The comet. (Johnson City, Tenn.) 1884-1916, 1910-12-08
A Lawyers Opinion of
The 'Brindle' Cow Law

u last Saturdays issue of The
Comet, the opinion is expressed that
INC increase OF population in Washing
ton county, as shown by the late cen.
sus, works repeal of the "cow law"
This, we believe is error. The stat
ute in question is Chapter 2l3 of The
Acts of 1897, page SEQ, The material
part Of thai Act for the purpose of
this discussion, is embraced in the
Grt paragraph thereof, which is as
follows;
Section l. BE it enacted bv the
General Assembly of the State Of Ten
ne ee That il shall be unlawful for
ANY pepscn or persons owning or hav-
/ lug The custody ard control of horses,
! mules, cattle, sheep, goats, swine or
other live stock, to permit such ami
] mails to run at large i'm counties of this
state having population of more than
22,6JO and less 22,6l0 by the Federal
census OF 1900 or any subsequent Fed
eral census.
Al the time of its enactment this
law applied only to one county in the
slate-Washington. 1t was intended
to be local measure and apply to no
other. But, TO avoid falling under the
inhibition of Article /, Sec. 8, and of
Article AI, Sec. 8 of the Constitution,
it is given the form and appearance of
a general law. If the language of the
Act had baen, Gin counties of this
state having a population of more than
y 600 AID less than 22,610 by the Fed
eral census Of 1860" and had stopped
there, it would have been obnoxious
special aud ''class legislation; but it
is graciously provided that any county
that hereafter may bring itself within
the prescribed limits of population, by
any subsequent Federal census, shall
share It's burdens and enjoy its bene-
fits. Chapter 1872 o. the Acts of 1898,
in the case of Sutton VS.. the State, re-
ported in II Pickle, SOS, was held UNI
constitutional for the reason that it did
not contain the elastic" clause sany
Subsequent Federal census" The pres
ent Act was drawn 20 meet that spec-
&c objection and to place itself in har-
mony with the opinion of the Supreme
Court.
Legislation intended to affect a par
ticular class and not the public at large
must extend 10 and embrace equally
all persons who are OF may come into
like situation and circumstances.
Whether a given law may be ex-
tended 70 any member of the commu-
nifty who may be able to bring himself
within Il, provisions is the correct cri-
tcrion by which the courts are to de-
termine its validity or invaldity under
he constitution "
Now un1"r the reasoning of the
court in that case, If all who are, at
The time OF It's passage, or may come,
later, into the like situation and Cir
be embraced IN the class,
The law is general and not special.
Laws of this class are like the Devil
fish, always reaching out for new VIC
inns while tightening their grip upon
hose first caught.
Read again the section of the act
quoted. You will observe that it is u
aw potential foi every county of
he state. | becomes "initiate y TO
my county at such time as by feder-
Il census, its population is brought
within the limits prescribed, and to
uch county it becomes forever there
fter law actual" Change of pop
lation may bring new counties in;
nut, when once in, they are there until
he law is repealed. The construction
] the same rs if the law read "This
pplies to all counties that, by the
ensus of 1900, have population be-
wSen ~ 600 and 22,6l0 and, also, to all
uch counties as may have like pop
la,ion by any subsequent census.
We have said this much because we
re friend TO the COW AMI should be
ety sorry to see her arrested for the
collation. Of law which, in good
nth, she believes to be nuIliN.
"Speckled Brindle has read yonr
atement in Saturdays issue, She
lay even now be brousing happily
pom the front lawn of some neighbor
ho has not been able to rebuild his
remises since the census figures were
ablished. We repeat, we are friend
} the COW; but true friend does not
after. Change Of population does
OF break the flatters that bind her TO
ar owners domicile Let her not lay
lie pleasing JUNCTION TO her poor soul
lat she is free to roam the streets and
leys and Craze upon the commons as
yore. 1t is not so. The legislature
one can give her the desired relief.
nd TO the legislature she must APP
aal s. w. T..
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