Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1881-08-27

TERMS $500 TN ADVANCE.
WILL THE SUPREME COURT
HEAR THE CASE AT ITS
DECEMBER TERM
Since the members of the suprc me |
court have decided it TO be inexpe-
dent to hold an extra session, in or
der to take up the 1908 Casa fact |
which is to be regretted since we
believe the people desired the mat
ter settled rs soon as possible, and
their minds put at rest in re-
gard to the payment of the tax
necessary to carry out the provis-
ions of the act-the question of
whether the case can or will be adj
Vanced on the docket, ut the COM
ing regular term in December is one
which is now interesting the minds
of the people of the state. "Will the
court hear the case al the December
term ?" we hear asked every day.
OF course we have no solution for
this question, as the matter rests in
the bosom of the court under their
construction of the law. We will
give, however, for the benefit of
those who desire to know, the law
upon the point.
An act was passed in 1871, making
it the duty of the court to hear GER
tain cases, whose immediate deter
mination would be necessary to the
public welfare. It is under this act
that the supreme court will act if it
advances the case on the docket.
The act is as follows:
at shall be the duty of the several courts
of this state, to advance on their docketS
cases which may be at amy time pending
therein, the decision OF which shall directly
revenues, whether of state, counties, or in
corporated towns or cities, ETC."
Does the 1908 act then involve
questions concerning the public rev.
enue? We think it certainly does.
1t is argued that no specific tax was
levied to meet the requirements of
this bill; this we deny. While no
direct mention may be made in the
tax bill in regard to this specific tax,
yet can it be denied that the tax
bill was framed with direct refer
ence to the appropriation bill IN
which it is expressly stated that
enough revenue must be set aside,
as will be sufficient to meet the in
terest on the bonded Indebtedness
for a certain length of time (two
years, we believe.) If then the
whole increase in the taxation was
based upon the requirements of the
appropriation bill, which in turn
was increased in order to raise rev.
enue to pay off the bonded indebt-
edness of the state, can it be denied,
that the 1908 bill, which acknOwl-
edged the Indebtedness and provi-
ded for its settlement ut these fig
ures, involves no questions concern
ing the revenue ? By what process
of reasoning do the gentlemen who
oppose the final and speedy decis-
ion of the court on this injunction
bill. arrive at such a conclusion
Their argument is a sophistry.
Then does not the 1908 involve
questions concerning the public rev.
enue, which throw it directly I'M
der the act of 1871, and makes it
the duty of the court to advance
this Injunction case on the docket
at its next regular term. We think
so. A certain tax has been levied
proportional to pay the interest on
this debt beyond the running ex
penses of the state, and unless thE
case is decided it will have to liz
idle and useless in the vaults of tint
country, liable to a thousand
misuses and speculatiOns. Why no
then let the court try the case ant
decide it one way or another.
the injunction is sustained, VII,
then, that is an end of the matte
and the legislature can be calle
and do away with the collection
this then unnecessary tax IL di'
missed, then the funding board ca
90 along with its work and refun
the bonds and the interest be pal
out of the revenue already collected
This is a fair statement of the cas-
The Iow-taxer5 $50 called) threw tt
caseinto the courts and now they fei
the very tribunals from which the
sought redress for their fancie
wrongs. Delay! delay they 'r.
And i'm this cry they show the
hand and divulge the first and onI
intent with which they filed Il
bill. They have grown holder
late, and siezing upon the unfavor
BILE condition and prospects OF Il
growing crops, they are endea
ing to fire the popular heart by a
pealing to the passions and pref
dicesof the unthinking, and throu!
them attempt to raise popular c
for delay in this all-important mi
ter. 1t is false to deny that the pc
pie want speedy settlement of t
whole ease. They do not wish
sent back into the politics Of t
state to engender bitter strifeS al
discomfort, and destroy the unity
the state democracy.
1t is clearly a case involving t
public welfare and as such the
preme court will, we hope, advar
il on its docket and let it be final
and forever settled.