McNairy County independent. (Selmer, McNairy County, Tenn.) 1902-1969, 1913-10-17
MESSAGE OF HOOPER
TO SPECIAL SESSION

You are convened in extraordinary
session for the purpose of considering
two matters of great Importance to the
people of the state, first, certain legisla-
tion to aid in the enforcement of the
criminal laws, and, second, certain amend
ments to the refundng law. The latter
question, involving the successful refund
ing of the states bonded Indebtedness
vitality affects the material interests OF
Tennessee now and hereafter. 1t will
be discussed in separate message.
'The impartial enforcement of the
criminal laws is primarily moral ques-
ton, but ultimately also material one,
as decent and wholesome living conditions
are the only sure basis for sound bust
ness and financial prosperity.
1T is therefore evident that no legsla-
tive assembly was ever called to DELHI
crate an act upon two subjects of more
far,reaching concern to all the people.
You have observed that | have elm
mated from your consideration several
law enforcement measures which | have
been advocating during the past two
years. In order that my position may
not be misunderstood, desire simply to
state that these measures have been
omitted from my call solely for the rea-
son that majority of the present gem
eral assembly do not favor them, and
not because my advocacy of them has i'll
any degree abated.
The three bills included in the call
are utterly devoid of all partisan signif-
canoe. A majority of both branches Of
the legislature have heretofore declared
themselves in favor of two of these
measures, known as the nuisance bill and
the anti-shipment bill. The third, the
removal bill, is politically inoffensive,
fundamentally just, and urgently needed.
'Your familiarity with all these bills
makes their detailed discussion superfu-
Gus. | shall therefore epitomize my OBJ
servations in regard to them.
THE nuisance bill declares a saloon,
gambling den, bawdy house or any other
business, the conduct of which is viola
ton of the law, public nuisance, and
provides for its abatement by civil suit
at the instance of either a city or states
attorney, or upon the petition of five
certified electors. Such suit would be
brought before chancery, circuit or
criminal judge.
The OBVIOUS purpose of this bill is to
enable the people to suppress the law
less saloon or other public nuisance in
comwinites where criminal prosecutions
have failed by reason of the neglect or
connivance of public officials.
.'This law has been enacted and sue
cessfully executed in other states. Dur
| H. II, 4
before the Legislature of the people, not
an argument or reason has ever been pre-
sented against its passage.
This bill forbids the shipment of in
toxicating liquor into Tennessee from an
other state, or from one county to an
other in this state.
1T is intended to give Tennessee the
benefit of the Webb law, enacted by con.
gress. Tennessee congressman figured
prominently in the enactment of this
measure Senator Sanders led the fight
which brought it to vote, Senator Webb
made the greatest speech in it's favor
that was delivered on the floor of the
senate, and Senators Lea and Webb and
all our congressman, except the repre-
sentative from Memphis, voted for it.
What reason can now exist for the
legislature of Tennessee to fail to follow
up the action of the federal congress
upon this matter
ITO that feature OF the bill prohibit
ing the shipment of liquor between points
in this state there can be no sound OBJ
lection. Will the country members vote
to continue the shipment of supplies to
the bootleggers in the little towns, or
will they put an end to it by the enact
ment of this bill?
This bill authorizing the coprts, by
proper procedure, to remove county and
city officials for misfeasance, malfeas-
ance or nonfeasance in office is a meas
ure that ought to have been a law years
ago and will always be sensible and
useful statute.
1T enables state, county and munic-
ipal attorneys or private citizens to bring
suit for the removal of unfaithful public
officials. Such suit would be insti-
tuted against the derelict official in his
own county before his own Judge and
tried upon the law and the evidence
The defending official would have full
opportunity to present his case and make
his defense. That there would be an
orderly, fair and legal method provided
for the removal of county and munic'
pal officials is beyond controversy. In
many states the recall by popular vote
is the method now in vogue. This plan
subjects the official in question to the
rcrdict of an unsworn jury, many Of
them actuated by motives of political
interest personal favor or disfavor, and