rights, privileges, immunities, or exemptions other than such as may be by the same law extended to any member of the community who may be able to bring himself within the provisions of such law. There is also another constitutional provision with reference to laws as arms of the government, pertaining to municipal corporations, and another especially providing for the protection and preservation of game and fish, and which provided for local legislation with reference to same. It occurs to me that the legislature sanctioned by the Supreme Court, has misinterpreted the constitutional provisions with reference to general and local laws. I have not made an extended study of the word “community" appearing in the provision of the Constitution above referred to but it seems to me that when read in connection with other provisions, that the word "community should be properly read "State" and not community in the sense that we speak of local communities, neighborhoods and counties. The tendency has been greatly towards local or special legislation for the past twenty years in our state, and the provision of the Constitution above referred to has been invoked in support of private and local legislation in numerous cases, and for a long time our Supreme Court adhered strictly to the Constitution, but owing to the demand for local legislation, it finally concluded that our Constitution was elastic enough to permit the constitutional passage of numerous local, in a measure private, legislation. The bars were laid down by the Supreme Court in the celebrated Knox County road case decided by our Supreme Court in 1901 and which is reported in 108 Tenn., page 82. That law as enacted applied to all counties of not less than 70,000 nor more than 90,000 population according to the Federal census of 1900 or any subsequent Federal census. At that time, there were only two counties in the state that had a greater population than 90,000 and these counties were Davidson and Shelby, and the Supreme Court said, that it may be, that these two counties had a system of roads and pikes satisfactory to themselves. So it was, that the Supreme Court laid down the rule, so to speak, that legislation might be applied to the counties having a certain population by making the act read a minimum and maximum population with the exception, however, that the statute must not be arbitrary and capricious, and in such cases the rule laid down and the question is: “Is the classification capricious, unreasonable or arbitrary?" The rule thus enunciated was a sound one and had it been adhered to later on we should have been spared. But act after act was passed reducing the numerical classification, and the court was lead on and on in sustaining them until the provisions of our organic law, as to laws being general and not special, were practically emasculated. In fact a It is the policy of these special school districts to incorporate all possible territory, and in instances, as stated before, there is overlapping, and in others narrow strips of territory left where the pupils would not have the special taxation, and the public school interest is waning. The legislature has recently taken upon itself special legislation with reference to fees of officers. I think this legislation is radically wrong. it may be that there should be some relief, and I think there should be some, but at the same time, I believe the legislature has gone about it in the wrong way. There is general complaint throughout the state that the trustees and the clerks of the several courts in counties embracing large cities are paid too much. I have always thought that a laborer is worthy of his hire. I do not believe that the state or the county should permit the officer to charge the fee for the services rendered, and, at the end of the month or year, take from him that which he has earned. On the other hand, I do not believe it good business judgment or sound policy to pay an officer money which he has not earned. If there must be a change, then in my judgment, it would enure to the benest of the party who has to pay the fees. For instance if the fees of the office of the trustee are in excess of what should be reasonably paid to the incumbent, then, in my judgment, there should be a graduated scale, and the trustee should be paid commissions on the first $100 collected from any individual at one rate and a lower percentum on each and every hundred dollars in excess of $100. We have this graduated scale for the clerks of our several courts in selling property, and in collecting in and paying out the funds, and if this is good business when applied to the clerks of our several courts, I see no reason why the same rule might obtain to the agents of the county and state. a n 1907 a road law was passed in Obion County. The act did not the lines and no other. There was hardly a remote probability that The inroad has been so great that in 1921, there was passed a pecial act for Tipton County, and while there is a numerical difference 250 yet no other county in the state at that time came within the ct, and the result of which is that the clerk and master of Tipton ounty now draws a salary of $1,000.00, and the act provides that the total amount of his fees does not amount to that sum, he is to be aid that amount, and if his fees exceed that amount, then the C. & M. to retain the surplus fees. The Supreme Court will be expected, as matter of course, to sustain the statute in question and thereby we ve Tipton County guaranteeing to its C. & M. a salary of $1,000.00. This is also true as to the sheriff in McMinn County, who receives salary of $1,500.00 per year and in addition all fees and comEssions in all civil suits in the Chancery Court, Circuit Court, or stice of the Peace Courts, and it now seems that the several counties our state, by sanction of the Legislature and the Supreme Court, While I do not recall the particular county but it is a fact that the entitled to a fee of 75c for issuing a civil warrant while in all & M. amounted to about $200.00 per year, and the legislature sed an act putting this C. & M. on a salary of $1,000.00 per year. In my county the educational interest has been great for many years the county of Gibson stands high educationally as well as othere, and some few years ago the Legislature, at the instance of sev1 localities, began the passage of laws creating