Year: 1874

ment offered by Attorney General Fra
zier, it was rejected.


The question then being upon the
proposition offered by Attorney Gene
raj Wright as amended By Judge Fra.
zier, it was rejected.


HORSE STEALING, ETC.


Judge Frazier offered the following:


Resolved, That we recommend to
the Legislatureto to repeal the act of 1865,
which makes horse stealing, burglary,
robbery, and stealing from the person,
as well as bridge and house burning,
capital, and that the former law as to
the punishment be revised.


In support of this proposition, Judge
Frazier said that it was not the extent
but the certainty of punishment which
prevents crime, and under the present
law it is difficult matter to convict
that class of offenders because of the
severity of the sentence. Under the
present law, man convicted of horse
stealing may be sentenced to death, or
to confinement in the penitentiary at
from ten to twenty-one years.


Attorney Caldwell was in favor of al
lowing the death penalty for horse
stealing to remain, but thought il
would be advisable to put the maxi
mum punishment at Imprisonment for
five years, and moved to amend the
resolution to that effect. The amend
ment was agreed to, with the under
standing that it would operate as res
olution In lieu.


TAXES ON LAW SUITS.


Judge Hickerson offered the fol-
lowing:


In view of the fact that the purposes
of this convention is to devise means
to secure to the State and counties all
monies due to the State and counties
from citizens and officers; and in view
of the fact, that under the laws of
Tennessee, there is no property exempt
from taxation; and in view of the
fact, that the State is entitled to tax
fee on all law suits-civil and criminal
and as in most of the counties there
is county tax due the county; and in
view of the fact, that there is now
believed to be due the State and
counties many thousand dollars, which
can be collected, if the law upon this
subject is regularly enforced; and in
view of the fact, that it is more just
that such parties so liable for said tax
es should pay them than that the
amount shall be collected off of other
citizens, equally worthy, and who have
been in no way responsible for creating
such liability; therefore


1t is declared as the sense of this
convention, that it is the duty of the
clerks of the different courts in this
State, in all cases where there is State
or State and county tax due upon any
law suit, civil or criminal, and there is
any chance to collect the same, to issue
an execution alias or piuries execution,
as the case may be, to the proper officer


The officer into whose hands such
execution may come, will collect the
same in all cases where the party, or
parties, or their surities, have property
out of which other State and county
taxes might be collected. The officer
levying or distraining for such tax will
endorse upon the f ia the property
distrained, or levied upon to satisfy
the sum of-dollars, State and coun-
ty taxes mentioned in this f ia and
the costs of this levy.


Attorney General Holman moved to
amend by striking out the words State
or State and county taxes ON law suits
wherever they occur, and insert the
words taxes on law suits Agreed to,
and the proposition as amended, ad-
opted.


Judge Rice, chairman of the COM
mittee appointed to present list of
the items properly taxable to the State
and county, under the present law,
presented the following report: