The comet. (Johnson City, Tenn.) 1884-1916, 1908-04-30
(ARNA(K ON THE CHARTER
The Senator's Scathing Criticism on the
Ripper Bill Refuted.
DENUNCIATORY DIATRIBE DISPELLED

charter act that justities such state.
ment. In order that the democrats of
Tennessee may see how unwarranted
Is such an accusation we will quote the
two sections that refer to extra terri
torial jurisdiction.
In article the charter act declares
that the city of Memphis "may have
and exercise within the city limits and
for two miles outside thereof all gov
ernmeutal and police powers, subject
to the limitations prescribed by the
constitution and laws of the state and |
of the United States"
This was practically duplication of
a clause in the old taxing district char
ter, which gave to the government po-
lice power just outside the city limits.
The reason for this is apparent to any
one of adult intelligence; just as it is
easy to see the reason why the jurisdic-
tion Of magistrate in the Nineteenth
civil district, for instance, is made CO.
extensive with the county. 1t is self
evident proposition that no city can
levy taxes outside its limits, and there
is nothing in the charter act on this
subject. An attempt to do this would
be clearly unconstitutional, and no
such attempt has ever been made or ev-
er would be. The proviso above quoted
prohibited effectively the doing Of any
unconstitutional act.
There is another provision in the
charter act, modelled after a previous
one in the taxing district charter, per-
tanning to health and sanitation. 1t is
as follows
Sec g. Be it further enacted, That
the city, through its officers, agents,
may at all reasonable times, within the
city and within ten miles of the city
limits, enter into and examine all
dwellings,, lots, yards, Enclosures and
buildings, cars, boats and vehicles of
every description, to ascertain their
lOI hCdllu, huu
safety; take down and remove build
ings, walls or perstructures that are
or may become dangerous, or require
owners to remove or put them in safe
and secure condition, at their own ex-
pense, may direct and regulate the
building and maintenance or partition,
parapet and fire walls, partitions, fences
ovens, smoke stacks, stove fues, hot
air hues, fireplaces, boilers, kettles,
stove pipes, and the erection and clean
ing of chimneys; shall provide for the
safe construction and repair of all pri-
, vate or public buildings within the city I;
compel persons to aid in extinguishing
fires, or in the preservation of property
likely to be destroyed or stolen"
What was the object of this section I?
Clearly it was for the purpose Of pro-
viding comprehensive system Of san
itation. In times of epid emic and quar-
autine there may be cess pools and
plague spots outside the city limits
That part of the above section which
authorizes the examination of dwell
ings, lots and buildings within ten
miles of the city limits was desigued to
make Memphis and her suburbs ceanly
. and sanitary when there was danger OF
an epidemic. If effective sanitation il
d good thing for the city-and nothing
= has helped the restoration of Memphis
h more-it is good thing for the sub
8 urbs. In this case it would no doubt
Q have been welcomed by the suburban
= ties because it would not have cos
4 them q cent. Naturally, the city o.
d Memphis would not care to spend any
Q of its revenues on the sanitation Of thu
% suburbs except in such emergencies al
ia the existence of yellow fever ii Missis
II sippi or Louisiana.
l. The city of Memphis is in the charter
;. act of 1907 distinctly given the pOwel
Il of taxation, but nowhere is it given tn,
% power of taxation outside of the city
% limits, and it could not, as matter o
u course, exercise such power unless i
!. was expressly given. There is abso
s. lutely no way under this act by whicl
e the city could tax outside territory. A
= a matter of fact the sections to which
+ we refer, if carried into effect, woulC
le have given the people outside the cit!
'e limits certain measure of police snC
'r health protection without costing then
% dime. And it will strike the averag,
10 man that they would have been luck.
70 to get such q desideratum.
y Thus it will be seen that Mr.. Carmacl
al has absolutely no warrant for the state
q. ment that the new charter authorizes
to the city of Memphis to levy taxes d
'g the farmers of Shelby county to b
spent within the limits of Memphis o
le anywhere else, 1t just simply is not il
10 the charter act of 1907.
es A Twenty Year Sentence.
Ot at hava inst comnlated a tyeut