Crossville chronicle. [volume] (Crossville, Tenn.) 1894-current, 1915-04-14
BELIEVED UNCONSTITUTIONAL.
County Court DecIined'on That Account
to Elect a Chairman Monday.

III El6Cl d OildlIiIid WUliudyI
County court met in quarterly ses
sion Monday at nine o'clock. After
reading his quarterly report and same
had been adopted, Judge &. P. Burnett
informed the conrt that he had learned
through the public press that bill hac
passed both houses of the Legislature
abolishing the office of county judge o1
Cumberland county, but that he die
not know that the act had been signed
by the governor and that since he nad
received no official notice, he would de-
cline to vacate the Office
: He further stated that on legal ad-
vice. coupled with his personal investi-
cation, he was of the opinion that the
act was unconstitutional so far as re-
moving him from the office to which he
had been elected\ by the people. He
further read personal letter from T..
A. Wright, of Knoxville, in which Mr..
Wright expressed the belief that the
act was unconstitutional so far as re-
moving Judge Burnett from office was
concerned and that he thought it very
probable that the act was unconstItu-
tional in any event for reasons stated.
After reading the letter from Mr..
Wright, Judge Burnett asked the court
what action they wished to take in the
mo
ed resolution stating that the court
believed the act unconstitutional and
declining to take any action looking to
the election of a chairman. On roll
call all justices present, except j. A.
Frey, voted in favor Of the resolution.
Mr.. Frey declined to vote. Ut the
thirteen men who make up the court
all were present except Esq. &. w.
Houston, of the Fifth district. The
letter from I. A. Wright follows:
OPINION OF I. A. WRIGHT:
Knoxville, Tenn, April 1st, 1915.
Hon. GeorgeP. Burnett,
Crossville, Tenn.
Dear Sir:
| am IN receipt of your letter
of the 3lst enclosing copy of proposed
bill to repeal the Act creating the office
of County Judge in Cumberland Coun-
ty. | am Of the opinion that the de-
cision in the case of State VS. Leonard,
End Pickle. is still the law of this
State with reference to County Judge
and | am of the opinion that this Act |
could not take effect so as to interfere |
with the present tenure of the County |
Judge of Cumberland County and as
that is the whole purpoes OF the Act
do not believe, if TINS Act should be
passed, that the County Court of Cum
berland County could elect a chairman
under it. Certainly not until the ex-
piratlon of the term of the present |
County Judge, and am inclined to be-
lieve, although have not given that
question much consideration, that the
Act would not take effect then, mas
much as the whole purpose of the Act
is to repeal the Act so as to make it
take effect at once. am inclined to
the opinion that the Act is void. If
the Act does pass and you desire to
have the question looked into more ex
tensively, will be glad to do so.
Yours very truly,
I. A. Wright.
Judge Burnett expects to fight the
act IN the courts of the state, if neces
;ary, and in the light of past decisions
le has a good chance to win his case,
1t least. to the extent of being permit
led to hold the office for the next two
ears, which will complete the term
'or which he was elected by the people
# the county. The next move belongs
o Senator T. E. Wilson, or some one {
n sympathy with him, to force the re-
irement OF Judge Burnett.
COURT RESOLUTION.
Following is the resolution passed by
he court relative to-the abolishing the
ffice of county judge:
"Whereas, it nas been unofficially
eported that bill has been passed by i.
he legislature attempting to abolish
he office of County Judge of Cumber-
and County;
And, whereas, we do not recognize
he right of the Legislature to abolish
aid Office, q
Therefore, be it resolved by the c
'ounty Court of said County, that we +
efuse to recog il the legality OF any c
Ict Attempting to abolish said Office t
nd we refuse to elect Chairman to i
reside over said ourt until our right u
, do so has been legally established"