davidaulloa/AmericanStories huggingface dataset:
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-04-23

have been made to amend our constitu.
ton, but all have failed. But If these
gentlemen who insist upon amendments
are sincere why do they not go forward
and take the initiative and pass the
AMENDMENTS? The truth is this plea 10
mere dodge OF our friends, "ths
enemy"
The Cost of Convention.
l have heard the most extravaganb
statements made with respect to tho
cost of convention, one little 2x4 pa.
per flashing itself into fury some years
since over the "extravagance" of a con.
vention, declared it would cost the peo-
pie 100000. The convention of 1870
cost less than S2S,09O, while our Lava
extra session cost $4,000. But suppose
it would cost 100000, and at the same
time save to the people annually 81, OOO,-
900 or even $500, 900 or $500. 900, where is
the man so dull that he would not favor
having the convention? Regarded from
the standpoint of mere dollars and
cents, no sane man would hesitate o
moment at the idea Of expense, which
is not only trihing comparatively speak
ing, but as stated above, l regard the
wellbeing and future prosperity and
happiness of our people as transcend
emily more important than few de-.
lars, more or less, of expense.
Personnel of the Convention.
often hear the fear expressed that
the convention, If called, would be COM
posed of men of no more ability than
the average legislator. This fear mag
be at once dismissed. Experience ncS
only in Tennessee, but in all the States
has demonstrated the fact that the forO'
most men are glad to serve in so dstip'
guished body. Such an assemblage
does not convene opce in generation
1t marks an epoch in the history of tho
State, Here again we may learn les
son from Mr.. Bryce, who calls attention
to the fact that without exception the
personnel of constitutions convention
is far above the average legislator, and
that the scholar, the educated man, as
we'll as the most profound lawyers in
the State, gladly accept seat in con-
stitutional convention.
There is no patronage or ''pie" to DO
distributed, hence the professional poll
tician sees no particular charm in the
convention, while he must of necessity
be conscious of his unfitness to dis
/ charge the duties of delegate. To the
man Of learning and of patriotism, who
has made the history, the polity and
laws Of his State life study, the OPP
portunity to engage with the foremost
men of the day in recasting the funda-
mental law Of the land is one gladly
embraced. There is no man in Tennes-
see however learned or distinguished
that would not consider it an honor to
occupy seat in constitutional con-
Yention.
II the State calls upon her most dis
tinguished and able men to assemble at
Nashville, with ample time before them
for full and thorough discussion, We
may rest assured that they would give
10 the grand old Volunteer State new
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-04-23
:. Ozanne, 23I-233 rlain ST., Memphis, Tenn.

November, elect all at one time and
have done with it.
The Fee System.
In 1879 the Legislature passed fee
bill, which the Supreme Court promptly
declared unconstitutional.
State VS. Mccain, Lea,
have insisted that valid fee bill
could be passed, and for several years
used my best endeavors to abolish this
system, which has proven in the large
counties to be thoroughly corrupt and
extravagant. 1t corrupts our politics,
and it robs our people, and is very
curse to the office-holders themselves.
The aspirant for Office is set upon by a
vast horde of political buns and So
called workers, and the struggle to cap
ture the big fee-paying Offices is SO IN
tense that it requires large sums Of
money to make canvass, and often the
winner of the prize is so loaded with
debt and with the claims of his so-called
friends that he finally goes out Of Office
without a dollar, unless he seizes his
opportunities and converts his office
into mere fee-grabhing machine for
the benefit of himself and his hench-
men, regardless of the public welfare.
! But the moment you introduce a bill
the cry goes forth, unconstitutional, {"
and between the timid legislator and
the legislator who only wants an excuse
to betray his trust on the one side, and
the great difficulties to be met with in
passing such bill, we have been time
and again defeated; and in my opinion
the shortest way to cut off the cancer is
to begin with the organic law.
No Relief by Amendment.
1t is often-said why go the expense OF
a constitutional convention when you
can amend the organic law? This has
OF late years become favorite dodge OF
all who are opposed TO thorough reform.
In respect to amendments our present
constitution is singularly obscure and
unnecessarily handicaps any needed
change. II an amendment is desired 1t
must first be approved and passed by
the legislature. The proposed amend
ment must then be advertised in certain
papers and in the succeeding legislature
it must be approved by two-thirds of the
members of each house, and this is next
to impossible to accomplish, as past ex-
perience has shown. Finally if ii
passes this ordeal it must be submitted
to a popular vote for ratification or re.
lection when the third legislature is
elected. Thus it would take about five
to six years to amend the constitution,
if you could amend it at all, whereas q
convention can act at once. and end the
whole business in one year. The time
consumed in order to effect change
from the constitution of 1884 to that q
1870 was less than six months.
Mr.. James Bryce, once member Of
Mr.. Gladstono's cabinet and now a mem
Der of parliament, declares in his great
work, "The American Commonwealth
that provisions for amendments similal
to those in our constitution are prac
tically prohibitory. Many attempts
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-04-23
Road Laws.


