African American Legislator Home   |   Exhibits Menu   |   TSLA Home
bills filed by the 19th century african american legislators in the tennessee general assembly



General Assembly Bill No. (Sponsor) – Subject of bill

#38 (1873-1874) HB 329 (Keeble) – Amends Nashville city charter

HB 506 (Keeble) – Laborers and wages

HB 507 (Keeble) – Benefits Tennessee Manual Labor School

 

#39 (1875-1876) Chapter 130, Acts of Tennessee (Tennessee’s first Jim Crow law)

 

#42 (1881-82) HB 32 (Cassels) – missing – fees of District Attorneys

HB 33 (Norris) – missing – security for costs of lawsuits

HB 70 (Sykes) – missing – repeals Chapter 130

HB 73 (Cassels) – missing – miscegenation

HB 74 (Cassels) – Shelby County taxes

HB 135 (Sykes) – commission to establish new penitentiary

HB 137 (Cassels) – Supt. of Public Roads & Bridges

HB 166 (Norris) – pays Memphis’ debts to military

HB 194 (Boyd) – provides security for costs of lawsuits

HB 224 (Cassels) – missing – amends criminal code

HB 276 (Norris) – provides black student housing at UT

HB 289 (Sykes) – admits black students to schools for the

blind and the deaf & dumb

HB 308 (Norris) – permits selling cotton by the bale

HB 312 (Cassels) – repeals law in re selling cotton

HB 326 (Sykes) – admits blacks to UT

HB 419 (Cassels) – duties of coroners

HB 455 (Boyd) – increases exemption from attachment

HB 457 (Norris) – job description, Justices of the Peace

HB 478 (Cassels) – compensates victims of mob violence

HB 510 (Norris) – laborers and wages

HB 560 (Sykes) – fair jury selection

HB 563 (Norris) – deputizing of constables

HB 577 (Norris) – court costs for misdemeanors

HB 588 (Cassels) – pays Memphis’ debts to city employees

HB 654 (Cassels) – repeals law re champerty, maintenance

HB 682 (Norris) – repeals Chapter 130

SB 342 (Compromise bill for HB 682)

HJR 18 (Sykes) – inauguration of governor

HJR 48 (Sykes) –inspection of sanitation at penitentiary

 

 

Extr. Sessions ES #3: HB 3 (Sykes)

1882 ES #4: HB 1 (Norris—penalizes discrimination by railroads

Minutes from 3rd Special Session concerning HB 1

 

#43 (1883-1884) HB 12 (McElwee) – Normal School education for blacks

HB 34 (Howard) – repeals Chapter 130

HB 129 (Howard) – miscegenation

HB 298 (McElwee) – changes size of boards of directors

HB 341 (McElwee) – regulates fees of sheriffs

HB 493 (Howard) – appoints Asst. Supt. of Schools

HB 526 (McElwee) – requires equitable jury selection

HB 556 (Howard) – penalizes discrimination by railroads

HB 663 (Boyd) – penalizes discrimination by railroads

HB 666 (Howard) – compulsory school attendance

HR 10 (McElwee) – provides payment to House staff

HJR 59 (McElwee) – encourages federal aid for education

HJR 92 (Boyd) – offers a reward for a murder

HJR 126 (Boyd) – prohibits convicts from farm work

 

 

