The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-12-19
THE STATE SUPREME COURT.
Important Decisions Rendered by That
Tribunal Yesterdny.

Important Decisions Rendered by That
Tribunal Yesterday.
Special Dispatch to Tho Appeal.
NASHVILLE, Tenn, Dec. lS.--Justicc
Turncy delivered In the Supreme Court
today an opinion touching tho four mile
law and one in which n new legal point
was decided, II. c. Smith was convicted
in the Circuit Court OF Grundy County Tor
selling liquor in violation OF the four mile
law and sentenced to pay fine OF SlOJ
and serve thirty days in Jail. Tho dc.
PENDANT appealed. Smith set up Tor de.
Tense that he sold liquor within the
corporate limits Of Altamont, the County
seat of Grundy County, and therefore he
had not violated the four milo law. The
question then arose upon validity of tho
corporation OF Altamont Tho town was
incorporated 10y act OF tho Legislature in
1881, but before the war the municipal
government WIS abandoned and WAS not
kept up between that time and 1885. In
the latter year u Mayor, Aldermen,
Recorder and City Marshal were
elected by tie united suilagcs Of
nino citizens These officers never
performed any duties, aud before
the time OF this indictment tho Mayor
died, tho Recorder had gone away, and
the City Marshal was performing none OF
the duties Of his office. IL wis pu, In the
defense, however, that the non-usual Of
corporate powers did not yitiatc those
powers. and the court agrees to the gen.
eral proposition, but held that this case
was an exception, The legislature ox.
emplcd incorporated towns from the pro-
visions Of the four mile law because Of the
police protection youchsaicd by the town
In lis corporate capacity. In this case the
town authorities guaranteed 40 police pro.
lection, aud therefore the defendant was a
violalor OF the four mile law. In view ri
fact that Smith was advised by eminent
counsel that lac would not Nc Ia v,olntior
Of law uby selling liquor within the cor
poutc limits, the sentence OF the court bc
low was modified 10 this extent Tho i'm.
prisonmcnt rcmitled aud the fine reduced
To $40.
Judge T.. II. East, a special supreme
Court Judge, delivered an important opin.
ion in the case of A. j. Skidmorc, trustee
OF franklin County, Vs. the University oi
the South. This suit was brought h. col
loct State aud county taxes for the years
lsSj-sti-s1. The university authorities re-
sisted the collection OF these taxes on the
grounds oi exemption by special act oi
the Legislature, and u perpetual injunction
prayed for against Trustee Skidmorc. The
Chancellor. however refused the injunc.
ton aud gave judgment Tor the county
and State and the defendant appealed.
Judge Fast reviews the case la n carefully
written opinion, reversing the decree oi
the Chancellor, granting the perpetual in
junction aud taxing the compliments with
the costs. Tho University Of the South
was chartered January q, 1853, by a
special act Of the Legislature, releasing
1000 acres of laud from taxation solong %.
II belonged 10 the university. The uni.
ycrsity owned 1900 acres Ut land. but Il
has never resisted the payment Of taxes on
5000 acres Of this land. Conplainants
claimed liability on the part Of the defend.
ants on the ground that much oi the land
had been rented or leased 10 other pariic.
aud was not used ior school purposes. The
court said that the statute was plain, and
declared that the 200 acres should be- cx.
cmpt from taxation M long ~ II shall be
owned by the university, and therefore
was clearly exempt while being rented or
leased Tor the benefit OF the school.