The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-03-19

1875, and the second, or amending act, went into effect and became
Wright VS.. Cunningham, lis Tenn, 467, this was nothing more than
private corporation adopt one Of the forms laid down in Chapter 12
forms of charter for various kinds of private corporations, and permits
pirate ms % to @P the P Ens Of pS Susjnss 80 t% IeUpi in ay form n ro eh iGtd may ~ T Ssniu app anS
acknowledging III = an app application til H. and Oo going 9Th, through q other pT ELI t in
persons ms sise such UM, ar application, and took advantage of a general
t LEG lot~' sn Ws submitting Ha 1tMf, to 9o those + five e.. persons rs 9 the question uSt9, whether
necessarily understand that they pwG are simply imp aVp Themselves RenaiWa eSs q
SH d. along lions: WITH shi a a Tast numb saV OPT oih e c tSint Of i lsTs f f1rs. code cd ds pss,'
M n o,ne Legal legad papers ppssf TOR the people to use, if they SO desired; No
iature had thereby submitted G to him W. whether I'll at that form s%" ID become %
lie knew that the LEGISLATURE had already y created 4e ed the %su form m G and q made
st st a ch 1sS5ul or q of r ne fimpl f s snI n n% the ne ppi otSat t of adop 4m it. toi if he
or IF. rejection s&s ion had no effect upon the law It stood as law rsssrdless Of
Of municipal charters referred to in Brtnklev VS.. State, 1OS Tenn, and
erence to the former. ' "' ''''' case "'Ae fS'-
VoTE 7 oE TAF Fq PF6 SpRM1 nT MGM THE CITY T6R M H6ob4IGR BILL Il / TO . A
SUCH sT ii ISL THEY AXE AUTHORITIES AGAINST
In the case of Wright vs.. CUNNINGHAM, us Tenn. it was pointed
out that while in some other states of the Union the referendum had
c oHo c ouUp'g pro VnSsr f or in n0d 9at instrd I'm rsnn tnsf de s5SSpt in d the s pet
p m1Uidtn6 for rh the creation cation of of mum charter forms o amendments to
GO beyond the terms of the Constitution; That body can create charter
dependent upon the vote Of no other body of men, and permit the people
vote of the people as a whole. n am any smaller i%Ga section Dst o. of aH the peo ops It to 8 a. a a
psr t r oom n'S T1e'0s So t t%e le est%s SPsil m ss l by UT n1t law t for rt any
power nver I'm m andmnaI CORPORATIONS 1E pTin Gnact a charter for a particular my
to a vote of the people within the territory covered ID by II the e@ munic SpSm
attempt on the part of the Legislature woGld, in my Judgment. be BE- s a vi SS
t the co1 Ss ifSni'aap dsToivs a on It nn to an decide fde'1 TRa Gf la aRst ares rSsP Pst fa1 X. v .sst.
and all parts of the state, and to make such laws, and would he an ma
cation of its functions a. a lawmaking body.
Our system of government is a representative one and the monbaN.
of our constitutional convention in 1870 and the people who annroUsI
it, having before them the experience of past ages adhered closoiu
to that system, departing from it in only a very few carefully snocifiogs
instances; and our Supreme Court, animated by the same shirt 49,
adhered closely to the Constitution and has not directly sanctioned inv nv
violation of it. or lessened its force bv tolerant construction Ocoostor
ally the decisions of the Supreme Courts of some of the oher stoto.
which have adopted the referendum under constitutions ~ tboin go
have been urged unon the attention of our Supreme Court M w. wi wv
has declined to follow those states, believing that our Consttrttt,uu os III
not justify such a course. "fo uu
Very truly yours,
March II, 1919. M. M. NET.