Savannah morning news. [volume] (Savannah) 1868-1887, 1882-02-13
ONE HUNDRED AND THREE
THE DEBT PROBLEM IN TEN
NESSEE.
The Go mprOmise Measure Declared
nstituttOnal-BasIs of the SUI
preme Courts Decision The
Judges Divided.

NASHVILLE, February 1.-THE opinion of
the Supreme Court, delivered this morning,
declares invalid and unconstitutional the
act of April, 1881, to compromise the bond
ed indebtedness of Tennessee at par and 8
per cent. interest, the coupons receivable
for taxes. Two Of the five Judges, Ewing
and Deaderick, dissent from this decision.
Reviewing the suit, Judge Tourney, in de-
livering mis- opinion, said
One of the Circuit Judges of the State
had granted a fiat eDioining the funding
board. On it's hearing the Chancellor, on
his own motion, dismissed the bill and
complaint The tax payers appealed. The
argument that the tax payer is bound by
honor and word to pay under the exist
ing law the debt and six per cent. interest
and therefore can sustain no injury from
cOmpulsion to pay half that interest, and
therefore ought not to be heard to complain,
cannot avail with the courts. Debtors may
ask an intervention Of the courts to prevent
the enforcement In part of the agreement
to pay, as well as the whole. II, when the
act is a complete or executed contract, and
is being directly enforced, the tax payer
may resist, there is no good
reason why he NAV not
strike 1t at the threshold and destroy its half
grown life. The Legislature is the creature
of the constitution and cannot rise above it,
and when the law-making power violates
the constitution its act is a nullity, and,
being a nullity, is not the authority of
the State. The constitution is the
work of the people, and can only be
changed by the people. The funding act
being unconstitutional, this suit against the
officers. brought into being by it, is not
suit aginst the officers of the State, but is a
suit against the citizens attempting to COM
NIT a wrong, and may be maintained.
The creditors of the State have not now
the right to demand first mortgage upon
the life of the State or its taxes and taxing
power.
In conclusion, Judge Tourney said
he considered the funding act unconstitu-
tional and void, and that the Injunction
was properly granted and should be perpetu
al. Two other Judges OF the majority held
up substantially the same views, but their
opinions are expressed at greater
length, Chief Justice Deaderick, in his
minority opinion, held that the funding act
was not void, and that the courts have no
power to review or reverse the action of the
General Assembly, except where such action
is violative of the constitution, and If within
the constitutional power of the General
Assembly it cannot be questioned by
the courts upon allegations of bribery
or fraud. He holds that the Legislature
has power to pass a funding act, there
bling no constitutional inhibition, and that
the act is constitutional and not void, and
the Chancellor's decree dissoiving the in.
junction should be affirmed. This opinion
is concurred in by Special Justice Ewing.
The decision of the Supreme Court to day
as to the constitutiOnality of the funding
act was on the sole ground that the Legis-
lature could not make valid contract max
ing coulo ons receivable for taxes for ninety
nine years. In all other respects the act is
regarded as constitutional, and the majority
held that charges of corruption against the
Legislature could not be entertained by the
Judicial Department. There was not
question in the case touching the liability Of
the Tennessee Railroad to liens in favor of
the holders of bonds issued by the State in
aid of the roads