Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1882-02-18
THE 1908 ACT
UNCONSTITUTIONAL.

The Supreme Court, at Nashville,
on last Saturday, rendered its decis-
ion in the 1908 injunction case,
judges Turney, Freeman and Me-
Farland holding the act to be
unconstitutional and void, while
Chief-J ustice Deadrick and Special
Judge Ewing, gave dissenting opin-
ions. The main point in the case,
upon which the majority based
their opinions, was the coupon fea-
ture which was decided to be in vi
Olation of the constitution and or
ganic law of the State. The opin-
ions of all the Judges, except that
of Chief-Justice Deadrick, were
voluminous, and we regret we have
not the space to give them in full.
For the benefit of our readers, how
ever, We have thought it advisable
to give the opinions of two of the
Judges, Ewing and Mcfarland, pro
and con, upon the coupon feature of
| the bill which was the only ques-
tion in the case upon which ma
jority of the court agreed and de-
cided the act unconstitutional and
void. Upon this point Judge Nc
Farland said:
violates the Constitution of the State. Sew
eral objections have been taken to it on
this ground. but the argument has been ad- |
dressed mainly to what is known as the |
coupon feature" of the act, and the ques-
ton, in importance, undoubtedly over |
shadows all others. The bonds authorized |
by the act, as L have said, will aggregate |
twenty-seyen million of dollars. They are |
to run for ninety-nine years from lst of |
state at any time after five years; they are |
to bear interest at the rate of three per
cent. per annum, evidenced by the coupons
payable Semi-annually in New York.
The Sd section provides that the coupons
on and after the maturity shall be receiva-
BILE in payment of all taxes and debts due
the State except for taxes for the support
of the common schools and the payment OF
the interest on the common school fund,
and ana sald @ coupons shall show upon their
section enactS that the bonds shall be SUBJ
stantially in the form there set out. The
form of the bonds there set ont contains
this provisions to wit: "The coupons of
the bonds as they become due are recieva-
BILE for all taxes and debts due the State of
1enneSS66." VIII not StOp 10 consider |
the effects of the discrepancy between the
Sd section and the form of the bonds set
out In the 9th section, the former making
the coupons receivable for all taxes and all
debts with certain exceptions the latter |
making them receivable without eXcep- \
ton. will assume the Sd section to pre-
vail. The purpose of these provisions is |
manifest.
The stipulation that the coupons are re-
ceivable for taxes and debts due the State,
especially as Incorporated into the bonds
and coupons themselves, will, If valid,
constitute part of the contract and will be
within the protection of the clauses of the
Constitution of the United States prohibit
ing States from passing laws impairing the
obligations of contracts, provision which
the Federal Courts avejuriSdictiOn to en-
force, and this notwithstanding the Consti-
tuition of the United States denies to those
courts Jurisdiction of such suits directly
against the States. The Federal Courts
take Jurisdiction of the officers of the State
and enforce this provision of the Constitu-
ton Notwithstanding the contract to be
enforced by the contract of a State and the
State be the real party in interest.
This is the well-settled law of the Su-
preme Court of the United States. (Os-
VS.. WoolSey, Is, Howard Bank VS.. DebOlt,
ibid, 300; FurInan VS.. NichOl, 8, Wallace,
Hartman VS.. GreenhoW, u, Otto; Davis VS..
that if the act be within the power of the
Legislature, and the bonds be issued, the
provision in regard to the receivability of
the coupons for taxes and debts due the
State cannot be repealed so as to affect the
holders right during the ninety-nine
years, or so long as the coupons remain un-
paid, and any attempt to so repeal must be
declared imperative and void by the courts
of the State in obedience to the mandate OF
the Federal Courts. The holders of the
bonds and coupons, therefore, would have
this security, that SO long as es.cn success
iaiIv any tax over and above taxes for the
support of common school ana interest on |
the school fund, they Wo9Id would nave "a the PRIOR
treasury, by rendering the coupons in pay {
ment. The result, therefore, would be that |
no future Legislature could, on any ac- {
count, omit to levy the necessary tax to I
pay the outstanding coupons in addition q
to the current expenses and other debts OF a
the State and besides when so levied, the t
holders of the coupons would have prior (
claim on the whole fund, and whatever a
loss or delay might occur would fall or be b
liable to fall upon the other current eX- e
penseS and debts OF the State. Future Leg I
would have no other alternative o
unless they refuse to levy the necessary
5axes 70 support the government. In short il
The effect of the act is to place the question a
Of the payment of these coupons and the o
manner of their payment beyond the con. p
rOl of any future Legislature or even of the e
people themselves in convention assem- .
