Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1897-07-07

years behind the procession. Right and
justice should Be administered in all
courts upon the same rules and princi,
pies, and no man should be turned out
OF any court where he may plead or be
lmpleaded and compelled to seek an
other court to vindicate his Just cause.
10 pretend to administer justice upon
any other principle Is to sacrifice the
spirit and soul Of the law to mere
shadow and form.
~Fce-Grabblng Criminal Costs System.
Prior to the passage Of the late law
known as the Jarvis act the State paid
all felony costs and the counties all
misdemeanor costs. We know the
amounts paid out by the State, but not
what is paid out by all the counties.
After obtaining reliable reports from
nearly all the counties, it is computed
that tho costs paid for criminal prosecu-
tons In Tennessee by tho State and
counties exceed 81, $50, 900 annually,
while less than $40, 900 is paid out in
Georgia for the same ~purposel But
then a few years since Georgia remod-
eled her constitution, and when the
convention had exhausted the fund ap-
propriatod to cover the costs OF its
deliberations, one of it's most distin-
gu!shed members, Robert Toombs, came
forward and pledged his private estate
for the extra costs Of the convention,
hence it finished Its labors before ad-
iournment, to the great delight Of Mr..
Toombs, who declared that in so doing
they had locked the door Upon extrava-
gance and thrown the key away.
Here are the figures showing what the
Shelby county criminal court cost the
people for 1896:
Paid by county for misdemeanors. IS 56,4lS IS
Paid by county for workhouse. ....... 1897 Il
Paid by State felonies lest. ............ 2S,67G 70
Total paid by State and county. .... 500, 492 %
1t will be seen the county pays out for
her part Of these costs ST., SIS. so, while
the entire property tax for the county
for 1896 was only $50, 600, ot which the
trustee says he will collect about $685.
600, or not enough to pay the ~county's
criminal costs.
Space forbids further details, but
will add that while a very great saving
could be made by the adoption of what
is called the Georgia criminal cost sys-
tenn" yet thorough and full relief can
not be granted with respect to the
several reforms mentioned above, with
out constitutional changes. see from
the papers that the new criminal costs
laws are already under fro. No less
than five different laws passed by the
last legislature have, been declared un-
constitutional. In fact the old docu-
ment sets on the State like an incubus.
The Tax Laws.
The organic law permits not only
double, but even triple and quadruple
taxation, in view Of which we cannot
condemn the sagacity of the committees
appointed by northern and eastern capt.
~talists, when it reported adversely upon
the tax laws Of Tennessee, and thus
caused capital to pass around Tennessee,
and seek investment in States having
wiser and more just laws. While some
interests are thus subjected to double
and even more taxation, other interests
escape, thus making unjust distinctions.
Some slight reductions in taxation were
made by the Legislature OF 1895, but
this reduction has threatened a deficit
in the State treasury for 1897, and a
still greater one in 1898, and the word
has gone forth that the tax rate as we'll
as the number and amount OF privilege
taxes will be greatly increased for the
years 1897 and 1895.
III our people are to compete on equal
terms with citizens OF other States, then
there must be a reform in our constitu-
ton on the subject Of taxation, which
must be less and properly distributed,
so as to encourage enterprise and capt.
tai to build up our waste places, and
thus create values which in the future
will yield their just proportion Of reve-
nue., to the relief Of our present over
taxed people. We must either keep up
with the procession or fall bohind and
be cast under foot; We must either pro-
gress or stagnate, and s~tagnation is
staring US in the face.
Paradoxical as it may seem, the clause
OF our constitution which declares that
taxes shall be equal and uniform
throughout the State, has been 30
constructed by tho supreme court as to
admit not only Of double but OF triple
taxation; and then again so construed
as to deny the right of the legislature
to tax a part OF a given public improve
ment upon the abutting property most
improved according to the benefits re.
ceived, thus not only placing Tennessee
alone on this proposition, but p~racti-
cally vetoing q large class of public
improvements. Then again when the
legislature in 1875 passed an act to tax
railroads a per centage on their gross
incomes as they are quasi public cor
porations, just as they and telephone,
telegraph, express companies and the
like are taxed in Wisconsin, Illinois
and other States, the supreme court
quoting this clause declared the law
unconstitutional, ELLIS VS.. L. & n. R.
R., s Bsx., 590.) What is the resultP