Sequachee Valley news. (Sequachee [Sequatchie], Tenn.) 1896-1952, 1915-08-26

or's fat. And the said nine Pike Com
missioners will take over the property,
moneys, etc, belonging to Complain
ant Jones, as Pike Commissioner, to-
gether with the emoluments of his
office, unless restrained by injunction.
TX.
Complainants are advised and be-
lieve and SO charge. that said special
act, being Sec. $50, Acts 1915, is un-
constitutional. null and void for many
reasons, and that said nine pike COM
missioners cannot make valid sale of
the bonds thei elm provided; that the
supposed authority for the issuance
of said bonds is invalid; that the crea.
tion and existence of said nine COM
missioners was and is unla wful, and
their acts have no legal or binding ef-
feet, and that the burdens and taxes
imposed on complainants and the 9th
er property owners in Marion County
by virtue of said act are illegal and
constitute taking of complainant's
property without due process of law.
Complainants charge that said act is
unconstitutional, null and void, be-
cause as set out heretofore, it violates
Section s, Article XI, of the Constitu-
tion of Tennessee, which forbids the
suspension of general laws for the ben
eft of particular individuals, and for
bids the passage of any law for the
benefit of individuals inconsistent
with the general law of the land. 1t
further violates the provisions of this
Section that no law shall be passed
granting to certain persons privileges,
rights, ETC., which are not granted to
all other persons who may be able to
bring themselves within the provisions
of said law.
Said act Is also obnoxious to Section
II, Article II. of the Constitution Of
Tennessee which provides that no bill
shall become a law which embraces
more than one subject, that subject to
be expressed 10 the title.
Said act is also further violative of
Article XII, Sec. II, which requires
that all county Offices created by the
Legislature shall be filled by the peo-
Pile or by the County Court.
The Board of Pike Commissioners,
consisting of nine members, is ap-
pointed by the Legislature, their ap-
pointment is in no way dependent on
the issuance of bonds, but their term
of Office began upon the passage of the
bill, and they are to be self perpetual
ting. They supercede the officials who
in Marion County we're heretofore
charged with the duty of looking after
pike roads, and in addition to the con-
struction of pike roads with the pro-
ceeds of the bond money, they are au-
thorized to use the workhouse forces
for maintenance of pixies. Said act is
therefore void as against public policy.
in appointing men to perpetual
office. 1t also violates Sec. 90, Art. I,
of the Constitution of Tennessee,
which prohibits perpetuities.
Said act violates Sec. 8. Article I,
of the Constitution of Tennessee,
which forbids deprivation Of property
and privileges except by virtue of the
law of the land, and an unconstitu-
tional and invalid statute is not the
law of the land.
Said act Is further invalid because
it undertakes to deprive complainant
Maloy Jones, one of the then existing
pike commissioners of Marion County,
of his Office, without at the same time
abolishing the said Office. It transfers
the duties, functions and emoluments
Of said Office to the nine pike commits
sioners appointed by this act.
Said legislation Is also obnoxious to
the 14th Amendment to the Federal
Constitution which prohibits any citi'
zen to be deprived of his property
without due process of law. and which
prohibits State from denying to its
citizens the equal protection of the
laws.
Complainants would show tnat they
have no other or adequate remedy ex-
cept those applied for herein. and un
less the relief prayed for ia granted,
irreparable damage will result to
them.
Premises considered, Complainants
pray that process issue and be served
on all the Respondents. requiring them
to answer this bill, but their oath
thereto is waived.
That q preliminary injunc tion is
sue restraining the nine commissioners
named in the caption from selling the
bonds ON August 28th, 1915, and from
performing any of the duties imposed
by Ch. 682, Acts 1915, and restraining
the Respondent G. T. Williamson,
County Judge, from countersigning
said bonds, and also restraining re-
spondent Marion County and B. Long,
the Trustee of said County, from col
lecting the tax of 25c per 800, levied
on complainauts' and other citizens
property, to pay the interest and prin-
cipal of said bonds.