ut is said that the roads OF country
are indicative of the civilization which
prevails among its people, and all will
agree that we are behind in the respect
of public roads, The great difficulty
which confronts us is that no law can
be passed by one county which does not
apply to every other countyin 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 Tennes-
see, where there is no stone and the
earth in large measure is composed Of
sand, so that Immediately upon being
brought in contact with water 1t melts,
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 a
week or two wrangling over the election
of com ptroller, secretary OF State and
treasurer, creating animosities and en-
gaging in log-rolling and chickering's,
which often affect legislation, and not
only this, but at an enormous expense
to the people of the State. We believe
that these officers should be elected by
the people, as in the case of the gov
ernor. In this connection we suggest
that less power should be given to the
comptroller and more to the governor.
Gubernatoriai Succession.
sit is we'll known that no provision is
made for the gubernatorial succession in
certain contingencies. twas first called
to attention when it was supposed Gov.
Turney would die after his first cleo
ton, but before his Inauguration. 1t is
believed that any statute which may be
passed on this subject would be uncon-
stitutional, and yet it can be readily
seen that in case Of great political OK.
citement state of anarchy and confu-
sion might be forced upon the people.
GubernatorIal Contest.
"Recent events demonstrate that the
provisions of the constitution with re
spect to a contest as to the election o
governor are, to say the least of it, capa
BILE of widely different constructions
out of which great animosities and diff
ferences of opinion have arisen. Thi'
Important subject should be put beyond
debate by clear and explicit provision
in the constitut ion.
Local Improvement.
Tennessee stands alone in forbiddinl
q part Of the cost of local Improvements
such as the building of streets, sewers
roads, bitches, levees and the like, to b,
charged upon the AUDITING and adjoin
ing property in proportion to the bene
fits received by such property. The frs
decision declaring such laws unconstitu
tional was in the case Of Taylor VS.
Chandler, Heiskell, p. $40. An &C
passed by the legislature of 1895 to la
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-04-23
IcoNrrNurp FROM FIRST rAer.l
whereas our railroads pay into your
State treasury less than 100000.

