The comet. (Johnson City, Tenn.) 1884-1916, 1907-05-02

Is Observation-Disclosures Bill Unconstitutional
Ii the double barreled Chestnut,
Baldridge law enacted by the late la.
mented Legislature is not unconstitu-
tional in its entirety that part Of it con
stituted from the provisions Cf the
Baldridge bill is imperative and there
fore nil.
This fact was known to the wise ur-
banites of the Senate the next moment
after the amendment carrying the Bald
ridge idea was tackled on to the Chest
mutt bill, but as two other days of the
session remained, and the country
members, if made aware of the mess
they had evolved, would have then had
time to enact the Baldridge bill, it was
kept quiet.
No general assembly in the recent
history of the state has been warped by
an anti-urban spirit of the strength of
that displayed in the Fifty fifth, and it
at all times behooved the urbanites to
keep a weather eye open. The Chest
mutt bill was agreed to as compromise
in an effort to conciliate the country
members who were bent upon having q
school law at whatever cost AT that
time the increased appropriation rem
dered hope for surplus fanCiful, and
as under existing law the so cents per
capita distribution under which the
country schools derived most of their
funds came out of surplus, it was
deemed fair to appropriate the money
outright in order to insure the contin-
uance of the present system, and it was
for that purpose that the Chestnut bill
was drafted.
Not content with a direct appropria-
tion of $500, 900, the rural members, or
some of them, insisted upon the enact
merit of the BaldrIdge bill, which pro-
vided that all school taxes should be
paid into the state treasury, and reds
tributed according to population.
: Because of the fact that such law
would be manifestly unfair number Of
the country members accepted the com
i promise and agreed to support the
i Chestnut bill. Notwithstanding con
!. siderable desertion from theirranks the
u supporters of the radical measure con
0 tinued their opposition, but after fgh
Q it was deferred, and the Chestnut bill
/ taken up. Even with the defeats they
J. had suffered behind them the Bald
l. ridge men continued to make war an(
did all in their power to amend tn,
/ Chestnut bill to conform to the Bald
u ridge bill.
3 The amendment was after a hare
b scrap tackled on, and besides directing
) all school funds to be paid into gener
l. al fund, il provides that the Board o
g Education shall distribute the fund S,
IT as to equalize all school terms. TIL
81 Board of Education is in quandary
Superintendent of Public instruction
D. Jones is unable to get construction
't Of the law that will allow it to be pu
IL in operation, and for the reason tina
/ the amendment is not germane to tn
't matter in the body of the law, it eithe
l. renders the whole unconstitutional o
D. the amendment imperative.
IS The original Chestnut bill simpl
" made the money provided under tn
s. Toilet law an outright instead Of
Q. conditional appropriation, and tn
Is amendment seeks to change the entir
re system under which the schools ar
operated.
Is No provision of any sort is made fc
the manner of executing the law if
stood the tests Of the courts. The ST
perintendent of Public Instructio
knows no way by which it could be pr
into operation.