McNairy County independent. (Selmer, McNairy County, Tenn.) 1902-1969, 1913-10-17

no man can begrudge to the people the
right to step into the courts and do for
themselves that which dsloyal officials
have refused to do for them.
..
IF there We're not an open saloon in
Tennessee today, these laws should be
on the statue books to guard against a
recurrence of conditions that have exist
ed in the cities and that still exist in
Memphis.
There is no doubt but that a safe
majority in the senate and a large ma
JorIty in the house will vote for these
bills ON final passage. The only sure
means OF knowing who is really for the
bills is to observe who it is that hon
estly strives to bring them to a speedy
vote and who it is that either actively
aids in preventing vote or supinely sub.
mits to arbitrary methods denying him
vote. a"fS
Three plans are now under considera-
ton to defeat these measures.
First, the denial to the majority ia
voring the bills of their Constitutional
right to roll call, in order that false,
fraudulent and arbitrary rulings may BIZ
made as to the result Of viva voce votes.
This is to be carried on indefinitely.
This has been denoninotcd a 'parlis-
mentary fiibuster,' and congressional
and legislative precedents have been cit
ed to Justify it. There are presidents for
aimless speeches and dil1tory motions,
but no presidents in any legislative body
on earth for PERSISTENT denying a roll
call to constitutional maiolty
Second, it has been proposed to sub.
stitute for these bills Others on the same
subjects, not because any defects have
been found in them, but in order that
the teeth may be taken out of them. 1t
will be easy to discern whether such
substitutes are in the interest of the
people or the outlawed saloon, whether
they are designed to put the latter in
,stitution out of business or keep it in
business.
third, it is proposed to Dust from the
house of representatives eight members,
who, prior to Aug. 1, served as deputy
fire marshals, on the theory that they
have violated that clause of the consti-
tuition forbidding any man to hold two
lucrative offices at the same time They
are not charged with any graft or i'm
proper official conduct and it is shown
that the department under which they
were employed has been conducted at
far less expense than it was under the
preceding administration thereof
without entering into any discussion
at this time of the propriety of a men,
Der of the Legislature accepting an Of
flee of any sort either at the hands of
state official or through the influence
and virtually by the appointment of a
United States senator be helped to elect,
desire briefly to demonstrate that this
move is made solely for the purpose of
trying to prevent he enactment of the
! law enforcement measures.
"The eight men in question are all in
favor of said bills. Sitting by their side
the senate are other members who are
now and have been holding other official
positions during their legislative term
IT could go back few years and show
long line of illustrious regulars who
have held all sorts of offices while mem
bers of the Legislature.
'But the most astounding feature OF
this plan to defeat the law enforcement
permitted to vote upon the right of said
members to their seats. The sacred right
of representative of the people to re.
tain his seat, which the constitution says
is question within the sole and eX.
elusive jurisdiction of the house itself,
is to be decided by the speaker upon
his own initiative or point OF order
without notice, without trial and with
out vote. There is not a Legislative
precedent on earth, in any age, country
or cline, for such high-handed proceed
ure. 1t has been said that courts have
| decided that when a man holding one
lucrative office accepts another he ipsc
facto vacates the first office. There are
\ such decisions, but not one of them ap
plies to a member of a legislative body,
for the very simple reason that no court
has ever attempted to pass upon the
| right of legislator to his seat. That
is question which the legislature must
settle for itself, and in our state the con.
stitution so declares.
"The mere fact that such an outrage
! upon law, decency and representative
rights has ever been contemplated shows
the terrible depths to which the lawless
liquor interests would plunge the state
in discussing this matter | am not
assuming to make any suggestion to
either branch of the general assembly
relative to its action as to the right OF
any member to his seat Either body
/ has full and. exclusive icontrol of thi;
high privilege, and neither the executive
nor any presiding officer can interfere OF
Eencroach.
Il am merely warning the house Of
! what know to he the fact, namely, that
a conspiracy has been formed by thu
agents of the liquor interests to Dust
members of that body without constitu
| tional warrant in the manner above de
scribed. That it would be carried out Il
a majority of the house would submit
there can be no question.
Finally, let me say that there. is Q
wave of sentiment in favor of law en-
forcement now sweeping this state sucl
as was never seen before. 1t is not con
fined to any section or any party. Lei
us as the representatives of free people
enact legislation that will put an end tt
the rebellion of the criminal element il
the cities and thus take a long step to
ward removing this vexed question from
Tennessee politics.
! "BEN w. HOOPER, Governor"