Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1897-04-28

| graduated on the certainty OF snug
fee and the prospect of a munifcient
fee. The Ex-Governor was the man of
all men to handle the case and repre-.
sent the Office holders, and he acquitted
himself in manner to vindcate the
wisdom Of his clients in making the
selection of counsel which they did.
Beginning at his old home, ex Governor
Turney appeared before Judge Estell,
one of his own appointees, and argued
the case exhaustively. While Judge
Estell was wrestling with the question
which he had taken under advisement,
ex Governor Turney, with q splight.
illness that is gratifying to his friends
and indicative of many years of useful
life remaining, hied himself to West
Tennessee and appeared with the same
argument in similar case before
Judge Cooper, who-and this is mere,
though unusual coincidence-w orr
ginally appointed to the office which
he holds and adorns by ex Gov. Tur.
ney. Thus it will be seen that the ex
Governor was prepared to "play both
ends against the middle"-to use le-
gal term, which at least some of the
disciples of Blackstone will understand.
Indeed, no small part of ex Governor
Turney's able and effective argument
recently was the reading of a telegram
in his appointee's 3 Judge Cooper court
from his appointee Judge Estel) an
nouncing that the latter had decided
the law unconstitutional. 1t was q
curious coincidence and strange con-
catenation of circumstances. Ex.Gov.
Turney's course was so eminently regu-
lar and wholly impeccable, and the
intentions of the Judges no doubt were
unimpeachable, whatever the Supreme
Court may think of their legal acu.
men. The subtle sagacity of the office
holders amounted to positive genius.
Which perplexes the Philistine.
The old story was again told. Yes
terday's court proceedings was but
repetition of the past in every detail.
In 1879 fee bill was passed, or a re.
form measure enacted, and it was con
tested by the Office holding class. The
ablest legal talent in the State was EN-
ployed and the constitutionality of the
measure attacked. When their fees are
threatened the office holders become
strict constructionists of the con stitu.
tion, and they worship that venerable
instrument with an Eastern idolatry'
mo doubt the measure was desirable
and well intended, and no doubt but
what law could be passed on the sub
ject that would not conflict with the
constitution, but and the subiunc
tive objections repudiated the previous
CONCESSIONS and destroyed tie consti.
tutionality of the measure. This case
was the State VS.. McCann, 4th Lea.
Those gentlemen who doubted not that
a reform measure could be passed have
never taken the trouble to show how it
could be done. Again in 1895 reform
measure was enacted raising the grade
OF felonies and reducing costs. Emil
nent counsel was employed by the Office
holding class to contest the constitu
tionality of the bill. mo Doubt they
argued, "a bill could be framed cover
ing the case, but again the sub
Junctlve arguments Vanquished predi.
cate and principle, leaving the sapient
legislative enactment a victim to the
legardemain oflogic. How to prescribe
the necessary and possible law was
never indicated by the legal gentle.
men. This measure is elubalmed in
the case of Shelton VS.. the State. SO
Tenn. Lastly comes the Jarvis bill.
Before the ink on it was dry the affect
ed Office holders have again drawn
sword in defense of the constitution.
mo doubt" said ex-Gov. Turney,
speaking for them, but what law
could be passed, etc., but" and again
a confessedly wise and salutary meas.
ure is whelmed in the maelstrom of le.
gal augmentation. Which confuses
the layman. Memphis Commercial Ap.
peal.