The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1881-06-01

Subscription Price, ST 90.
THE 100 8 BILL FNJOlAED.


tually got In their bill enjoining the
State Funding Board from proceed.
ing to carry out the provisions o.
the 1903 Act Of the last Iegislatur.
for the settlement Of the State deli
The fat was granted on the 2Cu
by Judge J J. Williams, Of Win
chester, a violent !ow-tax stumi
ranter of the last Gubeinatorial ca
vasa, and was served by the sherir
Of Davidson county, at Nashville, Z.
Tuesday morning of last week uTC
Comptroller olan, who will pos,
pone any action to dissolve the IL
junction until the return to Nashville
OF Treasurer Polk and Secretary OF
State Num-. who are now absent
in New York experimenting the
printing of the bonds. The bill is
lengthy and first gives a history OF
! the creation Of the debt, and alleges
that a certain number Of the bonds
were illegally issued, to-wit: The
Mineral Homo Railroad bonds,
bonds issued for war purposes. 1t
charges that ths 1908 act was
lprocured by bribery thatamaiority
of the Legislature met pledged
against any such scheme that div
ers members Of the Legislature were
engaged at the time Of the passage
of the act in spoculatiug in Teuucs-
see bonds, the profit Of which specu
latiCn depended upon their votes
that one member OF the Legislature
received $1,000. another $4,000,
and third was paid $4,000, but his
heart failed him he paid the money
back and refused to vote for the bill.
In addition TO the frauds alleged the
bill charges that the 1908 act is IN
constitutional.
l. Because it apropTiateR revenue
for period of ninety-nine years.
while the constitution directs thar
no appropriation shall be made for 3
longer period than two yeas or u
til the rise Of the next General as
setnblv.
2. 1t charges that it violates the
constitution by comforting iudigia.
overs on the executive officers OF
the State, in that it directs them to
pass upon the legality or illegality
If the bonds.
3. 1t violates the provision Of the
constitution in reference to the
.chool fund, because by the coupon
eature Of the act, the revenue raised
70 pay the interest on the school
und may be diverted by the cou-
Dons to pay interest on the bonds
issued under this act.
i. 1t violates the constitution
which provides that the Legislature
shall have no power to suspend any
.eneral lav for the benefit Of any
particular individual, nor to pass
my law for the benefit Of inviduals
inconsistent with the general laws
# the land, nor to pass any !aw
granting to any individual or iHdi
viduals rights, privileges, immunitief
II exemptions other than such az
nav ov the same law be extended tC
any member Of the community WHO
im8y be able to bring himself vitbiI
+ the provisions of sgch law. Said act
| provides for the funding of bonds
leld by certain bondholders, but
@pecialIv excepts bonds held by The
charitable and educational institu
tons Of the State /.
5. 1t violates the constitution
which provides that all acts which
repeal, revive or amend former laws
shall recite in their caption or other
wise, the title or substance of the law
repealed, revived or amended. SAID
act repeals the 51st section of the
act Of March, 1873, which prohib
its the reception of anything but
treasury warrants, gold and silver
coin, United Ststes Bank and Treas
ury notes, and old issue
of the Bank of Tennessee for
taxes by making coupons re-
ceivable Tor taxes; and repeats sec
tions210 to 213 inclusive ofthe Code.
The bill further alleges that the
1908 act is ambiguous and asks for
a construction ofthe act by the court.
The complafnants are Henry J.
Lynn, E. M. Apperson, NJ c..
Pearce, S. Mansfield, II. Fursten-
helm, w. +. Taylor, Thos. Gale,
A. ] KelIar, J. T. Hillsman, ]. J.
Busby, J w DilIard, G. Il. Tay-
Tor, H. G.. Miller, A. V. War;, J. i.
Wexford, T. H.. lemon, ". p.
Proudft, w J. Cal, II. T. Shaw.
W. w. Schoolfeld, w. n. Wilker-
son, T. II. Clinton, John S. Miller,
r. r. Hart, W H. Kennedy, Shell
by county; Lewis Fl Green, 0. B.
Jenkins, Sumner county; p. c. Tai
ly, w. j. Overall, Rutherford coun-
ty; w. Ransom, Franklin county, VS..
NJ. t. Polk, Davidson county; J n.
Nolan, Humphreys county; D. A.
Num-, Haywood county.
The attorneys are Craft d Cooper,
Thoma & Hunt, c. w. Heiskell, e.
T. Taliaferro, CAN'T & Patterson,
Marks, Fitzpatrick & Gregory, N.
N. Cox, S. A. Champion, 4. j,
Caldwell, J. J. Fertrees and David
Campbell.
w. A. Cherry, Of the firm Of Cher
ry, O'Conper & Co, is the bondsman
in the sum Of s., 600.