The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1882-02-22

tice D4sderick, aud Hon. Edwin H
Ewing, sitting as Special Judge In
place of Judge Cooper, rendered
dissenting opinions:
JUDGE TURNEY.
The act is merely proposal for con-
tract. The first question is, have the
complainants any interest in the suit to
entitle them TO sue 1t is the inherent
power of the court to give remedy TO its
citizens about to be in jured, and it must
be that compliments, as tax payers,
have an interest to invoke the remedy
of the court l. is not necessary to wait
until they have been injured. The in
jury 10 already threatened by the con-
tract being about to be consGmmated,
and they can move in this matter. If
there is no precedent. we must make
enc, / think, however, we have a pre-
cedent in our own courts.
The action of Qaid tiret always applies
where a great and irreparable injury is
about To follow. II is next insisted this
is a suit against the State by the act of
1873.
The selection OF the State officers was
merely a conventional method of carry
ing out the act. They could have as
well selected rhe sheriff or any other Of
fcer of the State. No good reason is
given where an act lie unconstitutional,
thar a suit against the officer to prevent
him from executing such an unconsti-
tutional act is q suit against the State.
By what rule can the servants rise
above the master II the officer is crea-
ted Oy unconstitutional Law, be has no
power, and is no officer Of the State at
all There being no legal officer. suit
against those named as such, ia not
against an officer of the State.
The argument that the bondholders
arr net before the court is not genable,
tnis beiag only proposition for a con
tract. The third section of the act
uakes coupons receivable for all kinds
of taxes, the school bonds included, aud
thereby violating the general school
fund by making this fund subject to the
mortgage fund. The question, then, is
shall the constitution or the act of the
legislature succomb!
One Legislature cannot bind the sue
cessiVe legislature. This is in direct con-
fict with the constitution. No Legis-
lature can exceed its own session. The
policy OF the constitutional COW ention
was to limit them to their own term, as
they are not able o see what will occur
in the future by way of war. famine,
etc. BY this act the first money must
be paid to the bendholders before any
thing can be done, and hence the gov
eminent is not TO pay its necessary in
debtednsss, to carry on the government.
The creditor has no right to expect a
first mortgage on the funds of the Stare
This will be q surrender of sovereignty.
The State has a right to be its own fiu-
ancial agent. 1 express no opinion on
bribery, as under the constitution we
have no right TO inquire into the mo
tives of the Legislature. am there
fore in favor of declaring the act uncol'
stitutional, ana the Injunction be made
perpetual; and in doing this, do no
want it understood that favor repudr
alton.
JUDGE FREEMAN.
My opinion as TO the jurisdiction &C
cords with Justice Turney's, ard viii
not say Anything on that. As to tn
policy or wisdom of this act we have NJ
concern. shut my eyes to everything
and only consider what is law. TIL,
question of consequence to pSlitica
parties we cannot consider.
On the coupon question he SAYS
The court Of its own melton dismiss
ed the bill. The only question is, cal
the Chancellor, on bissown motion
without a demurrer or motion TO dis
miss, dismiss the bill Does the sufh
cheney of the matter Of the bill entitl,
the complainants motion on the bill
The action of the Chancellor. was erro-
neous and ought TO be reversed. Tht
defendants never asked to have the bill
dismissed, and the question il not per
sonal with the Chancellor. These step,
belong to the State, the attorneys or re
preventative Of the State. The languag,
OF the statute excludes such q course
No motion has been made to dismiss, OF
plea of demurrer fled. We caanos treat
the case as il ought to have been done.
We can only 60 by the record. ] think
he had no power to raise the question
on bis own motion and on the constitu
uonal question; however, he would say
can this contract be made, admitting il
TO be in violation OF the Constitution
either expressly or by implication.
1 think the Judge has the rlgat, and
must act with freedom in declaring the
law unconstitutional, as The Legislature
does TO pass a law that Is constitutional
I think under his oath, he should 30 act
He represents the sovereign WIN OF thu
people the same as the Legislature
That Judge ought to act according e
what is his duty, and in his sphere. Ii
Is passed knowing that the CO arts should
act ON its validity. With the party com
biDaii Ms that have gathered around
this measure. have no concsrn. II IL
Is In violation of the constitution, A
must go down, and I must say so. To
TIC constitution all must bow.
The constitution Is the charter. Il the
organic law OF the people. No power
from without can exercise anF influence
over It's organism inconsistent with Its