The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-04

= This resume brings Us to the ques
ton that is now agitatIng the peopl
! of MSury County. IL the act redIstrict
Ing the county Is valid. and the Su
preme Court has virtually said that 4
is, by its decisions In the East Fen
nessee counties, then lie Maury County
present County Court legal body. Of
i it an ILL g Il body. and therefore al
its acts since the passage of the rtdis
IetIng bill without force and author
,Ityr The bill. 1t will be remembered
provided that il should take effect
from and after Its passage 1t was
passed and became law some time
last March. Quite number have
expressed the bsllef that tine present
county court is not legal court and
that all its acts since the redistrlcting
measure te3ane law are illegal
others think that the legislature
certainly did NOT intend TO leave the
couI ty without any court { all, ard
that 1t must have known thar the
colIt In power at the t me of the
passage of tine bill of Ee, ,sity would
have to hold until Its successor had
been elected and qualified. Otherwise,
chaos would reign sure, enough. Those
holding TO this belief are therefore of
opinion that the present court must be
a legal nody and that its acts must te
Ie ,al.
On this point tire all-important
question arises If the present county
court is not legally constituted BODY,
what about the resolution of the court
at its last quarterly meeting, ordering !
the erection of new court house? |
That must have been illegal. also.
And the county now finds Itself not I
only without county court, but also
without court house, as the old one
Is now almost RACED to the ground
The apprehension has been made that
under these conditions the county will
have trouble in floating is bonds for
the new building; that financiers will
be loathe to take hold of securities
with cloud hanging over the validity
Of the body ordering their issuance.
What is 20 be done? That's the
present all-absorblng question. 1t Is
agreed that the matter ought to be
settiea, some way, and at once.
county Judge Gordon thinks the cleo
ton commissioners should call an
election in the new dist lets, as
created by the redistrIcting bill, and ..
then lot the election be enjoined and a
test case made and the Supreme 90 urt {
asked 10 advance it on the docket and {
give decision as soon as possible. In /,
his case all the questions involving
lot only the constitutionality of the ,
'edistrictIng bill, but the status of the !
county Court and the legality Of their !
lets, coul l be raised and settled aud r
Ill clouds removed and the new court t
louse building proceed upon surer |
oundation. And upon that question !.
would hinge all he contracts, appro. !
'rlations. orders for bridges, ana I
ther important action of the last two |
Courts. :
Others think that quicker less
Expensive and safe enough way would )
10 to call upon the Attorney General >
t the State for an opinion as to \
yhether under the redlstrlCtlng bill 1t n
yas contemplated for the present court t.
0 Told unull their successors are
lected and If not then the County =,
curt Is not constitutional body, and Il
ne quicker an election Is called and 81
cid the better 1t will be for the =
luntY, and the less trouble tho county y,
Ill experience in getting out OF the o.
dilemma 1t Will have found Itself in.
Eelghty as these matters are, there - -
re- still other good reasons why the sc
ection commissions rs should call an s.
ection and have the question settled ca
neither the new magistrates or the q
d snail control. In the election of a h,
Ieriff and trustee next August 1t is
ghly important that they be elected
,cording to law. II the present
unity court has the legal right TO D,
I'd does redistrict the county, then Cl
q county election must be held ac- A
ldingly. Ii, on the other hand, the VI
law is constitutional and oh
nding, and cannot be annulled lie,
the county court, then the election A
ould be, and to be legal must be, on
,lo according to the provisions of the :.
act. vi,
1t is highly important, therefore, wi
at something should be done, and Cl
me quickly. o -,
. -