Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-03-12

chapter a of the Code, and ali other laws allow
ing such appeals, writs OF error appeals In th'
nature OF writ Of error, be and the same art
hereby repealed but appeals Wrlis of errol
GU liz sn5 ,a me he nat It ol d VIII ~, vi d e.e
of any chancery court or court exercising chanceTI
Jurisdiction to said high court of chanceTy for de
cisiOn in the same manner, ana to the same eXten
they now lie, and may be prosecuted to the supreme
court. The appeals writs of error and appeals IN
The nature Of wrttS of In the western dis
trct shall be to the said court, sitting at Jackson
Upton and Fayette, In which they shall be &c
said court sitting Ia Memphis and said hign cour
Of chaneery shall have full power to hear and deter
mine all causes which may be thus brought before
It, in the same manner said causes are now heard
and determined by the supreme court, and shall
and enforce its Judgments and DEGREES now
possessed By the supreme court.
said court shall embody the conclusions of the court
upon issues OF fact involved Ia the cause in which
final but either party dlSs tlsfied with the decree
may prosecute an appeal In the nature OF writ OF
TO be heard alone upon errors of law assigned upon
the record at the time the decree appealed from Is
rendered, upon executing the same bond now re-
qured in cases of appeals wTlts of from the
chancery to the supreme court. In the event Of an
writ of error the supreme court the shall be
heard upon the same transcript of the record and
the decree of said high court OF chancery.
Sec. 9. Be ii furthcT enacted That the powers now
exercised by the supreme court and the judges Of
said court in reference to granting process of super
sedas the DEGREES of the chancery courts, shalre
main and be exercised now, and shall extend To
of error may be prosecuted TO said high couTlE OF
chanceTy, and also where appeals. appeals In error
or wrs OF error may be prosecuted from the decree
of said high court of chaBcery TO the supreme court
Sec. TO- Be HJttTtiter enacted. That tue supreme
court may assign such portions of the chancery
their doekets when this act takes effect as
may remain undiSpOSed OF to said high court OF
chancery for the division or district TO which sueh
may belong, and In the event that written OBJ
jectiOns signed by of the paties to such
causes or Their attorneys OF record shall not oe Med
with the clerk OF the supreme court for such division
or district, within twenty days after said assign
ment is made, all objections to the jurisdiction
shall be held as waived, and said high court oil
chancery shall have the same jurisdiction TO hear
and determine said as Il the appeals or wTits
OF error had been originally taken TO said court with
the same right of appeal or writ of to the
pTeme curt given by this act IN other cases; pro-
iifod the supreme court shall not lose Jurisdiction
TO hear and determine such of the causes aforesaid
as may remain uDdlsposed or by said nigh court Of
Sec. ii. Be further enacted, That in all cases
hereafter taken by appeal appeal in error or writ oil
error from any cnancey td b IG cnrf 0 S
cery said comt may, upon affirming the decree of the
court appealed from, adlqoge against me losing
not exceeding ten Rer centum upon the amount OF
the original decree II, In the opinion OF the court
The appeal or writ of error was without reasonable
cause and only Tor delay; and when decree fol-
property is affirmed, the court may allow the Sue
csssfuI party recover sol cOrs fees not exceeding
five per centum upon the value of the property re-
covered If In the opinion of the court the appeal or
writ of error without reasonable cause, and only
for delay; and the supreme court shall have like
power and discretion upon he atfmance OF the de-
o nl7n
Sec II. Be IL further enacted, That the concur
renee of two CT the judges of said high court of
said valid, but If for any ason ans one or more
of said judges shall not be able to attend the set
ting of the court, or shall be incOmpetent the
ground Of Interest or otherwise to sit In cause;
1t shall be lawful, when ether OF the parties or
eT 10 supp me Pde u Nv 6e
members of the bar in attendance, in the manner
prescribed by law in reference to such elections In
like in the circuit chancery courts and the
person elected shall take the oath OF Office pre-
scrbed for the judges of said COURT and If he shall
sit for one day longer in the trial of cause or
In said court he snail be entitled to the per
diem allowance during such time of such absent or
disqualified Judge; and 10 the event OF any vacancy
occurring la said court from death, resignation
otherwise, the same may be filled By the appoint
ment OF the governor, until there shall be an cleo
iion now provided by law With reference TO other
Sec 10 BE Il fttrthe, enacted. That the said high
court of chanceTy in each of the three several dis
trict5 or divisions, eastern, middle and western,
shall embrace within its jurisdiction the same coun-
ties that are assigned to the supreme court in
these respective districts or grand divisions; and
when the court in any of the said districts cannot,
within the number of judicial days to which the
terms of said court ara respectively limited by the
provisions of this act, transact all the business re-
qutring its attention. it shall be lawful for the
eTnOT upon the application Of the court in writing
to grant an extension of the term nOE exceeding
Judicial GAYS the application for which extension
and the grant for the same shall be entered upon
the minutes of the court.