special school districts while the general tendency has been to increase the educational rest and to provide better schools for our childrn, they have bred content, and we now find that certain territory has been incorporated special school districts with the result, that in some localities there been an overlapping of the territorial limit, and in others, there small sections of the county or districts where there are not sufent number of pupils left to maintain a respectable common school . a a a The Register of Deeds in Tennessee received so much for recording a deed, trust deed or other papers for registration, and if the business of his office is such that he is being paid more than his services are reasonably worth, then the fees for recording these instruments should be lowered, and in that way the people would receive the benefit. But I do not believe that the excess earnings of one officer should be taken from him and a deficit, so to speak, made up to another who does not eam the amount, unless the counties are going to put all of their officers on a salary basis and in which event, it should have the right to select its own servants and agents, and then it would be its duty to make the best contract possible consistent with sound judgment and business experience. If the business of the several offices in a county does not justify the incumbent, then these offices should be consolidated, and let the clerk of the circuit court be ex-officio clerk and master, or otherwise as the occasion may demand. We should economize rather than pay fees that are not earned, It is the policy of these special school districts to incorporate all possible territory, and in instances, as stated before, there is overlapping, and in others narrow strips of territory left where the pupils would not have the special taxation, and the public school interest is waning. The legislature has recently taken upon itself special legislation with reference to fees of officers. I think this legislation is radically wrong. it may be that there should be some relief, and I think there should be some, but at the same time, I believe the legislature has gone about it in the wrong way. There is general complaint throughout the state that the trustees and the clerks of the several courts in counties embracing large cities are paid too much. I have always thought that a laborer is worthy of his hire. I do not believe that the state or the county should permit the officer to charge the fee for the services rendered, and, at the end of the month or year, take from him that which he has earned. On the other hand, I do not believe it good business judgment or sound policy to pay an officer money which he has not earned. If there must be a change, then in my judgment, it would enure to the benefit of the party who has to pay the fees. For instance if the fees of the office of the trustee are in excess of what should be reasonably paid to the incumbent, then, in my judgment, there should be a graduated scale, and the trustee should be paid commissions on the first $100 collected from any individual at one rate and a lower percentum on each and every hundred dollars in excess of $100. We have this graduated scale for the clerks of our several courts in selling property, and in collecting in and paying out the funds, and if this is good business when applied to the clerks of our several courts, I see no reason why the same rule might obtain to the agents of the county and state. The Register of Deeds in Tennessee received so much for recording a deed, trust deed or other papers for registration, and if the business of his office is such that he is being paid more than his services are reasonably worth, then the fees for recording these instruments should be lowered, and in that way the people would receive the benefit. But I do not believe that the excess earnings of one officer should be taken from him and a deficit, so to speak, made up to another who does not earn the amount, unless the counties are going to put all of their officers on a salary basis and in which event, it should have the right to select its own servants and agents, and then it would be its duty to make the best contract possible consistent with sound judgment and business experience. If the business of the several offices in a county does not justify the incumbent, then these offices should be consolidated, and let the clerk of the circuit court be ex-officio clerk and master, or otherwise as the occasion may demand. We should economize rather than pay fees that are not eamed. The fixing of the salaries of the county officials by the legislature must cease or else the burdens that will be placed upon the tax payers of the county will become unbearable. A special act has been passed for Monroe County, a county with a population of less than 29,000 inhabitants creating the office of deputy circuit court clerk with a salary of $50.00 per month to be paid out of the county treasury, and the act provides that it shall be paid the circuit clerk, and that he shall make settlement with the deputy. Unicoi county with a population of less than 7,300 has raised the salary of che clerk and master from $500 to $1,200. Henry county pays its circuit clerk $1,500, while Robertson county with a population of less han 26,000 pays its tax assessor $2,200, and Warren County has prepared to exercise "Old Limber" and has gone into the rabbit business by making it unlawful to kill rabbits at all seasons of the year. There are hundreds of similar acts that have been passed by the egislature. And the private acts for the year 1921 fill two volumes and comprise approximately 3,000 pages while the public acts for he same year fill one small volume of less than 700 pages, including he acts and resolutions. Notwithstanding all this special legislation or the benefit of the clerks, the sheriffs, the clerk and masters, and ther officers, each and every act that has been passed, concludes with he statement in the language of the constitution "The public welfare equire," which perhaps accounts for the number of engrossing clerks nd the numerous porters employed by it. If the legislature can justify the statement that the public welfare equires the raising of all the salaries of the sheriffs, clerk and master, nd other county officials, and the appropriating of the county's money - pay them, then I am