Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1894-07-04
OUR SUPREME COURT.
Its Disregard Of the Constitution and
Laws.-And Reasons for Electing
a New Court,

obey the statute code 4699 requiring
that they give written opinions stating
the points of law on which the action
of the court is based in all cases deter
mined by them, except in actions where
there is no defense, and the other stat
ute code 47OOl requiring them to file
with the clerk the reasons for reversal
and the points of law in the judgment
of the inferior court in which the error
existed, in all cases where the judgment
of the inferior court is reversed; and
thereby they have prevented the publ
cation by the attorney general of the
opinions deciding points of law not set
tied IN some previous reported decision
as required by another statue, code
4725l and have deprived the ~litigants
in the suits in which the judgments
have been rendered, and the courts try
ing the same, of the benefit of the law
governing such cases as declared by
them.
Although many cases are appealed
to the court in which it is absolutely
impossible to state the case and present
the points of controversy within the
time, the judges have made and almost
uniformly have enforced a rule, limit
ing counsel on each side to one hour
within which to argue any case, and
thus, in such cases, they deny the par
ties to the suits the right to present
them in person or by counsel, and prac.
tically decide the cases without hearing
the parties.
In all equity cases the appeal vacates
the decree of the court below, and all
such cases stand for hearing anew in
the Supreme Court as to matters of
fact as we'll as matters of law, aid the
court determines in each case what its
facts are from the evidence in the rec
ord, [code 1872, yet the present judges
have adopted and enforced an arbitrary
rule %forbidding the argument before
them of facts in any case, even though
the case presents no question but one of
fact, and the finding of the facts is the
decision of the case.
In order to give effect to the odious
and unjust Dortch Law, and to provide
instruments for its enforcement beyond
the power of the people upon whom it
operates, and not responsible to them,
the court has held 10 Pickle 407l that
the Commissioners of Registration pro-
vided for by law, and whose duties are
confined to the counties for which they
are appointed are not countyofficers and
that they may be lawfully appointed
by the Governor, and that their ap'
pointment does not violate that provis-
ion of the constitution Art. II. Sec. II
which declares that no county Office
created by the Legislature shall be
filed otherwise than by the people OF
the County Court.
To secure immunity to the tools EN-.
ployed, the guilty perpetrators, and to
conceal the evidence of the detestable
frauds committed by the Commissioners
of Registration appointed under the
Dortch Law, the court has decided G
Pickle 2O7l that those commissioners
are not required to furnish a citizen,
even if he is a candidate any copy OF
the list of the registered voters, and
that they may refuse to do SO, and that
such commissioners. where they volun'
tarily furnish a copy of such list, may
charge any compensation, however,
%exorbitant, they choose, therefor, and
that they are not guilty of extortion, OIL
other offence, however much the charge
made may exceed the compensation al.
lowed by law for like services when
performed by other public officers in
the discharge of their official duties.
In sustaining the Dortch Law the
court has decided 10 Pickle 4071 thai
the populous counties and the large
cities of the State may be governed by
legislation, with reference to the cleo,
tive franchise, different from that ap'
plicable in the rest of the State, and in
doing so has violated the principle OF
the constitution Tart. II. Sec. 81 re-
curing that all laws shall be uniform
throughout the State, and shall operate
equally and alike upon all the people
of the State.
The same judges have solemnly de.
cided that the Dortch Law which makes
it a misdemeanor subject to indictment
by the Grand Jury, and punishment,
for any person to aid a voter in the Sc.
lection of his ticket, and which requires
all voters, including those who can not
read, to select and mark their own
tickets, is constitutional and valid, [6
Pickle 40Sl and they have actually I'M
posed punishment upon a citizen of
Shelby County, whose only offence was
that he assisted voters in the exercise of
the elective franchise, who, without such
assistance, were wholly unable, by rea-
son of their want of education to mark
their ballots 80 as to indicate their
choice in the manner required by the
law, and who by reason of such law,
and in violation of the constitution,
Art. 1, Sec. O. were denied the right of
suffrage.
In holding the Dortch Law constitu-
tional and valid the court has effect
ually denied to every person unable to