Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1897-07-07
HON. W. 3. SWANEY.

tional Convention.
Tot he Constitutional League:
GENTLEMEN-Atser reading a synopsis
ct the able and exhaustive argument Of
your President, Hon. James II. Malone,
do not deem 1t necessary to do more
than to add a few facts to illustrate and
make stronger, II possible, the urgent
need for a constitutional convention
E~xtravsgant Government.
II win 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 the Union. Compar-
ing Tennessee with such States as
Georgia, the expenses of the State and
counties In Tennessee would certainly
appear o~utrageously extravaganza Let
me point out the difference In the costs
OF two items between the States OF Ten.
nessee and Georgia for the year 1896.
Com ptroller Harris shows In his last
report that the State and counties in
Tennessee paid out for insolvent crlm-
inal costs during 1896 tho enormous sum
OF Sl,25O,OoN The State OF Georgia paid
out for the same service during the
year 1896 less the sun Of $40, 900. 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 glaring differences in the cost
OF these two items in tho two States?
Georgia has more population and wealth
thar Tennessee, according to the CEN
sus o: 1890, and 1t 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 poo
Pile are relatively the same, If n
difference exists Tennessee has the de-
cideG advantage. The natural re-
sources Of Tennessee are much greater
than those OF Georgia, and her popula-
tion better on an average.
Reason for Extravaganza.
The fundamental difference between
che State governments CT those two
States Ia directly tracesble to their Con-
stitution. Tennessee's present. GonstL
tuition is a makeshift, and was declared
to be such by its trainers. Tho immor-
tai Tocmbs would not allow the consti-
ttutional convention Of Georgia to ad-
journ until it had adopted a constitu-
tion fit for the Empire State Of the
South, and he pledged his fortune for
the purpose Of defraying the expenses
OF the delegates after the appropriation
for Jhat purpose had been exhausted.
The history Of these two conventions is
we'll known, and I need but call atten-
tion to the facts.
As q Democrat, I deny that all the
evils of the State government of Ten
nessee are due to party ~mismanage-
ment. Many of these evils would neces-
sarily exist under the administration OF
any party with our present Constitu-
ton. Numerous efforts have been made
during the past twenty-five years to
remedy nearly all Of these evils by
legislation without a constitu tional
convention. Daring most Of this time
we have had able Chief Executives, and
GENERAL Assemblies up to the average
for honesty and intelligence, and they
have uniformly passed. laws attempting
to cure these ills, but unfortunately the
Supreme Court has felt constrained to
declare these acts unconstitutional.
The Supreme Court is not to blame in
most cases, for the reason that there are
so many prohibitory clauses in tho Con-
stitution OF 1870 as to render it we'll
nigh impossible to draft q bill upon any
OF these important questions without
contravening some OF Its far-reaching
provisions,
No less than five acts OF the general
assembly OF 1895 have already been de-
clared unconstitutional by the supreme
court, to-wit: The no-fence law, an act
In regard to the collection Of unclaimed
costs, the act attempting to reduce
criminal costs and changing the grade
OF punishment for larceny, an act to es-
tablish levee districts to protect certain
lands lying in Reelfoot basin, and the
general assignment law.
Looking Backward Instead OF
The constitution of 1870 was made to
suit o past condition Of affairs and 1t
does not suit the present generation.
No better illustration of this fact can
be found than the provisions concerning
the governor. The governor, although
sworn to enforce the law, is deprived OF
oil power to do so. Only a few years
ago this fact was fully demonstrated
when the miners riots occurred in East
Tennessee. 1t was discovered that the
governor had no power to call out the
militia or otherwise deal with the riot
ers, and the result was that it cost the
people owe; 800, 900 more than 1t shonld
have done to deal with these rioters,
and the acts Of the general assembly
establishing o National Guard to pro-
vide for future contingencies is OF ex-
ceedingly doubtful constitutionality.
After the numerous constructions
given the various provisions Of the con-
%atitution of ism IL Ia ida IN .h;nly ~