. IA, entitled
''An act to tax the losing party with jury
fees in all civil suits, and to repeal sections
4036 and 1887 of the Code" We dissent
from, ard protest against, the passage Of
this bill, and assign the following reasons
therefor:
1. The unrestricted right of trial by jury
is fundamental principle. in the theory
and p actice Of our government: To this
excellent feature ingrafted into our legal
| system, we attribute, in a large degree, our
national growth, prosperity and content
ment. The constitutional right Of trial
by jury, which has hitherto obtained in
this State, has received the firm support
and unqualified sanction Of our citizens.
| They have fostered and cherished this in
violable right as the first Of their chartered
| liberties. To 0bTidge or restrict this
| right, by imposing tax upon the closing
party" is question so novel to the genius
Of cur legal system, and so grave an innO-
vartiOn upon established laws, that We,
though DESTROYS of diminishing expenses,
| cannot assent to a measure which in our
candid and unbiased judgment is in viola
ton Of the rights Of the people. The act
puts price upon the trial by jury, and has
/ A. IL r A.
| State from seeking redress for their injuries
and grievances before the juries Ofthe coun-
try.
2. We dissent from, and protest against
the passage Of this bill, because it viii, in
many instances, operate to the prejudice of
the juror by Tmperatively demanding his
services and rendering him dependent upon
the party cast in the suit for his fee, when
the party may be wholly insOlvent. The
act contemplates a method Of retrench-
meut by making litigants pay their jury
fees, and at the same time it ignores the
| individual rights Of the citizen.
The services of the juror are
demanded by the State. He must obey the
summons Of the State or be punished for
I delinquency. By compulsory summons he
is placed in the jury-bOX from day to day,
and if the closing party" can pay his fee he
| is paid; if he is insOlvent the juror gets
/ nothing. Though his services are demand
/ ed for public purposes, his compensation
! depends upon contingencies. For this,
/ among other reasons, we cannot assent to |
| the passage Of the bill, which we think |
manifestly unjust.
3. We dissent from, and protest against |
the passage Of this bill, because it is made |
the duty Of the Judge trying the cause to
| appOrtion the fees Of jurors in proportion |
/ 10 the time consumed IN the trial. Tbs 1
method of compensation we think grossly /
unjust. The Juror is in attendance by J
summons from the State. He cannot alb |
sent himself until be is legally discharged /
by the court He may be challenged from day /
to day, OF his services may not be required /
every day, and this without fault on his |
part. But he must be ready to take his /
seat in the jury-bOx. Now, under this act, /
he gets no pay when he is,nOt on the jury, |
though he Is kept from home and is on his |
own expense.
We, therefore, ask that this, our protest, |
be entered on the Senate Journal.
I. B. LOGAN,
c. MARCHBANKS,
A. BLIZZARD,
L. 5. MARYE,
7. II. BUTLER,
". A. QUARLES
CLINT. ADEN.
HOUSE BILLS ON SECOND READING.
To authorize the Governor to appoint |
commissioners 10 treat with the State Of /
Kentucky for the purchase Of that portion /
Of Kentucky known as Madrid Bend. |
Passed.
NEW BILLS.
By Mr.. Blizzard-To abolish the Duck /
town. Law Court, in Polk county.
By Mr.. Logan-Authorizing the Trustee
Of Giles county to sell warrants.
By Mr.. JOnes-TO insure the prompt |
publication of the reports Of the decisions |
Of the Supreme Court, by restoring the /
Safe Reporter.
By Mr.. TrOtter-TO create a new civil /
district in Cheatham county.
ROUSE BILLS on FIRST READING.
A large number Of House bills passed /
first reading.
HOUSE BILLS on THIRD READING.
Authorizing the Comptroller to settle /
with B. J. Hill, former Receiver Of Nc |
Minnville and Manchester RAILROAD Com /
panv. Passed.
Authorizing the Comptroller to settle |
with George q. DIbrell, former Receiver of |
the Southwestern road. Passed.
To allow the Judges Of the Circuit Courts |
and special Law Judges in civil cases to |
tax costs at discretion. Rejected.
To amend the various acts in relation to /
the Beams Station and Cumberland Gap |
Turnpike Company. Passed.
PUBLIC ROADS.
The Senate went into Committee Of the /
Whole, Mr.. Haynes in the chair, to consId- |
er Senate bill 10 improve the public roads, |
perfected the bill, and reported it for pas
passage.
THE STATES CLAIM AGAINST THE NASH |
VILE AND CHATTANOOGA ROAD.
Mr.. MaTye entered a motion to recCnsid- |
er the vote adopting House resolution |
authorizing suit to be brought against /
Nashville and Chattanooga Railroad in the /
matter of the MurfreesbOrO turnpike.
The Senate took recess until 2:30 p. n. /
Afternoon Session.
SENATE BILLS IN SECOND HEADING.