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


authorities. And said nine pike COM
missioners, by the terms of the bill,
supersede the said three pike commits
sioners elected by the County Court in
| the control and management Of the
pixies and Of pike funds, collected un-
| der said 1Oc levy aforesaid. and in all
their duties incident to the public
roads of Marion County.
The Offices held by the said three
| pike commissioners are not abolished,
! but the occupants OF said offices are
! superceded by the nine commissioners
aforesaid, appointed and named by
| said Legislative Act, and the term of
Office of said nine commissioners is
perpetual, all vacancies being filled
by the remaining members of the COM
mission
Said nine commissioners have many
| other functions and duties as are more
particularly described in the bill, a
copy of which is attached hereto as
Exhibit "A", but not for copy.
The County Trustee of Marion Coun-
ty is bv the terms of said Act allowed
additional compensation to the com
pensation provided for Trustees of
Counties under the general law, which
said additional compensation is not
available to nor provided for the Trus-
tees of other counties in Tennessee.
But no reasons are stated and none
exist why the said Trustee should
have such additional Compensation
when the same is not allowed to other
persous holding similar offices in Ten
nessee and performing similar duties.
There are no reasons stated and
none exist why the privileges, rights
and duties conveyed by this act should
be limited to the people of Marion
County, and denied all other citizens
Of the State of Tennessee, nor why
the general laws of the State should
be suspended, abrogated and annulled
for the benefit of the people of Marion
County. Nor is there any valid reas-
on why Complainant Jones and the
other pike commissioners for Marion
County, elected under the Acts of
1911, being Chapter 343 thereof, should
be shorn of their Offices. duties, per-
uuisites and emoluments. when simi-
lar officers in other counties of the
State are not SO deprived.
No reasons are stated and none ex-
ist, or could legally exist; why the
county prisoners of Marion County
should be leased to private contractors
for work on the public road. when the
county prisoners of other counties are
not subject to such labor, nor the citi-
zens and pike commissions of other
counties authorized to enjoy such
privileges and obligations.
Said act therefore in many respects
violates Section g. of Art. XI of the
Tennessee Constitution, which pro-
vides that the Legislature shall pass
no Law for the benefit of any individu-
al inconsistent with the general laws
of the land, nor suspend any general
law for the benefit of any particular
individual, nor pass any law granting
to, any individuals, rights privileges,
immunities or exemptions other than
such as may be by the same law ex
tended to any members of the COM
munity, who may be able to bring
himself within the provisions of such
law.
The special act herein attacked, as
will be seen by reference to Sec, 6
thereof, authorizes the nine commits
sioners to spend the residue of the
bond fund, or 80 much as they may
decide to be proper, in the municipal
ity of South Pittsburg. Said commits
sioners are not required to spend any
designated sum Of money on any par
ticular road as described In the act,
nor are they required to build any
road to a specified number of miles, so
that the surplus arising from the bond
fund after building the roads is an un
certain amount, dependent wholly up-
on the discretion of said commission
ers
The TITLE of the act covers only
the building and improvement of
ROADS, but under Section of the
BODY of the act, the commissioners
are authorized to spend "a part" of
the residue if they so desire in the
building, Improvement and repairing
Of the STREETS, SIDEWALKS, AL
LEYS, or other places in the munich
pality of South Pittsburg. Under the
provisions of the BODY of the act,
any money spent by said nine commits
sioners In the Municipality of South
Pittsburg, in anyway whatever, would
be valid, which Is broader than the
caption Of said act.
And the act therefore violates Sec
tion II, art. II, of the Constitution of
Tennessee, providing that no bill shall |
become law which embraces more
than one subject, that subject to be
expressed in the title.
That portion of the bill which pro-
vides that a portion of the bond mon
ey may be expended within the cor
porate limits of South Pittsburg, as
we'll as other important matters in
said bill, were inserted after the bill |
had been drafted, and published In the
newspapers of Marion County, and the
great majority Of the people in the
County, as well as some Of the mem
bers Of the County Court, did not
know of these provisions in the bill /
when the County Court authorized the
bonds to be sold.
BY Chapter 343 of the Acts of 1911,
which is GENERAL Act, provision
is made for the election by the County
Courts Of three pike commissioners, to
have general charge Of the county
pixies in their respective counties, and
the expenditure of money thereon and
the making of contracts thereabouts.
The County Court Of Marion County
availed itself of the provisions of said
act, and at the July term thereafter
elected three pike commissioners, and
likewise at the regular July term.