Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1881-12-13
THE 1908 CASE
Argued Rt Nashville Before the
Supreme Court Yesterday.

From the Banners Report.l
Ex-Governor Marks, of the oppos-
ing counsel, said the question was,
should the 1908 case be advanced?
He said the defendants were unneces-
sarily alarmed concerning the speedy
advancement of the case, admitting,
however, that there is danger of col.
lecting $l,500,000 useless or unjust
taxes. He said the Funding Board
were not officers in the strict sense of
the law He asked the question
whether it could be advanced under
the law. The law provided for the
bearing of cases in their order. There
were reasons, grave in their character,
why this case should not be advanced.
Grant that the court may not declare
this case unconstitutional, will it not
be right and just to give the people
the right to approve OF the mortgage
placed upon them? He said the
question Of the passage of the 1908
act by corruption would be discussed
at another time, but if it was the fruit
of corruption it ought to be stamped
out The highest public policy de-
mands that corruption shall not take
the reins of government. The de-
tense admit that they are defeated
dnless the court grants them extraor-
uinary favors.
He said the court may not have the
power to throttle legislative corrup-
ton, but the General Assembly has.
Could it be possible, therefore, that
the highest public policy demands
that the court should advance this
case, and afford bribery a possible
cover2 If so, then bribery is above
the law. So far, bribery and corrup-
tion had failed in their purpose. Ju-
dicial action has given them pause.
BE said it is a simply submitted
fact that the highest public policy
imperatively demands that corruption
shall not usurp the reins Of govern
ment.
de said it may turn out, if the case
was advanced, that the Court will see
upon the trial that deadly blow has
fallen upon the State. importing its
life and integrity as a sovereign State,
but that it is without power to arrest
the calamity, and that its repeal by
the Legislature was the only remedy. |
1t will be then too late. IF the case
was permitted to stand that remedy
may be applied and all the possible
evil averttd. If, however, the next
General Assembly, after the whole
subject has been considered, adhere to |
the act, then, and not till then, the |
Court should hear this case. When |
the Court examines this case it will
be seen that it is admitted by the de-
fense of the defendants that the act in
question is the fruit of corruption.
Mr.. George CAN'T argued that the
case ought not to be advanced that
there is no necessity for its advance
ment. He charged that the act was
the fruit Of corruption. The defense
admitted that wrong had been COM
mitted then why did they want the
case advanced? It was an 'unmixed
evil" which the court was asked to
make haste to perpetuate. The court
cannot correct it the ballot-box must
correct it, He thanked God that the
charge OF corruption had never been
brought against the bench. Of Tennes-
see; but here was body against whom
that charge was brought, and it would
be indicate in the Supreme Court to
interfere with it. He said the Fund
ing Board was the board of bondhold-
ers and railroads. In conclusion, he
thought the motion to advance ought
not to prevail. At the conclusion of
Mr.. Gantt'S argument, the court
ordered recess Of ten minutes.
Mr.. Thomas Malone, for the ad-
vancement OF the case, closed the ar
gument. He said Mr.. McPhail Smith
it would seem, had exhausted the
question. He said the practice of
the Courts in Tennessee had been to
advance cases. He thought the ad-
vancement of the 100 3 case was nee
essary for the proper administration of
justice. For the first time in the his
tory Of Tennessee the Supreme Court
was asked to consider the charge OF
corruption and bribery brought Against
the General Assembly. He said we
have here a set Of defendants refu ing
to hear their own case. There was
no statute in Tennessee depriving the
Courts Of Tennessee of the right of
cases; neither was there
any statute requiring Courts in Ten
nessee to hear cases in the order in
which they are docketed.
He said if the State is not inter
ested in settling its vast bonded in
debtedness, he could scarcely see in
what question the State might be in
tcrested. He said when the com
plainants asked the Supreme Court to
sit in judgment upon the purity and
integrity Of the Legislature, that il
came not with grace from the attor-
neys on that side, but would como
with better grace from a demagogue
a. stump speech to the peo
pie.
The argument Of each of the attor-
neys was quite lengthy and able.
The court will probably give its
opinion on next Saturday.
LEDGER job printing Office, 13 Mad
ison street.