The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1916-09-01
AUTHORITY TO BUY.

IL WOulu So6m LndC IuO wv avs "
the general assembly of Tennessee,
quoted in full in The Herald on Thurs
day, would settle the question OF the
county courts authority to buy the
turnpikes or toll roads of this county.
In the judgment of this paper either
act confers ample authority for the
acts done by the court on June IA and
July 10. Some question is made about
the act of 1911, which provides that
the turnpike roads shall be paid for
from funds mot otherwise appr0pri-
ated." There is probably little IN this
term. 1t runs in every appropriation
bill ever enacted by the congress OF
the United States and in most of those
enacted by state legislatures. But
very, very often the congress OF the
United States and the legislature OF
Tennessee have appropriated more
funds than there was money in the
treasury to meet the appropriations.
However, even should the words
mot otherwise appropriated" be fatal
to the act of 1911, there is no such
restrictive clause in the act Of 1901,
which stands upon the statute books
in all Of its force and vigor. This act
oonfers specific authority upon Maury
county to buy its toll roads through
the county quarterly court. The court
was convened in quarterly session
when the first purchase of June Ia
was made. But everything done at
the special term, regularly called and
held, was ratified, approved, and con-
firmed at the regular quarterly session
on July 10 as the records show.
Now what does the first section OF
Chapter 448 of the acts of the General
Assembly of 1901 say: THAT the
counties of Maury land others named
therein), be and is hereby authorized
to buy, on such terms as it may see
fit, any turnpike road or roads or parts
thereof as may be situated within the
territorial limits of said county, and
when so purchased the same shall be-
come free public roads"
This is about as strong as the plain
language of this country could make it.
It specifically confers upon this coun-
ty the power to purchase the toll roads
or parts thereof situated within the
territorial limits of Maury county.
The roads purchased are assuredly
situated within the county 1t is also
provided that the county may buy ION
such terms as it may see fit." The
court did this.
Now how is the county to exercise
the power conferred upon it in section
one before quoted? That query is
answer fully and specifically in section
4 of the act which provides: BE 1t
further enacted, That the power here
by conferred upon said county shall be
exercised through its county court at
any quarterly term thereof by ma
jority of the justices present, provided
there be a quorum present"
Did the county of Maury exercise
the powers conferred under this act
in the manner provided by the act?
Let us see. After the legal notice
required by statute, had been pub
lished, the court convened in extra
session on June IA to consider the
purchase of the pixies. There were
twenty-five of the twenty-four mem
bers present. Fifteen, three-ifths,
constitute quorum. The quorum was
therefore present. These twenty-five
members, upon roll call, including
Squire Hayes of the city of Columbia,
voted to enter into an agreement with
Horace Rainey and c. T. Looney for
the purchase Of their toll roads.
1t may be objected that being spe-
cial session the meeting OF June IA,
was not quarterly term within the
meaning of the statute. Admitted for
sake of argument, what is found? On
July 10. the court convened in regular
quarterly session A resolution pur-
chasing the Rainey and Looney pixies,
providing the terms of purchase, set
ting out the mileage of the pixies, all
of which was within "the territorial
limits" of Maury county, was present
ed. At the time this resolution was
considered the records show that
eighteen of the twenty-four members
were present.
Fifteen constituting quorum, assur-
eddy quoum with eighteen members
in their seats and answering the roll
call, was present. This resolution was
duly considered and amended, and as
amended was submitted by the presid-
ing officer to the court and the clerk
directed to call the roll Of members
upon It's adoption. Eighteen members
voted in the affirmative, including