Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-12-20
NASHVILLE.
The Supreme Court Advances the
State Debt Case.
The Opinion Of the Court Given
by Judge Ewing.
Unanswerable Reasons Given Fol
the Action of the Court,
That Will Strike Terror to the
Souls Of Low-Tax
Politicians.
iaI Dispatch to the Chronicle.

NASHVILLE, December IT.
The Supreme Court unanimously agreed
to advance the 1903 case on the docket.
The following is a synopsis of the opinion
delivered by Judge Edwin H. Ewing.
Judge Ewing, after stating the facts of the
case in regard to filing the bill of injunc-
ton, and being granted and dissolved by
the lower court, said that upon the very
threshold of this case the question arises how
is it the complainants, who have appealed to
the court for relief, came to resist the motion
to advance the case on the docket The
presumption is that when person brings a
case to the Supreme Court, he wants
Justice done speedily and without delay ;
and he, of all others, should be the one in
favor of advancing it. But delay is neces-
sary sometimes, even after their case has
been appealed, as some time may have in
tervened between the date of appealing and
the meeting of the Court. In such
a case as that, the object
would have to be shown by the affidavit
AS the complainants have not done this we
presume that there is none. The other case
may be when the defendants themselves are
not in favor of advancing but we see,that, on
the contrary, they are the ones who are
moving in favor of advancing.
The court is of the opinion that they
would unquestionably have the right to try
cases at any time they may see proper, after
giving the parties notice of the time. 1t is
not expected that the act will be capricious
and leave others of equal importance unat-
tended to. 1t would be devolved upon
them, therefore, to show why they
advanced one case over others. The ones
ton then arising is the case that is asked to
be advanced and disposed of at the time
asked for. The court is tie opinion that
there is no statute which requires that the
cases shall, at all events, be tried in
the order i'll which they may
come, or the decision of the court.
They have examined the law then applying
! upon that point and find that the above is
correct. The court of last resort, above all
others, has the inherent discretionary power
! to 50 have the case advanced and disposed
| of. If the court has the inherent discre-
| tionary power, then, is the case now before
us proper one-one where this over
should be expressed. It is certainly q
cause in which every citizen of Tennessee
| has an interest, and the result of the decis.
| ion we see that millions OF dollars are in
volved in the same. If not heard and de-
cided at this time, the money that is being
collected from the tax payers of the State,
and which will amount to immense sums
will have to be left in the hands of the pub
PIC officers without any security for an in.
definite length of time. 1t breeds dispail
and disruption among families and friends
The dignity and honor of the State of Ten
nesse is at stake. These are so many ant
must yield, notwithstanding they have alleg
ed that bribery was used in the passage O.
the bill 1t has passed the Legislature ant
is prima facie the law. In advancing, W,
do not think any evil consequences will fol
low thereby. The case involves the reve
nues of the State, and when the revenues o
States are involved, it makes no difference
! in what manner it is to be expended ol
dis osed of, it is the imperative duty of tin
courts to advance such cases. As to tn
questions raised concerning the funding
Judge Ewing said that all the Judge
concurred in the conclusion reached in ad
vancing the cause, but there was som'
difference of opinion as to the reason
| The time when the case should be reachet
was left to the attorneys of each side, VIII,
fixed January 18th, 1882.
The redistricting bills passed first reading
in each house.
DISEASED LUNGS ARE GREATLY ON AN In
CREASE IN THIS CoUNTRY.-The suddel
changing of weather has done much to Civ
rise to Consumption. But there are thou
sands of cases who bring it on by their owl
imprudenee-sucha as wearing damp cloth
ing, and going, from the warm room int
the cold air, and checking the perspiration
which causes irritation of the lungs, AM
then matter o< phlegm will collect, whicl
nature will try to relieve by coughing it up
to prevent pustules from forming. If ma
ture does not raise the matter with ease
and stop this inflammation, tubercles viii
soon form, and consumption will soon fol
low. ALIENS LUNG BALsAM will cure an
prevent thousands of cases of Consumptio
if it is only taken in time
For sale by all Druggists.