whereas our railroads pay into your
State treasury less than 100000.
Mark, do not say that the censtitu-
tion should declare that these corpora
tions should pay percentage on their
gross incomes, but do say the shackles
should be stricken from the hands of
the legislature, so that If the people
deemed this proper and right mode of
taxation then they should be allowed to
express their will in the form of law.
County Courts.
The county court system in counties
containing large cities and towns or
great population, is almost universally
condemned. 1t violates the funda-
mental principle of no taxation without
iust representation. Take the city of
Memphis for example. Nearly all the
wealth, say three-fourths, and in addi-
tion the larger part of the population of
Shelby county is found in Memphis, and
yet Memphis has only three members
OF the county court living in the cor
porate limits out of total of nearly
fifty members. Who will say this is just?
In laying out counties and providing
the means Of local government our con.
stitution proceeds upon the idea that
these governmental agencies should be
based upon the square mile system and
not upon population. That was we'll
enough probably in 1884 (for we are
practically under the constitution pro-
mulgated in that year,, for at that time
there was not city in Tennessee.
Nashville was mere village, Knoxville
struggling town, Memphis was only a
landing on the river, surrounded by In
dians, while Chattanooga was unknown.
There was not at that time single rail.
road in Tennessee, nor line of tele-
graph wire. The ox-cart has been
changed for the cannon ball express,
the stage coach for the Pullman palace
car; instead Of the mail boy upon his
trusty pony we now have the electric
current in moment/hot only flashing
over the State but in an instant encir.
cling the globe. Amidst these marvel
GUS changes one thing remains un
changed-the hide-bound, rigid consti
tuition OF 1884, including the old fogy
county court In the class of coun
ties referred to the county court should
be superseded by a county board
of supervisors, say of seven intelligen
men, thus concentrating the responsi
bility of the body and simplifying th'
governmental machinery as well as cur
failing useless expense This is th,
rule in other States, but IL every man
woman and child in Shelby count.
wished to adopt such system il
lieu of the county court system sucl
change could not be had, as the suprem
court has declared that the county cour
system is q part OF our venerable consti
tuition, and hence it is beyond an
power save that Of constitutional con
Nention. Pope VS.. Phifer, Heisk., 6sl
Right of Local self-GOvernment.
Herein is violated another principl
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-04-23

dear to every American, and that is the
right of each community to decide for
itself what kind of local government is
best suited to its welfare, OF what con-
Germ is it to the people of Carter
whether Shelby county has county
court or board of supervisors? Why
deny to any county the right to change
its county government? OF course any
county which favors a county court
should be allowed to retain it, but my
point is that if experience has shown to
a people that the county court system
is unsuited to their wants, and is cum
bersome, unwieldy and extravaganza,
then that people should have the un-
questioned right to abolish the court
and adopt plan suited to their neces-
stiles and situation. What we need is
less red tape and more intelligence; less
log-rolling and more business methods;
less governmental machinery, less ex-
pense and extravaganza and more eff
cient governmental agencies all along
the line.
Our experience in Shelby county is
anything but reassuring. In 1898 coun-
ty warrants were selling below par and
the treasury empty, so the court had
S120, 900 in bonds issued and took up all
the floating debt We thought this bad
enough, but few days since the reve-
Toe 10
there was in sight another deficit OF
$4,000. Where is this thing to end?
Can the people be blamed for wishing
to get clear of the court?
Fence Laws.
In the more populous counties the
great forests which once covered hill
and valley have been destroyed with q
lamentable extravaganza, so that back
in the country boards and timber fol
fences and even fire-wood in some in
stances is scarce. The cost of keeping
up fences, especially here in West Ten
nessee, where timber rots so fast, has
become so burdensome that the people
dEo iOb dDl0 w hoOP up lawful AShOS
Hence the legislature passed what was
commonly called the no.fence law, tt
apply to such counties as were clamor
GUS for the law, but very recently the
supreme court declared that law vote
because it applied only to certain coun
ties. Our people in the counties refer
red to cannot bear the expense of fenc
ing as they did in the times when tim
Der was abundant. If they could, still
every tree left to us should be preserved
as It is well-known fact that owing t.
the destruction of timber over thl
whole country lumber is becoming dear
er year by year, hence we are admon
ished by every consideration to pre-
serve the small remnant left from tn
magnificent and valuable forests whicl
once covered our State.
There are many changes vital to GU
interests which should be made, and
will take the liberty here of quoting
part of the address of the committee c
fifteen appointed by mass meeting, 9
which / was member, as it clearly an
} forcihly expresses my views:
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-04-23

