The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-04-23
HON. w. B. swANEY.
The President of the state Bar Association
States Why He Favors Oonstitu-
tional Convention.


States Why He FRvors a Oonstitu-
tionaI Convention.
TO the Constitutional League:
GENTLEMEN-After reading a synopsis
OF the able and exhaustive argument of
your President Hon. James H. Malone,
do not deem it necessary to do more
than to add few facts to illustrate and
make stronger, if possible, the urgent
need for a constitutional convention.
ExtrAvagant Government.
1t will not be denied that many evils
exist today in our State government.
Indeed, Col. William II. Carroll, late
chairman of the State Democratic Ex-
ecutive Committee, recently made the
statement that Tennessee is the worst
governed State in tho Union. Compar-
ing Tennessee with such States as
Georgia, the expenses of the State and
counties in Tennessee would certainly
appear outrageously extravagant Let
me point out the difference in the cos is
OF two items between the States OF Ten
nessee and Georgia for the year 1896.
Comptroller Harris shows in his last
report that the State and counties in
Tennessee paid out for insolvent GRIM
inal costs during 1896 the enormous sum
OF 81, 25O,00O. The State OF Georgia paid
out for the same service during the
year 1896 less the sum of $4,000. Ten
nessee paid for judicial salaries dur
ing the year 1896 the sum of $685.
600 Georgia paid for judicial salaries
during the year 1896 only the sum
OF S55, 900. Is there any sound reason
for these glazing differences in the cost
of these two items in the two States?
Georgia has more population and wealth
than Tennessee, according to the CEN
sus of 1890, and it has undoubtedly out
stripped Tennessee since that time in
almost every particular The same
political party has had control of both
States practically all the time during
the last quarter century, and the peo
pie are relatively the same. If any
difference exists Tennessee has the de-
cided advantage. The natural re
sources of Tennessee are much greater
than those of Georgia, and her popula
ton better on an average.
Reason for Extravaganza.
The fundamental difference between
the State governments Of these tive
States is directly traceable to their Con
stitution. Tennessee's present Consti
tuition is makeshift, and was declared
to be such by its trainers. The immor
tai Toombs would not allow the consti
tutional convention of Georgia to ad
journ until it had adopted a constitu
tion fit for the Empire State Of tn
South, and he pledged his fortune TO
the purpose OF defraying the expense
of the delegates after the appropriation
for that purpose had been exhausted
The history of these two conventions
we'll known, and need but call atten
ton to the facts.
AS Democrat, l deny that all th
evils of the State government of Ten
nessee are due to party mismanage
ment. Many of these evils would nece!
sarily exist under the administration c
any party with our present Consttu
tion. Numerous efforts have been mad
during the past twenty-five years I
remedy nearly all of these evils b
legislation without a constitutions
convention. During most of this tim
we have had able Chief Executives, an
General Assemblies up to the averag
for honesty and intelligence, and the
have uniformly passed laws attemptin
to cure these lila, but unfortunately tn
Su )reme Court has felt constrained {
declare these acts unconstitu tiona
The Supreme Court is not to blame
most cases, for the reason that there ar
so many prohibitory clauses in the Coz
stitution OF 1870 as to render it we,
nigh impossible to draft bill upon an
of these important questions withoI
contravening some of its far-reachin
provisions.
No less than FIVE acts of the generi
assembly OF 1895 have already been
clared unconstitutional by the supreu
court. to-wit: The no-fence law, an a
in regard to the collection of unclaime
costs, the act attempting to reduC
criminal costs and changing the graC
of punishment for larceny, an act to c
tablish levee districts to protect certai
lands lying in Reelfoot basin, and IL
general assignment law.
Looking Backward Instead of Forwsr
The constitution of 1870 was made
suit past condition of affairs and
does not suit the present generatio
No better illustration Of this fact CT
be found than the provisions concernil
tho governor. The governor, althoul
sworn to enforce the law, is deprived
all power to do so. Only few yea
ago this fact was fully demonstrate
when the miners riots occurred in Ea
Tennessee. 1t was discovered that t
governor had no power to call out &
militia or otherwise deal with the rio
ers, and the result was that it cost Il
people over $780, 900 more than it shon
have done to deal with these riotel
and the acts of the general assemb
establishing National Guard to pl
vide for future contingencies Is OF G
ceedingly doubtful constitutionality.
After the numerous constructio