Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1881-12-22
LEDGER



act cannot be inquired into. 1t ma,
say, as las said, that Fraud vitiatc
the cortract Of the citizen. the deere
Of the Court, and the treaty ofthe dip
lomat,n audit may nowsay butneithe
fraud, nor corruption, nor bribery vi
tiates he act Of the Legislature, Nov
suppose it does, what follows? Firs
the bill is dismissed. Next the PEG
PIES money, the sl,l25, 900 appropri
ated by the Legislature Of 1881, tn
taxes for 1881 aud 1882 fall into til.
hands of The bondholders. The PEG
pie have to submit to this. 1t may b
true there was fraud, and bribery, anc
corruption; it may be true the wa.
interest was funded in 1868 and 81
interest was added upon interest, l
may be that the 5 per cent bonds wer
taken up under the act Of 1873 and
per cent bonds substituted. 1t may b
that the interest bonds we're funded
under this act of1S73. 1t may be al
these are again funded under the &C
Of 1881 it may be that property haI
vanished, the industries of the Stat,
have been paralyzed, a hunlred thou
sand Of her sous fallen in war, anC
that she is in the dust and no states
manship guides her in her adversely
and that she is plundered 10 the hous'
of her sons. There is still one hope
left-this is the representatives Of tn,
people. Mark our words, if the bill
is dismissed, it proceeds from the ON
impotence of the Legislature over tn
matters within its control, limited
only by the constitution. 1t is theI
clear that the Legislature will be ON
nipotent over the two matters, its owl
appropriations and its own levies
Who can say to the Legislature, yol
can or you cannot makea lavy2 Wht
can force it to make an appropriation
or to withhold it? Is it no
omnipotent under the constitution
Section "a, Article IL, Of that Consti
tuition rays, mo moneyshall be drawn
from the Treasury, but in consequence
Of appropriations made by law" Now,
no money can be appropriated until ii
is in the Treasury. No money is il
the Treasury until it is levied. Then
no Legislature can be interfered with
in its lawful matters under the Con-
stitution. Levies and appropriations
are its lawful matters. One Legisla-
ture cannot make a levy for another,
nor appropriate its levies. These are
its own, in whole and in part. Each
may levy a tax or not. Each may ap-
propriate or not. But it cannot say
what another must do, or not do. The
Constitution alone limits each. Under
this each is omnipoteDt. Now. the
Legislature Of 1881 passed the 1907
act. It is not an appropriation act
1t don't assume to be an appropriation
act. The appropriation act was pass
ed the same term, but on a different
day. The 1908 act provides ''the
coupons Of the bonds, as they become
due, are receivable for all taxes and
debts due the State Of Tennessee
Now this is not an appropriation act
No Court would s%tultify itselfby hold
ing it one. fit were it can only ap-
propriate what is in the Treasury, NOT
what is not in it. But it is not an
appropriation act. At the same term
the Legislature passed the %appropria-
ton act. 1t did it to pay this interest
these coupons. 1t intended it to be
an appropriation act. It says:
SEc. 80. Be it further enacted, that
the sum Of 81, LIS, 600, to pay the in
terest on tie State debt under the act
approved April 6, 1881, entitled, AN
act to compromise and settle the
bonded indebtedness of the State,
it being the interest on the same from
the ist day Of July, 1881, to the LIST
day of January, 1888, or so much
thereof as may be necessary, is hereby
appropriated.
Now shis is the appropriation act.
Why did the Legislature of 1881 pass
it? Vas it not to meet the require
ments of the constitution? If the
1903 act was enough, why did thu
Legislature solemnly pass this act
Then where is the appropriation
act fes 1888? Who shall orde.
the Legislature Of 1888 wha
appropriation it shall make
We say, then, if the Court does dis
miss the bill, the effect Of the 100
act, and the appropriation act subse
quently passed, is TO give awiy tn
$l,l25,0O0. We say the people hay
the power in their hands. We are for th
people. For them laws and constitr
tons are made. For them govern
mont exists. Let them retire th
faithless agents, who, when the credit
ors Of the State came and said, v
know your resources, We know vol
wrongs, We know the equities 70
have, we know the interest con
pounded on you, we know the FIVE p,
cents were funded in six per cents, v
know the dollar of to-day is wort
nearly twice as much as when Il
bonds were Issued and we know yor
losses, and in view of these we wi
take so 4, when the creditors sal
th~issreplied. I'VE are a great State, v
can do better than you ask, We al
wealthy, we will give you 1903.
Down with such agents, down wit
lobbies, down with NAL administr,
ton. Up with the Gag of the peopl
Send only true men who will stand b