off and establish that part of Reelfoot
Lake basin and overfowed land into
levee and drainage district and charg-
ing the cost thereof upon the reclaimed
property was declared unconstitu tional
at the last term of the supreme court.
Such decisions place a veto upon all
public improvements of this character.
Convict Labor.
"If it is now competent, or under
future acts Of congress becomes COM
petent, for the State to absolutely pro-
hibit the importation Of articles manu-
featured by convicts outside OF the
State, then we are heartily in favor OF
placing such provision in the consti-
tuition of the State, thus protecting hon
est labor from ruinous competition with
the criminal classes OF other States.
Free Passes to Public officials.
'In the new constitution of New
York, promulgated in 1894, as we'll as
in other new constitutions, all public
officials are forbidden to use free rail-
road, telegraph or telephone passes, the
experience of the people in various
States showing conclusively that such
free passes have corrupting influence
| upon legislation and due administra-
ton of the law. We believe suca pro-
vision should find place in our con-
stitution."
In addition to the foregoing, wish
to call attention to some other much
needed changes.
Too Many Elections.
Who will not agree that we have too
many elections, for when is there not a
time that the people are not stirred up
with excitement or disgust at the never
ending scramble for public Offices?
In the first place, why should the
sheriff, trustee and many other officials
hold office for only two years, while the
county, circuit and criminal clerks and
the county register hold office for four
years? am in favor of all these officers
holding for term of at least four years,
| Win pTONlSO JnhJ no OLHCer SudlA SUI
esed himself. Experience teaches that
tho defaulter is the official who has
been in office during several terms.
When an official has short term, he
scarcely gets into his nest before
he commences TO prepare to succeed
himself, and there is whore the trouble
comes in. He is tempted to and does
use the Office to subserve his private
schemes, and no doubt in most cases, be
has no criminal intent but gradually
he gets in the tolls OF the law, the treas
ury is raided, or his bondsmen suffer
and he and his family are digraced
Give each official four years term o
office, remove from him the temptation
of trying to succeed himself, and thel
he will give his whole time to the prop
or discharge of the duties of his Office
and thus confer not only blessing upoI
the office-holder. but secure good sn'
wholesome government for the people
When we do have elections consoli
date them, and instead of electinI
county officers in August aud member
of the Legislature and the Governor Il
The herald., 1897-03-02

Whereas. The attention of this coun-
ell has been called to the fact that the
senate bill No. 1872, now being unoer
consideration by the legislature OF the
state of California, prohibits competlhs Z
companies from using Jointly more thah
five blocks of street railway track OF
any competitor; and
Whereas. All the franchises unoer
which the existing street railways III
the city of Los Angeles are now oper-
ated provided, among other things ior
the Joint use Of tracks upon any street
limited only by the condition. that not
more than five consecutive plochs shaii
be s. jointly used: and
Whereas, The passag of the act apoVe
mentioned will have the practical erect
of creating a monopoly or the street
railway beusiness Of the city of Los An
geles; therefore. be X
Resolved. That this council of the city
cf Los Angeles does hereby respectfully
protest against the enactment or such
law and that the state senators ana
assemblymen from the said city OF Los
Of Los Angeles to and in the legislature
of the state of California be and they are
hereby requested to use their best en-
deayors to prevent the enactment OF
such a law, ard the city clerk is hereby
Instructed to mail copies of this resolu-
tion to each of said senator's and as
semblyman.
Imme diatcly after the adoption of the
resolution telegram in line with the
same and signed by all the members OF
the council. was prepared for tran s.
mission to Sacramento, ard the council
took a recess until O'clock
The herald., 1897-03-02
Afternoon Ses lion

