Year: 1875

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the Court having adjourned its term
re-hearing is not to be expected. But, in
case the decision should be permitted to
stand undisturbed as law. your commit
tee hope that this jury reform will be so
modified by the next Legislature, by re-
quiring cash payment, in accordance
with the English practice, of all costs as
cases progress; and that other modifi-
cations will be made, if necessary, so as
to meet all the possible objections to its
constitutionality and give us the bene-
fits of the measure-so numerous, ex-
pense saving and desirable.


JUSTICE AND ECONOMY OF THE WORK


HOUSE LAW.


By the work-house law, making Of
tenders work out the costs of their con
viction, and those who commit crime.
pay the penalty of crime, instead of
law-abiding and innocent citizens, it
has been thought that a very large sum
by some estimated at even $50, 600 more
will be saved to the citizens of Shelby
and the State, to whom the government
owes full protection, and the duty Of ex-
empting them as much as possible, from
paving to such an extent the penalty of
crime which the authorities have iourd
it impossible to prevent. The weight,
and all the weight, of penalties for
crime, should fall on The heads of the
guilty, and the innocent 60 unscathed
from the costs of detection, convictiol
and punishment. This law, so accor-
dant with the maxim that it is better the
guilty should escape than that the limo
cent should be punished is n strict accor-
dance with every natural and moral
sentiment Of justice and good govern
ment, stands on right principle and
a sure foundation, nd as great and
statesman-like measure, will meet the
hearty appreciation of right thinking
aud honest men throughout the coultry.
EDUCATION BEYOND THE PRIMARY BRANCH
Es SHOULD BE BY VOLUNTARY PAYMENTS.


By the Limitation of extra school-'ax.
es to one mill for our city, instead of
two mills or more heretofore permitted
to this municipality, a reduction of
$4,000 more has been made to our citi-
zeus. And yet, notwithstanding loud
and clamorous complai ITS have been
made by some among US, who desire to
give classical educations to their child
rem, not by money from Their own pock-
cts, but at the public expense, the fact
still appers that under the law as it stands
the youth of the city have provided for
their instruction, twice as much as he's
been provided by the State for the child
rem of the county; who deserve as large
provision for their benefit as those Of
the city; and whom there are precisely
the same reasons, and it is as important
for the interests of the State to educate
at the public expense, as those of the
city. There is no one to dispute, or
doubt the importance of educating all
our youth. But, is not complaint from
the city under such circumstances most
astonishing and unreasonable If not,
with how much more reason may the
country complain that tie legislature
has been unduly partial to the city, in
giving by an indirection double to the
children of one what it has done to the
other2 There ought to be no taxes
levied for education except by the legis-
lature, acting directly, and with perfect
equality all over the State, and not sub
mtting the subject to be disposed Of un-
der its sanction by any particular city
or locality; by reason of which any one
man shall be compelled to pay any
larger percentage than any other one
man. There is no sound principle on
which citizen of Memphis, or any
other city, or county, or civil district,
can be compelled to pay more taxes for
any one given purpose of common and
general importance and interest through
out the State than any other citizen of
the country, or small towns or districts.
CoXsTITUTIoNALITY OF THE SCHOOL TAX


DENIED.


And, since the Constitution has been
appealed to to overthrow the beneficial
jury law, we take the liberty of suggest
ing the appel to it as a shield against
the oppression of a municipal tax which
makes the man of Memphis pay ore
than the man of the suburbs, and deny
that any assessment will be allowed to
be enforced by it for the purpose of
education, which directly or indirectly
shall compel from any one man more,
&C ording to his means, than is required
from another, If this is done, it nay
and should be by voluntary payment for
tuition. We deny that the Legislature
has such power; and more, that it can
delegate such power to any corporation.
We deny, therefore, that the extra tax
on the city now allowed by the Legisla-
ture to be made by the General Council,
or that allowed to be made by the Coun-
ty Court, will stand the test oe the Con-
stitution. We affirm (on our own re-
sponsibility, and not on particular con-
sultation and legal advice) that taxes
fur this purpose, levied not impartial
ly by such an agent of the legisla-
ture, may be successfully resisted before
the courts by whomsoever will take the
trouble and the costs. We know that it
is well settled that there are certain pow
ers exceptionally inhering in municipal
corporations, and which are incident to
their lawful creation from the very neces-
sity of the case-as police powers and
the like. But we deny that this is one
Of them. We affirm that the purpose of
education is q common State purpose,
one that's as indispensable to the public
good in one part of the State as another,
and to the same extent required in the
country as in the town. that taxation
should therefore be equal to each, ard
that with as much reason you might have
Que law and one nenaltv for larcenY.