Southern standard. (McMinnville, Tenn.) 1879-current, 1891-08-08
Col. Savage on the Lease system.

record on the lease system, and has
this to say about it: WIG '..'t'
"When the bill to lease the penis
Tertiary again was before the General
Assembly Of 1889 COL John Savage
was one ef the few Democrats who
stood up against its passage and who
voted with the Republicans against
the:bill. He entered formal protest
against the passage Of the law and
that protest,as spread upon the House
journal, is an evidence of his politi-
cal sagacity. 1t was as follows:
1.This General Assembly has no
power Except the power to make
laws, and it is an everlasting law that
all human laws are repealable.
@ .. This General Assembly has no
constitutional power to make any
contract or regulation concerning the
penitentiary that will bind the people
and their representatives for a period
longer than two years, for if such
power exists this General Assembly
could lease the penitentiary by con-
tract for one hundred or one thous-
and years and thereby fix upon the
people of the State this corrupt and
corrupting monopoly, organized and
sustained by a combination of specu-
lators and powerful corporations con-
trolling, to a large extent, general
business, newspapers and the action
of political parties.
3. THERE'S no express power in the
constitution to authorize the General
Assembly to pass a law to make a
regulation that will lessen the power
or deprive subsequent legislatures to
control and regulate the same, and no
such power can be implied, because
in derogation of the rights of subse-
quent legislatures to make such laws
and regulations concerning the penis
tertiary as they may think best for
the general welfare. Common sense
and Jeffersonian Democracy adhere
to q strict construction of the constitu-
ton and decline to assume doubtful
power. Members are sworn to give
no vote injurious to the public and
shall consent to nothing that will
have tendency to abridge the rights
and privileges of the people. The
lease of the penitentiary, if binding
and valid, abridges the rights of the
people and prohibits future general
assemblies, for the period of seven
years, from regulating and abolishing
the penitentiary.
4. 1t is unwise at this time to make
a contract that will prohibit succeed.
ing Legislatures from modifying, al
tering or abolishing the penal code o.
Tennessee and adopting better law
5. Because it is impolitic and un.
wise to lease the penitentiary for {
longer period than two years. Il
should be kept subject to Legislative
power at all times, and no contrac
should Obstruct legislative action.
Had the Banner looked bach
through the House Journal of 1877, i
would also have found the following
protest from Col. Savage:
John H. Savage, member from
Warren, respectfully protests agains
the passage of House Bill No. 5SS ant
the Senate amendments thereto, ant
assigns the following causes why tn
bill should be rejected: ="
LIST. This General Assembly has NJ
constitutional power to make a valic
lease of the Penitentiary for longe
period than until the meeting of tn
next Legislature.
2nd. The penitentiary being a pub
lie institution should be held at al
times subject to the control of the pee
pie and their representatives, so tina
such changes may be made as tn
people may desire.
3rd. That it creates a monopoly o.
a grand scale, able to crush and de
stroy individual enterprise or weak
en- associations.
4th. That the effect of the bill wi
be to place the convicts under man
agement that is not satisfactory to tn
majority Of the people.
5th. That it would be more equa
and fair to all persons to let out tn
convicts in squads of 80 or more
the highest bidder, and this syster
would bring more money to tn
State.