Sequachee Valley news. (Sequachee [Sequatchie], Tenn.) 1896-1952, 1897-04-29
April, 1sgl
HON. w. 3. swANEY.
me President OF the State Bar Association
States Why He Favors n Constltu-
tloual Convention.

States why no HhNorh q GuhAkAtu-
tloual Convention.
30 the Constitutional League;
GEETLEAiEN-Atterre reading a synopsis
Gf the able and exhaustive argument Of
yOur President, Hon. James II. Malone,
] do not deem It necessary to do more
than TO add a few facts to illustrate and
make stronger, II possible, the urgent
need for a constitutional convention.
EHtravagsat Government.
It 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-
ooutiVe 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 outrageously extravagant. Let
me point out the difference in the costs
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
iual costs during 1896 the enormous sum
OF 81 ,25O, 600 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 $423,
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
thar 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-
Pile are relatively the same. If any
difference exists Tennessee has the de-
cideG 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 two
States is directly traeeable to their Con-
stitution. TenRessee's present Consti-
tuition is makeshift, and was declared
to be such by its trainers. The immor-
tai Toombs would not allow the consti-
Autional convention of Georgia to ad-
iourn until it had adopted constitu-
zion fit for the Empire State of the
South, and he pledged his fortupe for
Che purpose Of defraying the exI enses
Of the delegates after the appropriation
for that purpose had been exhausted.
The history of these two conventions is
we'll known, and l need but cali atten-
tion to the facts.
AS a Democrat, 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 t.
remedy nearly all of these evils by
legislation without a constitutions
convention. During most of this time
we have had able Chief Execut ives, ant
General Assemblies up to the average
for honesty and intelligence, and the,
have uniformly passed laws attempting
to cure these ills, but unfortunately th'
Su 5reme Court has felt constrained t,
declare these acts unconstitu tional
The Supreme Court is not to blame il
most cases, for the reason that there arr
so many prohibitory clauses in the Con
stitution OF 1870 as to render it wei
nigh impossible to draft bill upon an,
of these important questions withou
contravening some of its far-reachinl
provisions
No less than five acts of the genera
assembly Of 1895 have already been dc
clared unconstitutional by the suprem
court, to-wit: The no-fence law, an &C
in regard to the collection of unclaime
costs, the act attempting to reduc
criminal costs and changing the grad
OF punishment for larceny, an act to Ell
Sablish levee districts to protect certai
lands lying in Reelfoot basin, and tn
general assignment law
hooking Backward instead OF FOrwar'
The constitu ton Of 1870 was made
suit . past condition of affairs and
does not suit the present generation
No bstter illustration Of this fact ca
be found than the provisions concernin
the governor. The governor, althoug
sworn to enforce the law, is deprived {
ell power TO do so. Only few yea
ago this fact was fully demonstrate
when the miners riots occurred in Eal
Tennessee. 1t was discovered that Il
governor had no power to call out Il
militia or otherwise deal with the rio
ers, and the result was that it cost Il
people over s100, 900 more than it shon
have done to deal with these rioter
and the acts OF the general assemb
establishing a National Guard to pr
vide for future contingencies is Of e
cesdingly doubtful consdtutionality.
After the numerous constructio
given the various provisions Of the co
uttution Of 1870 it is idle TO think
getting permansnt ralief without a &C
atltuuonal convention. The rule
stare dscisis would necessarily cont