See IA Be IL further enacted That the power is
hereby expressly reserved to the legislature TO abo
ish said high cOt or CHI 4neery in any one or all of
ever In its discretion the public interests require it,
and TIE per dH allowance of The judges of the court
so abolished sha thereupon cease.
see 5 BE n further enacted. That this act shall
take effect from after its passage, the public
welfare requiring 1t.
Manufactures.
The following is the full text CT the speech
on manufactures, delivered in the house of
on Monday last, by Mr..
James Rosa, one of the representatives, of
Shelby county. The honorable member was
speaking to the question of exemptIug manu-
featuring machinery from taxation for ten
years, Ia order to encourage the establish
nent of manufactures in the State. He
,aid:
Mr.. SPEAKER-In presenting this bill for
he favorable consideration of this house,
lesire to make a few observations. The pur-
]ose of the bill is to encourage the establish
nent of manufactures for which no State in |
he Union presents more favorable facilities |
md opportunities than the State OF Tennes-
zee, but OF which she is sadly IN need. l !
aIm that there IS more raw material in Ten
lessee than IL any other State, and that it is |
n)re easily got at. Manufactures would |
i've employment to all surplus labor; school |
houses would spring up all around so that
ur children would have a chance to be edu-
ated and become useful members of society. |
We have in this State htty-one hundred
quare miles of coal, averaging eight feet In
If made into solid bar, 1t would
e one hundred yards wide, thirty-feet thick,
nd loxg enough to pass through the earth /
t the equator. 1t would make III the aggre-
ate, forty two billion tons. Or to give
learer idea of the quantity of coal in cur
tate, it would fill cars enough, each one con-
aiming two hundred and fifty bushels, to go
round the earth at the equator seven hun
red and sixty-six times. Yet with all this
,orehouse of force, we are using but four
undred thousand toas ann ually, and very
mall proportion Of that IN industrial pur-
lits. We have iron oye l., f5rty-fo coun-
es in quantities sufficient to run FROM one to |
fly furnaces, In places it rises in huge
fountain masses covering hundreds of acres
extent. THIS iron ore is IN close proximity
} the coal, limestone and sandstone, The |
est authorities on the subject of the manu-
cture of iron, among them, Mr.. Bell, of
ngland, declare that Tennessee will prove a !
ach for the world IN the production Of
leap iron. Indeed, it may be easily shown
at ton Of pig iron can he 441d5 iu this
ate sc about the ooss Of the ore necessary
make ton at Pittsburg. Yet, with al
csc natural advantages and boundlt IS pos
Utilities, we have never made over sixty
ght thousand tons IN any one Tear. Fur
er, we have II tennessee Streams of uGz
rpassed- excellence as water-poWer, viii
pld fail and constant !Q@. ~ LI wind
iiVVsH easE !VF0S'S - valuable timber, be-
ICE liz no,us of cotton, corn, wheat and !
furnishing at once the staple Tor
e loom and food fec operative. Beginning
East Tennessee, We have the roaring
see, which rises in the rich copper district, !
d flows in rapid torrents through rocky de-
IS fer twelve or fifteen mics, falling
thin that distance nearly I thousand feet,
len 1t debauches into valley plain tenn !
z with all tae grains and fruits of the terl- Z
rate zone. Like unto it are the Hiaw assoc, a
2 Little Tennessee, Big Pigeon, NGilchucky,
2 Clinch, the Holston, the French Broad J
d others, with their numerous conhuenres
'hing down from r. JUntain Businesses and
pplylng the power of a hundred Merri- -
Ick' 10 Middle Tennessee, we have the
eat falls of Cauney Fork, which deseends
enty- SIX feet within half slile, supplying
ter privileges Une4naied il the State II
in the United States. Then we have
lEngwater, Taylor creek, the Calfk1ller, 10
untain creek, Charles creek, Bark Camo h
II, Duck river, the Elk, Shoal creek, Red al
er, Harpeth, Hurricane, Buffalo and 9TH
, with fine flow and excellent fall. And NJ