The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1904-04-08
$4,000 FOR
COURT HOUSE.
County Court Cuts Down the $780,
600 Appropriation.
4 w. C. Church Leads the
Fight for a Reduction.
mich other Important WORK
Done, tO4rt ROlding.for
Three Days.
Hot Fight over Method OF Eiecting
Tax Assessors.
Monday Afternoons Proceedings.

When the Court convened Monday
afternoon at o'clock, the question elect
sao tax assessors in the different DIS
ariets and the method of voting was
sgain taken up.
C,oanty Attorney Greenlaw stated
aazs he had not found decision or the
Supreme Court bearing directly on the
election of officers, to cover the point at
;ssue. but he read decision from Snan-
mons Code, under and constituting sec
zion 6,OI5, in regard to appropriations OF
monies, The section provided that all
.ppropriations should be by aye and nay,
'ths clerk recording each member vote
as IL was cast The decision OF the ST.
sreme Court was that the provision as
to the voting by aye and nay was not
mandatory, but only directory, although
the aye and nay system should al
ways be complied with. AS the Ian
waave of the provision was almost lden-
s5r.as with the language of Section lat
aitell by Mr.. Church, providing for the
election of officers and appointments,
MIR. Greenlaw thought the latter p o
vision would be construed the same way
hy the Supreme Court and that elther
masthod of voting in the election OF OH.
GERS wsuld be legal
Mr.. ] VIC. Church commended that
ahe decision of the Supreme Court c'teo
Aid not apply to the election OF officers
The decision applied only to appropria.
tstms of the court. And even in that
case. the Supreme Court had said that
the ave and nav method of voting, while
not mandatory, but simply directory
.sshould be always complied with" Mi.
Church argued very strongly that the
eaes.tion should be, in his own language,
according to law.
Judge Gordon said that he believed
Che law read by Mr.. Church should be
followed. While it might possibly, De
legal to elect the assessors by ballot,
fisere certainly was no question as to the
legality OF an election by aye apd nay,
mad he thought it would be safer to go
by the code. He wanted to protect the
county from the expenses OF lawsuit,
and while he did not know of any clti-
gen who would go into court against the
lenality of the assessors If they should be
elected by ballot, still, it might be done.
and he hoped that the court would adopt
method which would preclude any
possibility Of a lawsuit. He said that
the county was just coming out of a
tapgle and confusion in regard to the old
court, and he did not want to see more
confusion of that kind. Still, it Was the
eourt's responsibility to decide.
Ballot Method Adopted.
Judge Gordon then pat Mr.. Church
amendments to the motion to elect py
ballot, providing that the election shouc
be by ave and nay. The vote resulted
in tie, IL and IL. Judge Gordon thel
said he would unite the tie" and woult
vote for the amendment. This carried
l2 to II. Judge Erwin then raised the
point that Judge Gordon had no RICH
to vote on any question. He asked judge
Gordon to cite him his authority for nj
vote. Judge Gordon said that he dlt
not know of any provision emitting hin
to vote, except that he thought all chair
men of meetings had right to vose il
case of a tie. Judge Erwin SAID that h
did not think Judge Gordon had RICH
toa vote. He was not a member OF th'
court, but simply the presiding officer
He explained that he did not raise th
po;nt for tie purpose of getting up
sSuabble "but,' he said smillngly
..eince there seems to be such deman
Tor proceeding according to law,
Thought we'd better get right on a.
points.
ESQ. Lowell then made motion t.
reconsider the vote on the amendment
and this was seconded by Esq. Dento1
This carried, II to A.
The amendment was theE put to al
other vote and lost.
motion was then made to elect b
ballot. Judge Gordon arose and warne
Al .k -. l. Il,
assessors we're elected by ballot, the
would not be legally elected. lie sal
ne had consulted with as good lawye
as there was at the Columbia par, an
the latter told HIM that the law sal
officers must be elected by aye and ma
vote, and that there had never been a
opinion to upset that law. lie SAID Una
DIR. Greeplaw thought that either wa
wopid be legal, bat he himself thougi
Il was the wiser policy OF the court
take the sure way.
Mr.. Greenlaw again reiterated h
opinion that either way would be lega
He manifested a little feeling in b
statement, saying that he was not q
good lawyer as the gentleman Juut
Gordon had consulted, still, as ne ma
been asked for his opinion by the cour
he would give it. -,
The vote was taken, and the ball
method was adopted by viva voce vot
Mr.. Church called for the ayes and nay
saying that be wanted the members
20 on record. The roll was called, al
the vote was as follows:
Ayes. -R. s. Mcknight, F. j. bear
W. J. Mcknight, j. A. Sanders, II ;.
Pea, s. s. Craig, Allen Holt, Smi
Thomas, G. G. Denton, j. b. Lowell,
M. Ricketts,, }. +. Brownlow, i.
Nixon, r.. II. Guest. George W. Hayt
n. II. Smith. tMr. Smith explain
that as the court had defeated the etfo
70 vote by aye and nay, he saw only o
thing to do, and that was to vote by 81
lot, so he voted "sye' on the motto
Ne had originally, however, voted wi
Mr.. Church.
Nays. W. G. Church, J.
Davis, j. ii. Courtney, Leon Friersc
,. b. Brooks, r, f.. Erwin.
MT. Church Votes His Way.
MIR. Church then asked that he be
A l..s(. -, ~