Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1880-03-13

tive, the need of railroad would
not, we fear, act on individuals with
the same efficiency. We should be
glad to find our misgivings ground
less, and it is only experiment which
can determine the question.
xmmHm
OFFICIAL SALARIES AND FEES.
The bill for cutting down the
profits of several cIerkships, etc,
which was passed by last years
General Assembly has been pro-
nounced unconstitutional, and is
therefore null and void, and said
clerks will continue to receive the
same fees, etc., as they were entitled
to before said legislation. As this
matter has been the subject of much
discussion and of very protracted
argument in the Supreme Court, it
may be well to explain the principle
upon which the decision rests.
The bill is pronounced void and
no law, as being in contradiction to
the clause in the Constitution which
provides as follows:
Art. II. of the Constitution of
1870, Sec. II is: "Bills may Origi-
nate in either House, but may be
amended, altered or rejected by the
other" This is the same as the
~ DIT l,n NrNr1-
ventiOn thought proper to add: mo
bill shall become a law which enl-
braces more than one subject, that
subject to be expressed in the title.
All acts which repeal, revive or
amend former laws, shall recite in
their caption or otherwise the title
or substance of the law repealed,
revived or amended
This provision of the Constitution
the court points out to be manda-
tory and not merely directory,
quoting Judge Nicholson's decision
in Cannon VS.. Mathis, Sd Heisken,
SIS:
The command is positive that no
law shall embrace more than one
subject, and it is equally positive
that that subject is to be, or shall be,
expressed in the title. To constitute
a valid law, under this provision,
the bill must not embrace one sub
ject alone, but that subject must be
embraced in the title"
The court then shows wherein the
statute in question violates this pro-
vision: thus, the preamble of the
statute runs as follows:
Whereas, in some counties of the
State, clerks of courts and other Off
GERS, are receiving from the fees of
office as allowed by law, and from
business incident TO their office, by
reason of which they secure APP
pointments, the gift of courts, and
other appointing powers, sums
greatly in excess of that allowed
the Governor or any of the Judges
of the State; therefore, be it enacted,
etc.
Then follow sections l, 2 and 3,
confined expressly to the regulation
of salaries and fees for offices then
existing, and penalties for violating
said provisions.
But sections Al introduce an en-
tirely new subject. They create
several new offices and prescribe a
salary for them.
First follows the next section
the 4th-authorizing the ComptrOl-
Ter of the State to employ clerk at
a salary of one thousand dollars
the 9Th giving the Judges of the
courts and Chairmen of County
Courts the right to authorize their
clerks to appoint deputies, fixing
the fees for such deputies, with GER
tain other limitations, regulations
and restrictions not necessary to be
referred to at present. Section
gives like power to Judges or Chair
men of the County Courts, to au-
thorize the Trustee or collector of
revenue, under certain contingent
cies, to appoint one or more depu-
ties, to be paid out of the surplus
fees of such offices. Section 7 gives
like authority to Judges of courts |
having exclusive criminal jurisdic-
ton, when the business of their |
courts shall require such an officer,
to allow the Acknowledgement to
an Assistant Attorney-Gen-
eral, who shall be paid a salary, not |
to exceed one hundred dollars per
month, to be paid out of the surplus
fees of the office of the Attorney
General. The act took effect, it is
provided, from and after its passage.
This being legislation entirely
foreign to the purpose announced in
the preamble, is declared to vitiate
the whole statute, which is there
fore declared to be no law at all, but
only a bill which has failed to be-
come law.
The offices affected by the law
were those of Clerk of the Supreme
Court, Clerk and Master of the
Chaneery Court, Clerk of the Cir
cult Court, Clerk of the Criminal
Court, Clerk of the County Court,
Trustee, or Collector of Revenue,
of Deeds, District Attorney
for the State, and Secretary OF State.
These officers therefore will con-
tinue to receive their fees in the
same way as they did prior to the
passage OF the statute, Jan. %, 1879,
and we presume that any fees they
may have paid into the Treasury
i'm obedience to it will be recover
able by them.
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BOOK NOTICE.
ENCYCLOP -EDIA BRITANNICA. Ninth Edi-
ton. New York Samuel l.. Hall.