ready to apologize to the legislature for what am saying Not only are the lawyers confronted with volume after volume of -cal and private legislation applicable to certain counties in the state, ut a good citizen of one county, law abiding in every respect, may ecome a violator of the law innocently by going over into another unty and doing that which is lawful in his own county. And the me has come when a lawyer of my county cannot advise a client in neighboring county, without an exhaustive research, about matters I do not believe that the legislature has the power under the contution, to enact all this special and private legislation, and I do not lieve it ought to be sustained by the court. Only a few years ago there was an act passed by the legislature, miliar to all the lawyers of Tennessee, whereby Shelby County was ken out of the Western Division of the state, so to speak, and transred to the Middle Division, and the appeals to the Supreme Court are heard at Nashville. Shelby County occupies the dual position in , and of course, it must now be accepted as being constitutional. But if it is constitutional to transfer Shelby County to the Middle Division of the State, then every other county in the state can be transferred to the Middle Division of the state except one, and it might be that this one county would not have one case appealable to the Supreme Court in every five years. So the legislature can, and has to an extent, abolished the Supreme Court's sitting in West Tennessee. This may suit the lawyers of Shelby County but it does not suit many of the lawyers in the other counties in West Tennessee. It might be said that such action does not interfere with the business of the other counties of West Tennessee but this is not true for the reason that the Supreme Court, since the passage of this act, seldom holds longer than one week at Jackson, and as a result the appeals in other counties are, in a measure, forced to go to Nashville to be heard. This is unfortunate for the country lawyers in West Tennessee. As a rule, outside of the cities, the litigants are not able to pay fees commensurate with the services to be rendered, the time lost and the expense of attending the Supreme Court at Nashville. a It occurs to me that the legislature should be more concerned than it has been, in giving some actual relief and passing some very needful legislation. In fact, instead of appropriating the money of the counties in payment of the salaries of officers which are not earned, the legislature would do well to create the office of court reporter in each and every judicial district in the state, and to provide means for the payment of this official, and let this official be subject to the demands of the several bars, and be required to report all cases on demand and when this is done, you will not fail in your bill of exceptions as was done in the Ford Banditry case, and in many others where a proper bill of exceptions is not made out, and, too much work will be taken off of the lawyers and the several judges of our state, and this will enure to the benefit of all who are so unfortunate as to be brought into court. It occurs to me that the time has come when we should find a Heze kiah who will go forth and send forth all of his postmen and summon in the members of the bar and other people who are interested in re-es. tablishing the Constitution and we should once more gather around the table and restore the old time order and principles of right and justice. five years. are heard at Nashville. Shelby County occupies the dual position in that its appeals to the Court of Civil Appeals are appealed to that court at Jackson, Tenn., while the appeals to the Supreme Court go to that court at Nashville and Shelby County occupies the position that "some say she do and some say she don't." The Supreme Court held this act constitutional, and of course, it must now be accepted as being constitutional. But if it is constitutional to transfer Shelby County to the Middle Division of the State, then every other county in the state can be transferred to the Middle Division of the state except one, and it might be that this one county would not have one case appealable to the Supreme Court in every So the legislature can, and has to an extent, abolished the Supreme Court's sitting in West Tennessee. This may suit the law . yers of Shelby County but it does not suit many of the lawyers in the other counties in West Tennessee. It might be said that such action does not interfere with the business of the other counties of West Tennessee but this is not true for the reason that the Supreme Court, since the passage of this act, seldom holds longer than one week at Jackson, and as a result the appeals in other counties are, in a measure, forced to go to Nashville to be heard. This is unfortunate for the country lawyers in West Tennessee. As a rule, outside of the cities, the litigants are not able to pay fees commensurate with the services to be rendered, the time lost and the expense of attending the Supreme Court at Nashville. It occurs to me that the legislature should be more concerned than it has been, in giving some actual relief and passing some very needful legislation. In fact, instead of appropriating the money of the counties in payment of the salaries of officers which are not earned, the legislature would do well to create the office of court reporter in each and every judicial district in the state, and to provide means for the payment of this official, and let this official be subject to the demands of the several bars, and be required to report all cases on demand and when this is done, you will not fail in your bill of exceptions as was done in the Ford Banditry case, and in many others where a proper bill of exceptions is not made out, and, too much work will be taken off of the lawyers and the several judges of our state, and this will enure to the benefit of all who are so unfortunate as to be brought into court. It occurs to me that the time has come when we should find a Hezekiah who will go forth and send forth all of his postmen and summons in the members of the bar and other people who are interested in re-establishing the Constitution and we should once more gather around the table and restore the old time order and principles of right and justice. |
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