The council reconvened at 2:15 o'clock
when the president announced that the
special order was the hearing OF appeals
from the action of the street superln-
tendert in the matter of accepting the
Main street pavement chairman
Nickel stated that the special commit
tee was not ready to report. not having
yet received the result OF the analysis
of the asphalt, and on motion, the furth-
er hearing was continued until Monday
at 2 o'clock.
A number of motions on minor matters
ware passed or referred to the proper
committees.
ON motion of Councilman Baker, the
CITY clerk was instructed to wire Ser
tor Bulla to the effect that the city
council asked him to use his influence to
secure the passage OF senate plli no. no o9o
introduced by him, providing Tor the
filing up of lots on which stagnant wa
ter stands. and providing for collecting
the cost of the same.
PUBLIC WORKS.
The report of the board of public
works. as published in the Herald Sat
urday morning, was read and the va
rious recommendations adopted without
debate. except that awaiting the con-
tract for the improvement OF wan street
from Twelfth to Pico streets, to p. j. NC
Cormick on which Mr.. Nickel raiseo an
objection, saying that he was IN the
habit Of selling out his contracts, and
further that he did not pay his men,
which was rejected by vote OF to 4,
and the clerk was instructed to read
yertise for bids. The members or the
board stated that they were as anxious
as any other member of the council, put
the reason for their recommendation
was because they could find ne legal
grounds for rejecting the bid. When the
recommendation that the francnlse Tor
DAILY street, asked for by j. Baldwin, ct
al. be advertised, was reached, MI
n Nickell raised an objection, saying that
he thought the matter should be de-
ferred until such time as the people in
terested can be heard. There had been
another franchise held for two or more
years. on Griffin avenue, ! protest
had been filed. and he did not think that
the matter should be rushed through.
Councilman Hutchinson thought tnat
the matter should be attended TO at
once. He understood that this road was
to be a continuation of the Los Angeles
and Pasadena railway. This railway
now had it's tracks. laid on Macy street
and 1t should be granted at once, as
Macy street was in terrible condition,
and II this was not done, something
The herald., 1897-03-02
A DRAG ON DEvEL0 0PMENT
Senator Bulla's Street Car Line Bill
Criticised
II VIII Be IN Advantage to Existing Lines.
but VIII Retard the City's
Growth

The bill introduced by Senator Bulla
to prohibit street car companies from
using more than five consecutive blocks
on lines of other companies. and unani-
mously protested at yesterdays session
OF the city council, Is calculated to rouse
the ire of property owners in districts
where. street cars have not as yet OBJ
tanned a developing grip. This bill. II
it becomes law, will delay the build
ing up of outlying districts, and in this
manner retard the growth of the city.
T. j. Hook. president of the Traction
company, in speaking of Senator Bull
las proposed law. said: "At present
a new company can go five blocks on the
track Of the old company, then move off
for a piece. get on again for five blocks.
and so on indefinitely, but If the new bill
becomes a law after the new company
has passed over five blocks of the old
company line that blocks further prog
ress, and there 1t stops. 1t does
seem that growing city Of this Kind
cannot afford to shut off property own
ers, whose property lies away from
lines already being operated, from the
advantages of living In city; OF COM
ing down town for instance. The Bulla
bill would make present franchises very
valuable, but people living and owning
property where there are not adequate
street facilities cannot get down into
the center Of the town. Take tho
people of Boyle Heights. for instance,
who want to get down to the center tf
the city. II they were restricted to tha
use of five blocks they would naturany
favor the old law. While the Bulla blu
would make our franchise more VALUABLE
still we do not want to stand IN
the way of the development of the city.
Senator Bulla's suggested legislation -,
il 1t becomes law, an advantage 20
existing lines and disadvantage to
the city and property owners.
The herald., 1897-03-02

part in the conference and Councilman
Toll moved that in Difference to tn.
wishes of Councilman Baker the name
of George w. Judkins be substituted for
that of Mr. McAleer. Councilman Nick
ell vigorously protested, saying that he
knew Mr.. McAleer. who lived on the
East Side. and he knew that he was a
thoroughly competent man, who should
not be legislated out of office after Re
had been selected by his fellow en-
gineers for the place.
Councilman Baker said that he would
rather resign his place In the council
than to have any one In any way con-
nected with him or his establishment IN
the board, and on a vote being taken
Mr.. Judkins was substituted for Nc
Aleer, only Mr.. Nickel voting for the
latter.
The ordinance then passed under sus-
pension of the rules, and the council ad-
journed,
The herald., 1897-03-02
Whv Don't They

The daily papers, have called atten-
ton to the operations of bucket shop
on Second street where fake mining Sc
curities are bought and sold and where
a percentage gambling game Is cen
Quoted by means of fictitious quota
tions. The public should interfere.-
Investor. a..
The herald., 1897-03-02
Trio over the Kise-shspsd Track

There Is no trip Of the same length
where the scenery is SO varied and beau
tiful as this one. Tickets permit stop
overs at any point on the track. Round
tsip MIA Ticket Once, 400 Spring -