The Bolivar bulletin. (Bolivar, Tenn.) 1888-1946, 1896-08-28

rather be population. The existence Of this re-
striction has resulted IN counties in which the
larger cities OF the State are situated being gov
erned In an unsatisfactory and extTayagant
manner; In fact imposing taxation without rep
resentation. The constitution In this regard
should be more flexible, to the cad that each
county may decide for itself as to its local gov
eminent. II the people OF any given county
desire 10 retain tho county court they Should
undoubtedly have that privilege; but II other
counties from past experience find such body
extrayagant and unsuited to their wants, then
they should have the right to choose simpler
and less costly form OF government. This right
is denied under the present constitution (Pope
vs.. Phifer, Heisk., 681) The foregoing sus-
gestions are embodied in the constitution OF
Illinois, Missouri and other progressive States
Our judicial System.
Elaborate statistics presented to the State
Bar Association in 1894 showed that Tennessee
had more courts than any other one OF her ad-
joining sister States, and proportions ely more,
possibly, than any other State i'm the Union;
and yet so great was the delay in administering
justice that the legislature OF 1895 created hVe
new courts. The difficulty lies in our cumber-
some and unwieldy system OF dual courts, tied
down by Anticipated metho Is of procedure.
While in Tennessee 1909 cases annually come
before the supreme court for trial. the general
average i'm other States is not over 400 cases.
Comment here is unnecessary. Litigants hav-
ing admitted rights are constantly turned out
Of court with the cold comfort that by applica-
ton to another court relief may be had. No
man having an admitted right should be TUNED
out Of any court in the State and forced to the
useless expense Of seeking another form to vim
dictate his just cause We want fewer courts,
better paid judges, less delay in the trial OF
causes, simpler methods of procedure, the same
rules of legal and equitable jurisprudence adj
ministered in every court, so that every cause
may be tried according to the very right OF the
case; all of which can be accomplished at much
less cost than our present cumbersome system.
No Fence Law.
Many of the counties have become so denuded
of their forests that the matter OF fences has
become so costly as TO make the people clamOr-
GUS for a no fence law. Each county should be
allowed to regulate this matter according to the
will Of its people. An act was passed by the
present legislature intended to give this relief,
but in the case of Sutton VS.. the State it was
declared unconstitutional.
Road Laws.
1t is said that the roads of a country are In,
dicaiive of the civilization which prevails among
its people, and all will agree that We are behind
in the respect of public roads. The great diff
Guilty which eonfrOnts us is that no law can be
passed for one county which does not apply TO
every other county in the State. Take the
mountainous counties of East Tennessee, where
in many parts all that is needed is trail around
the mountain, or even take Middle Tennessee,
where there is an abundance of stone, and the
soil is tough, then take West Tennessee, where
there is no stone, and the earth In large meas
ure is composed of sand so that it melts imme-
diately upon being brought in contact with
water and it will at once be seen that it will be
impracticable to pass general law for the
whole State under which we can have anything
like good road system for either division OF
the State.
Election of Comptroller. Secretary OF
State and Treasurer.
The legislature usually spends week or two
wranging over the election Of Comptroller,
Secretary of State and Treasurer, creating ami
moslties and engaging in log rolling and dick
erings which often affect legislation, and not
only this but at an enormous expense to tho
people of the State We believe these Officer1
should be elected by the people as in the case ei
the governor. In this connection we suggegt
that less power should be given to the coInl'-
troIler and more to the governor.
GubernatoriaI Succession.
1t is weIl-known that no provision is maze
for the gubernatorial succession in certain col
tingences. 1t was first called to attention within
It was supposed Gov. Turney would die after his
believed that any statute which may be passed
on this subject would be unconstitutional, ard
yet 1t can be readily seen that in cases of great
political excitement a state OF anarchy and cop
fusion might be forced upon TIE people.
GubernatOrial Contest.
Recent events demonstrate that the provisions
of the constitution with respect to a contest az
to the election of governor are, to say the least
OF II, capable of widely different constructions,
out of which great animosities and difference
OF opinion have arisen. This important subject
should be put beyond debate by clear and ex-
plieit provisions in the constitution.
Local improvements.
Tennessee stands alone in forbidding part Of
the cost OF local improvements, such as the
building OF streets, sewers, roads, bitches,
Ievees and the like, TO be charged upon tho
AUDITING and adjoining property in proportion
to the benefits received by such property. III
first decision declaring such laws unconstitu-
tional was in the case of Taylor VS.. Chandler,
Heisk, $40. An act passed by the legislature o.
1895 to lay Off and establish that part OF Reel
foot Lake basin and Oyerflowed land into levee
and drainage district, and charging the cost
thereof upon the recl2imed property, was de-
clared unconstitutional at the last term of tho
supreme court. Such decisions place a veto
upon all public Improvements of this character
Convict Labor.
II itisnow competent, or under future acts of
congress becomes competent, for the State %
absolutely prohibit ths Importation of articles
manufactured by cOnyiets outside of the State,
then we are heartily in favor of placing such
provision in the constitution of the State, thus
protecting honest labor from ruinous cOmpeti-
ton with the criminal classes of other States.
Free Passes to Public Officials.
In the new constitution of New York, pro-
mulgated in 1894, as we'll as in other new cOnsti-
buttons, all public officials are forbidden to use
free railroad, telegraph or telephone passes, the
experience of the people in various States show
ing concluslveIy that such free passes have a
corrupting influence upon legislation and due
administration of the law. We believe such a
provision should find place in our constitution.
Conclusion.
It Will be observed that scarcely any of the
above suggested reforms can be realized except
through a change of the organic law. The
legislature might undoubtedly give some relief,
but only partial relief. This partial relief, how
ever the legislature has failed year after year
10 extend to the people.
While annually some most excellent and COM
petent men are found among our legislators.
vet it is believed these are not always in the
majority. For the most part the members are
inexperf enced, and the legislative term so short
that between inexperlence and incompetence,
not to mention the powerful lobby which BIZ
annually assemblies at Nashville, public affairs
have gone from bad to worse, until we believe
rising OF the people over the whole State. IRE
spective Of creed or political faith is absolutely
-. rs1,.