Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1878-07-25

they confer it? and, granting it
in general terms, they must be
understood to grant the whole
Legislative power which they
proposed, except so far as at the
same time they Saw fit to i'm
pose restrictions. While, there
fore, the Parliament Of Great
Britain proposes, completely,
1.-THE absolute and uncontrolled
power of legislation, the legis-
iative bodies of the American
States possess the same power
except, first, as it may have been
limited by the Constitution Of
the United States, and, second,
as it may have been limited by
the Constitution of the State.
A legislative act, cannot, there
fore, be declared roid unless its
conflict with one of these two
instruments can be pointed out. !"
Cooley ON Constitutional limita-
tious, p. 172. Neither the Con-
stitution Of the United States
nor the Constitution Of the
State Of Tennessee contains
any restrictions upon the pow
cr Of the legislative department
of the State creating debts for
governmental purposes or issu-
ing lis bonds therefor. On the
contrary, the Constitution of
1884, article III, section 8, ex-
pressly declares that "a well
regulated system of internal i'm
provements is calculated to de-
velop the resources of the State
and promote the happiness and
prosperity of her citizens, and
therefore ought 10 be encour-
aged by the General Assembly,
1t is a matter Of history that
the framers, Of this Constitu-
ton construed this clause into
a positive direction by the peo-
pie to Issue bonds for purposes
of internal Improvement. The
issuance of State bonds is con-
cedcd to be legal by the SUI
prcme Court in the State VS.. JEFF
ferson Turnpike Company, 3
Humphreys reports, 305; and
in the State VS.. Central Turn
pike Company, 10 Humphreys
Reports, 300. Judge Green de-
liveled the opinion Of the Court
in both cases.
The utieranccs of our emi-
ncnt Judges have been in strict
accordance with the principles
Of government already quoted.
Judge Haywood said: "The
Legislature of Tennessee can
do all things not prohibited by
the Constitution Of the State or
of the United States" Bell VS..
Bank of Nashville, Peck 269.
I"Tbe sovereign legislative pow
or Of Tennessee" says the same
eminent Judge, "like the sover-
cign power of all other States,
of whatever character they may
do all things not naturally i'm
possible, which it deems pro-
motive of the public welfare,
except in such instances where
lbv the fundamental Law Of the
it,;;2stioG, written by the mighty
hand Of the people, it is forbid
den. And in any instance where
legislative power is questioned,
it bounds over opposition, unless
a restriction upon that power
in the particular instance can
be clearly pointed out" Tip
ton VS.. Harris, Peck 418. Cup
en- this point" says Judge Tur-
ley, "all we deem it necessary
to say is, that the State of Ten
nessee is a sovereign and inde-
pendent power, except so far as
lit is restrained by the Constitu-
ton Of the United States; that
its Legislature has unlimited
power of legislation, except SO
far as it is restricted by the
lConstitution of the United
States and the Constitution of
the State of Tennessee" Hope
VS.. Deaderick, 9Th Hum. s.
This eminent Judge as it is
well known, first authoritative
'lly enunciated, contrary to the
opinion of Chancellor Kent,
that private corporation, as il
was authorized to contract debts
for the purposes of its creation
so it might issue its obligationi
in time for their payment. Tn.
j ion Bank VS.. jacobs Glib Hum
SIG. This doctrine has beer
extended to other corporations
Ohio Life ms. and Trust Co. VS.
Merchants ms. Co. 1lth Hum
, %; Moss VS.. Harpeth Academy
18th HeiskelI's Reports, lo3
and even to mumcipal corpora.
tions, Adams KS. Memphis 4
, Little Rock r. T., End Cald
/, wells Report. Go. The Law
, books are full of decisions grow
! ing ont of the issuance of bonds
by municipal and other corpo
: rations created by the LeglSto
! tire, without any lawyer o
I, Judge doubling the power t
! authorize their issuance. Th
case of the Louisville d Nash
! vile railroad VS.. the Count.