The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1882-02-18


or demurrer filed. We cannot treat
the case as it ought TO have been done.
We can only go by record. Ithink
he had no power to raise the question
on his own motion, and III the consti,
tutional question:, however, he would
say, can this contract be made admit
ting it to he in violation of the consti-
tuition either expressly or by implica>
tioD7 | think the judge has the right
and must act with freedom in declar.
ing the law constitutional, as the leg
isature does to pass law that is con-
stitutional. | think under his oath
he should so act. He represents the
sovereign will of the people the same
us the Legislature. That judge
ought to act according to what is his
duty and in his sphere it is passed
knowing that courts should act on its
validity. With the party combin-
tons that have gathered around this
measure have no concern. 1t it is
in violation of the constitution it must
go down and | must say 50. TO the
constitution all must bow. The cons
stitution is the Charters the organ
ic law of the people, made in conven-
ton of the people and accepted by
the people. No power from without
can exercise any control over its or
ganism inconsistent with its principles.
The exercise Of these principles is the
life of the state. That the legislature
can control the constitution it gives
them power to destroy the thing that
was ordained to live by the will of the
people. The power to impair or
weaken the government is CONTRA
diction. Whenever the constitu ton
prescribes certain law, nothing can
be done contrary to that by any pow
er in the state. Nothing that prevents
perfect freedom i'll carrying out the
enactment Of the constitution can he
permitted. The old bonds contain u
solemn pledge and the honor of the
state. These new bonds make Il con
tract. | heartily am in favor of the
sentiments in the old bonds, and think
that the sta,e should maintain her
fair escutchYon in paying and uphold
ing them. The new element, the new
security, and of such nature that
they agree to wait ninety years and
only pay one half rate Of interest. 1t
is on the same state and the same peO-
pie. The old contract has no lien on
the revenue and no Icoercive power
exists. If the element of coercion
exists, as it cannot be doubted, he
can compel the state to pay her debts.
1t gives to some creditors the means
Of getting their debts paid, which 9th,
er creditors of state do not possess.
The contract is certainly in the ma
ture Off mortgage ad can be foreclos-
ed as the nature Of mortgages and
mortgage exists. If the tax collec>
tor refuses to receive it shen he can
resort to the court to have such mort
gage Ms it were foreclosed and the prop
erty of the state sold to pay it, while
other just creditors are left without
remedy or payment until these bond
holders are paid. Each Legislature
should assemble with the same sover>
eign powers as its predecessor, and
any act of any previous legislature de-
priving them gof this power is depri-
wing the people Of their freedom aud
in conflict with the constitution.
Here Justice Freeman delivered an
elaborate argument of his views, and
upon which he based his conclusions
in regard to this point of the coupon
feature being unconstitutional, he
said: 81 can never consent that the
legislature shall destroy that power
that gives vitality to the institution Of
free government; the contract gives
compulsory power over the legisla-
ture. The officer Of the state must
60 unpaid. The government cannot
be carried on until coupons are paid
We think it is with the option of
the people as to whether they should
be thus bound, which they have not
done in this case. do not agree with
my colleague on the bribery question,
and | think there is no constitutional
intimation either expressed or implied
preventing them from investigating
the motives Of the legislature in re,
gard to laws making a contract, but
as to general legislation l do not think
the courts can inquire.
Judge Mcfarland said: eve only
have to respond to the legal question,
and | endeavored to consider it in a
legal spirit" After stating the facts
decidad he said tho ouast;on "a oan