The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-11-27
Holds That the Authority OF the
Legislature is Never Exhaust
ed. Magistrates Can be
Legislated Out OF
Office.
Legislature May Increase or Decrease
Number of Judges in Any County
When 1t Sees Reinforcement
of Maury County Squires
Gets Setback.

The movement in the Maury County
Court to set aside the recent act
of the legislature, redistrictlng TINS
county, received a very severe
crimp at Knoxville last Saturday,
when the Supreme Court OF the
state, in a number of consolidated
test cases from East Tennessee coun'
ties, exactly similar to the one con-
templated by the squires of Maury coun-
ty. sustained and upheld the Legislature
on every point raised.
It will be remembered that at re-
cent session of the Maury Quarterly
Court a resolution was passed.
instructing County Attorney Green,
law to move against the redistrictlng Dill
nv an Injunction suit whenever an at
tempt was made to enforce it. And at
the last session OF the court, some OF the
souires having in the meantime Investl'
GATED the laws of the state on the matter,
committee was appointed by the
court to redistrict the county. An
old act of the legislature was found
(which said that the quarterly court
might, from time to time. redistricC
the county, by having it marked
ont in netes and bounds and ill
inc the same with the Secretary
of State. This committee has held
one or two meetings, but nothing
has ever been given out in regard to It's
meetings.
The decision handed down by the
Sunreme Court last Saturday is
verv sweeping, and will play havoc
in the ranks of the Justices throughout
| the State.
The redistricting decision was rendered
in consolidated cases from Granger,
Hamilton, Roane, Hawkins, Loudon anu
Rhea Counties, all involving the same
question, except that the Rhea county
case did not bring in the feature OF legls.
lating the Justices out OF Once during
their terms. The decision in the case
was rendered by Judge Neil, all OF the
Justices asserting in the decision
In all of these cases the citizens OF ele
various counties felt that in view OF the
large expenditures of the County Court
and the improper power that tne ooay
welded, it would be far better TOT tne
taxpayers to reduce the number OF tne
Justices so that with the smaller mum
Der the responsibility for lndlvidual acts
could be easily placed. they also toof
the view that if the districts were maze
, larger it would be impossible for unue
sirable men to secure eiectloD TO 1ii'
offices. So the citizens of these coun
ties went to the Legislature asking INA
their counties be redisTricted' ana the
number considerably decreased. ines'
acts we've passed, and the Juslice'
7 Iegislated out tf office refusing u
3 give up their seats, the matter Wa
, taken into the court, the constltq
} tiouality of the law beng attacked Ii
! most instances the lower courts helu VII
, acts to be unconstitutional ana tnes'
S were sustained by the Court OF Chancer;
Appeals, The Supreme Court III oeclo
ing the case, openly ignored seVer'
. alleged decisions of the court, declar
J, ing 10 very plain terms that the Mag
u istratee must go.
;, The opinion handed down on Satur
r day holds that the authority OF tn
Legislature is never exhausted, anu I'LL
a only question for consideration wa
S whether l. had been properly enforced
The court further held that the regula
II tion of the number of Justices or feac
t ia a Governmental function, though IN
h Constitution creates the ONCE. III
d court. therefore, decided that IL wa
u properly in the duties of the Leglslatur
Ia r. decide how many Justices OF tn
2 Peace there should be in any specn
It county. and that it might at any Tim
N increase or decrease this NUMBER r.
q arranging the districts so that some
If the members of the court would los
It their offices. The decision states !
nIain terms that these acts OF the Leg
lature are constitutional and that tne
must be obeyed.