Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1882-02-18
TnE sUPREnE COURT DECISION.

The act of 1881, popularity known
as the 1908 settlement OF the State
debt, has been by three out of five
of the Supreme Judges of Tennes-
see, declared unconstitutional and
the funding of the State bonds there
under perpetually enjoined. The
majority of the court ignoring the
alleged charges of bribery, MAIN
tanning that the courts jurisdiction
was dependent alone upon the I'M
constitutionality of the act and this
same majority held that the act
making the coupons receivable for
taxes, rendered it unconstitutional,
and therefore void.
The opinions Of the judges all
concur in assuming the State debt
is valid and scorning any desire
upon their part to avoid lis pay
ment.
The minority of the court con-
sisting of Special Judge Ewing and
Chief Justice Dederick, dissented
from the conclusions of the major
ity, and in an opinion Of extraordi-
nary force and vigOr, delivered by
Judge Ewing, maintained the val
idity of the coupon clause and the
constitutionality of the whole act.
To say that this decision is a
great surprise to the bar and the
people of Tennessee does not half
express the almost universal COM
ments and expressions Of opinion.
That the decision is not in accord
with the opinion of Supreme
courts of other States and notably
with the decision of the Supreme
court of the United States only adds
to the great surprise with which it
has been received But whether
the decision was or was not the law
before this case arose, is not now
important, for much as we may re-
greet it, such is now the law in Ten
nessee, and as law-abiding citizens
we calmly submit to it and counsel
quiet acquiescence. In view OF the
courts decision it is little re-
markable that this coupon feature
was not regarded as the strong
point in the case of the complain
ants, either by themselves or by
Cd avfa In Hnhafn
upon this bill in the Legislature no
doubt was thrown upon the cOnsti-
tutionality of the coupon feature.
Indeed in the settlement urged
by Mr.. Daniel, the able Senator
from this district, the same features
occurred. The 9th section Of that
bill being in these words, THAT the
coupons on said compromise bonds
shall on and after maturity thereof,
be receivable in payment for one
half of the taxes or debts due from
any person or corporation to the
State and the same shall be printed
OH their face"
Thus we would have been in no
better situation if the Daniel bill
had been passed, for it too as con-
tanning an irrepealable contract by
which the coupons were to be re-
ceived for one-half of the taxes due
from any taxpayer, would have
been subject TO the same constitu-
tional objection which has Just been
applied to the bill which did pass.
The defeat of this settlement
again RENTS us to the chaotic con-
dition it was hoped we had emery
ed from. Again are we called upon
to decide what we will do with our
State debt. We are faced with the
appalling fact that it is increasing
at the ruinous rate of $4,000 per
day. 1t can never be repudiated.
1t must be settled. The question
Will not down at the bidding of any
man or party. Wehavenorepinings
for our course in the past. We be-
lieve we are right, and firm in that
conviction, we shall continue to
do battle for the settlement of this
hurtful question upon the best
terms Obtainable, and shall hail the
dawn of the coming of the day on
which it shall be finally and forever
settled, with acclamations of joy
and dpIioht.