Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-04-26
A SPECIAL SESSION
or the Legislature to be Called 10 Con-
slider the B0ndhOlders' Proposition
Bill to Abolish
The Funding Board Passed Final Read
ing-SenatOr Barrett'sSeat Declared
Vaeant-Other Matters.

mittee to whom was referred the matter o.
Senator w. X. Barretfs seat, reported
through its chairman, Mr.. Alexander, tha
the committee had been furnished by Gov
ernor Hawkins with all the correspondence
between himself and Mr. Barrett with refer.
ence to his resignation, which was submit
ted as part Of the report. The correspondence
showed that on the 2lst day of March, 1882,
the governor received a communication from
w. r. Barrett, rendering his unconditional
resignation as a member of the Senate OF
Tennessee, giving as his reason failing
health. The governor knowing that Senator
Barrett was under Charges of corruption and
conduct unbecoming senator, replied that
he regretted the circumstances which led to
the senator's resignation and hoped he
would withdraw it. Subsequently Mr.. Bar
rett telegraphed Governor Hawkins from
Jackson, that il his resignation had not been
accepted, he would Withdraw il and named a
day on which he would be in Nashville
The governor replied by telegraph that the
resignation had not been accepted. Subse-
quently Mr.. Barrett wrote to Governor
Hawkins to the effect that he was i'll and
would be in Nashville as soon as he recov-
cred his health, which he did, arriving here
several days after the meeting of the Legis-
lsture, from which time he has daily occu-
pied his seat and participated in the proceed
ings OF that body. Alter a careful review of
the facts the msjorily of the committee
agreed to recommend the adoption of the
reso.u ion declaring the seat OF Senator
Barrett vacant. The report of the commit
tee was received.
Mr.. Watson and Mr.. Duggan submitted
a minority report recommending the rejec-
ton Of the resolution, and offered the follow
ing:
r soIped, That w. r. Barrett has never
ceased to be a member of the Senate, and is
now a member thereof.
The resolution declaring the seat OF Senator
Barrett vacant was taken up.
Mr.. Coleman moved TO pass it over. In
formally Withdrawn.
Mr.. Alexander moved that the resolution
be adopted.
Mr.. Watson moved to substitute the reso-
luton ffered by the minority for the reso-
luton off red by the maj ,rity.
Mr.. Daniel argued at some length and
cited many authorities TO show that in tending
his unconditional resignation Barrett had
vacated his seat under the law. He argued
that resignation once completed and
rendered could not be Withdrawn after the
day on which it was TO take effect.
Mr.. Watson took an opposite view of the
case, and argued that Blrrett had a right to
SItndraw his resignation at any time pre-
vious TO its acceptance by the governor. He
cited numt rous authorities to sustain his
position.
Mr.. Smallman argued the case from legal
standpoint, pursuing the same course as was
mapped out hy Mr.. Daniel.
Mr.. Smith, Of Shelby, said the Hon. Hugh
L.White rendered his resignation as a member
of the United States Senate, and continued to
occupy his seat for the reason that his resig-
nation was not accepted. Mr.. Smith asked
Mr.. Smsllnan if he thought as fine a man
as Mr.. White would have continued to oc-
cupy his seat if there was any doubt about
his right to do so.
arr Sxsi-es- szTcyer Knew there was such 4
man (laughter), but il was no precedent.
Mr.. Smith, OF Shelby, moved to amend
Mr.. Watson's resolution by declaring that
Senator Barrett had the right TO Withdraw
his resignation. Adopted by vote of ii TO s.
Mr.. Watson's resolution as amended was
adopted by the same vote.
The House bill to remit the taxes assessed
for 1882 to pay the interest on the 10O-3
bonds was tabled, assurances having been
given that the governor would call another
special session OF the Legislature, and that
he would embrace the same in his call so as
TO leave the Legislature free to act, provided
it did not accept the bondholders' proposition.
Bills authorizing the librarian to appoint
an assistant, and the State superintendent of
public instruction a clerk, passed the third
reading.
The bill to abolish the Funding Board Of
the Taxing District passed the final reading.
The Senate bill 10 establish an interme-
date court failed for want OF a constitu-
tional msjority.
Settlement of the Debt of Memphis.
Special to the Appeal
NASHVILLE. April 25.-The two bills re-
lating 10 the Taxing District rejected to-day
destroys the law providing for the settlement
of the debt OF Memphis.
special Session to be Called.
Special tc the Appeal
NASHVILLE, April Environment Repub-
licans had conference with the governor
tonight relative to calling special session
TO consider the proposition of the bondhold-
err. The governor will send a message to
the legislature tomorrow morning calling
it to meet Thursday or Friday.
THE HOLDERS OF TENNESSEE BONDS
who have offered to settle with the State at
go and 4, and are as follows, the figures
opposite their names being the amount OF
bonds they hold or represent:
Eugene Kellys 90, sooP. Goddess $1,000
D M1 sss,,am 10000 T IL F. An Andrew %S
and others. 100000 Z; p. Kennedy 1873 .OOO