,led, for ninety-nine years II any portion t
If the coupon remain unpaid so long, and is
o take from any such future Legislature II
Ill right to control the resources raised by Il
hem to the extent of the sum necessary to p
,ay the coupons or over eight hundred Il
thousand dollars annually, and further to c.
rest in the Federal Court jurisdiction to d
nfOrc6 the demand. me OD16cJlOn is not a.
o this power OF the Legislature to make by e.
aw coupons receivable for taxes. This Il
,Ower is not denied. The objection is to v
he power to stipulate by contract that the N
aw shall not be repealed. The question is, "
las one Legislature the power to make l.
uch a stipulation binding upon any future tt
legislature? do not favor the doctrine al
hat courts may declare the acts of the RI
legislature void upon the idea that they
'iolate in some general and underlined way p
he principles OF Republican Government. OF
also adhere to the doctrine that in general | tC
,tate Constitutions are to be construed as III
Uniting and restricting, but not as grant IL
ng legislative power. If the power be in gt
is nature legislative then it belongs to the pl
legislative Departments, unless some limit IE
r restriction be found either in the letter W
r spirit of the Constitution, And In ap- It
lying these limits and restrictions, have ii
eyer been disposed to ''stick in the bank ST
r to be too liberal or hypocritical in con- | OF
truing the Constitution. But when l re- I'll
ard a vital principle violated, then deem eJ
my duty to declare the act imperative, | w
Without resorting-out of mere Difference to ul
he Legislature-tO extreme or refined SUBJ bt
etieS to sustain it, w
l take it to be & sound and well recog" in
iZed principle, plainly deducible from th
ur Constitution, that the legislative pow st
+ vested in each General Assembly as the bf
representatives. of the people to legtSlate
pom any subject, is limited to the two m
ears for which they are elected, and is W
learly beyond their power to enact any til
lW on any subject that may not be repeal be
d by the same or any subsequent General II
ASsembly. This l take to be self evident w
rODOSlI1on a1lu one Bnll Will not DO denied. III
me generation cannot legiSlate for the tn
ext nt
The people through their represen tatIves &C
ave at all times the right to change their If
Avs to meet the eXigencieS as they arise. cy
But while this is admitted it is MAIN th
aimed that legislative enactment may also
lVolve elements of contract that cannot ci
e changed at the will of the sovereign de
over. The laws may be repealed but the te
OF contracts cannot be impaired. tn
Irrepealable laws may not be passed, but eli
tates may make contracts obligatory up is
n the people in the future. This is beyond re
uestion. By the custom OF civilized ma is
ions they have the right to contract public
ebtS not only obligatory upon the people m
Tho contract the debt, but upon future tn
otherwise, they might in times &c
war be unable to preserve the life OF the en-
alton itself. But States in creating such re
ebts act as soveroigns and cannot be CO. Co
reed into payment. The faith, honor and as
redit of thG State and of the people are III
ledged for the payment of the debt, but tn
1e people through their representatives in tn
ach successive Legislature EluSt be left to OF
adeem their part of the pledge. It is not in
Ontended that there is any mode to oo6rce ST
ne State into the payment of an ordinary fo
Ond-I mean one without the coupon
,ature :" but it is equally certain, as has qr
cen shown, that there is a mode by which or
ayment of the coupons of tho character tn
-e are considering may be enforced. ar
The provision in regard to the coupon is es
Ot only law regulating collection and 90 90
of the revenue and the con- nS ne
aEtsaN NAnfI