The comet. (Johnson City, Tenn.) 1884-1916, 1907-06-27

Some misapprehension still exists as
to the decision of the supreme court re-
garding the charter bill. The only juris
diction that court could legitimately ex-
ercise wac as to the constitutionality OF
the charter bill. All that the court
has decided is that the lawyers who
drew up the bill did not draw it up in
conformity with the constitution. If
the court at any point transgresses its
authority, and either directly or Indi-
rectly condemns the act Of the legisla-
tnre as an infamy and corrupt proce-
dure, as Senator Carmack infers, then
that court has gone out Of its way to
affront the democracy of Shelby coun.
ty, the people of Memphis and the
democratic legislature of Tennessee.
Naturally the views of the court on
these extra judicial questions are en-
tirely gratuitous and are of no more val
idity than the opinions Of any other
three or four men. OF course, what
the court decides is that the charter
bill is unconstitutional, and the only
valid reason for its being declared I'M
constitutional is an alleged defect in
the caption by which the new instru-
ment was described as an amendment
and not as q repeal.
+ The supreme court did not pass on the
wisdom of the commission form of gov
eminent and it could not give the pres
ent administration clean bill OF
health. The election Of 1905 was O
libel on free government. 1t was the
dirtiest disgrace ever perpetrated
against free people. There is moi
one official now holding Office under
that election who was elected. Every
body knows this and everybody admits
it. Mr.. Malone was beaten by over
1900 votes. Every man on the demo
cratic ticket was elected.
If Mr.. Malone and his associates haG
been elected honestly, this paper would
never have had word to say. 1t would
have accepted philosophically even the
misft charter. But it knows that the
boiling ticket was never elected. In
several wards marked ballots to thu
amount Of about 5000 were prepared il
the interest of Reform" In some
wards the ballot boxes were switched
and fraudulent ballots substituted. II
one ward one of these boxes was nab
bed and was found to contain 300 mark
ed official ballots. Knowing that thu
election was stolen, and having trieC
the uniformed government for abou
two years, the people of Memphis de
cieed to remedy their plight by return
ing to the commission form of govern
ment. Mr.. Williams started thu
movement in the Democratic party
Mr.. Walsh. breaking with Mr.. Malone
joined in lit. The Democratic party
pronounced in favor Of legislating GU
Of Office the men who had never beer
elected. The Maloneites boltod an(
Senator Carmack, in accordance will
his traditional policy, joined with the
boilers. The latter we're beaten by tn,
people, and Democratic Legislature
endeavored to embody the recorded
: will OF the people in law and do ava,
> with the ripper bill passed by the Re
dictionaries in 1905, in violation of tn
solemn pledge of the Shelby count,
+; delegation.
Now, nothing has been decide,
against the people of Memphis excep
the fact that the caption of the bill O
1907 was mianomer. Senator CarmacI
: is the last person on earth who has an
right to ,denounce the Democracy Q
Shelby, the people OF Memphis and tn
Democratic legislature of Tennessee
8 The people of Memphis know to whs
3 lengths the policical adherents of Mi
: Oarmack went to carry the county TO
T him in the senatorial primary. 1t wa
| admitted that the country was to b
Q stolen for him, and the only questio
: was as to the size Of the majority
l would be safe to roll up. Some of th
. leaders thought $500 was eaough; bu
the more ardent supporters of the sens
9 tor decided to make it about 5000. I
: some wards several hundred votes wer
! cast for Carmack in an hour, a physit
al impossibility. All told. hardly NOR
than 3, 500 votes were cast, many Tay
lor men staying at home because the
4 knew their votes would not be count
{ ed, Yet, out of this meager vote Cai
D mack had maiarity of 5000 or more
{ and wild horses have never been abb
Q to evoke from our Stormy Petrol an
q condemnation or even comment on thi
bowling farce. Under the circumstar
!. ces the less the senator has to say sbou
the rights of free people the better
The decision of the Supreme coul
9 neither clears the title of the presen
: administration of fraud, nor does
4 count for anything against the commits
! sion form Of govern 8 emit. The victor
once won has been nullified, but onl
: temporarily. Memphis Commercial
0 Appeal.