#44 (1885-1886) HB 13 (McElwee) – finances hospital for insane

HB 31 (Fields) – limits debts incurred for land rental

HB 34 (McElwee) – repeals Section 2437a of the Code

HB 69 (Hodge) – missing – prohibits police from serving process

HB 96 (McElwee) – increases a fee

HB 99 (Evans) – limits garnishment of wages

HB 119 (Fields) – compulsory school enrollment

HB 139 (Hodge) – amends an earlier road act

HB 140 (Hodge) – limits the time laborers work on roads

HB 141 (Hodge) – repeals Chapter 130

HB 151 (Fields) – requires truth in advertising in re wages

HB 156 (Evans) – road work and laborers

HB 213 (Fields) – ensures bipartisan election judges

HB 447 (Evans) – penalizes discrimination by railroads

HB 495 (McElwee) missing – protects women & children

HB 514 (Evans) – appoints Asst. Supt. of Schools

HB 539 (McElwee) – missing – encourages savings by laborers

HB 655 (Hodge) – regulates insurance companies

HR 88 (McElwee) – missing – requires a study of UT admissions

HJR 9 (McElwee) – urges federal support of Blair Ed. Bill

HJR 108 (Evans) – missing – names Howell E. Jackson to cabinet

HJR 149 (McElwee) – enables the Governor to fill a board

vacancy

HJR 157 (McElwee) – permits black cadets to attend UT

 

Extr. Session HB 29 (Evans) missing – Assistant Superintendent of Schools

HB 34 (Fields) missing – distribution of teaching certificates

HB 63 (Hodge) missing – voting

 

 

#45 (1887-1888) HB 05 (McElwee) missing – prohibits mob violence

HB 06 (McElwee) – regulates descent and distribution of estates

in cases involving former slaves and their children

HB 33 (Hutchins) – regulates contracts with attorneys

HB 34 (Hutchins) – regulates activities of attorneys

HB 136 (Hutchins) – repeals the Hamilton County poll tax

HB 206 (McElwee) – adds language to Section 2490

HB 360 (Gooden) – mileage for witnesses in state cases

HB 413 (Hutchins) – limits testimony of convicted felons

HB 447 (Hutchins) – regulates prison guards & workhouses

HB 765 (Gooden) – missing – sets fair election guidelines

HB 868 (Hutchins) – ownership of public animals

HR 9 (McElwee) – provides payment to House staff

HR 10 (McElwee) – missing – to allot members $5 of stamps

HR 37 (McElwee) – directs the clerk to prepare a calendar

HR 108 (Hutchins) – changes committee membership

HR 126 (McElwee) – thanks the Alliance Club for a concert

HR 159 (Hutchins) – missing – reduces state debt through sale of RR bonds

HJR 33 (McElwee) – commends World Exposition for Colored

People in Birmingham, Alabama

HJR 83 (McElwee) – relating to colored cadets in universities


HB 329 – GA 38, 1873 (Keeble – Amends Nashville City Charter)

 

[On cover]

H B 329

 

Passed 1st Rg.

Referred to Committee on Corporations

 

Keeble

 

[Text]

An act to Amend the City Carters of The Cities of Nashville, Memphis and Knoxville.

 

Sec 1st Be it Further enacted by the General Assembly of the State of Tennessee that the word property Qualifications be Stricken out of Said City Charters of the cities of Nashville, Memphis and Knoxville which requires the Mayor, Aldermen and Councilmen to Make Oath that they are the owner of Five hundred Dollars worth of Real Estate before they can be Sworn into office—

 

Sec 2d Be it Further enacted that the officers of the Corporations of the Cities of Nashville, Memphis and Knoxville Shall be elected for Two years instead of One as heretofore.

 

Sec 3d Be it Further enacted that the following officers of the Corporations of Nashville, Memphis and Knoxville Shall be elected by the people for Two years. City Recorder, City Tax Collector, City Assessor, City Water Tax Collector, Superintendant [sic] Water Works, 1st & 2nd Engineers Water Works, Chief Fire Department, City Physicians, City Dispensary Physician, City Work house Keeper, Deputy Work house Keeper, City Treasurer, City Wharf Master, Sexton City Cemetery, Street Overseer and the Three Police Commissioners.

 

Sec 4th Be it Further enacted that this act Shall take effect from and after its passage.

 

[Note: A second bill with the number H.B. 329 was also introduced during the 38th General Assembly by John Overton, Jr., a Democrat representing Shelby County. This H.B. 329 was “To amend the Charter of the DeSoto Bank of Memphis” by extending the duration of the charter by fifty years.]

 

 

 

 


HB 506 – GA 38, 1873 (Keeble—Laborers and wages)

 

[On cover]

H B. 506

Passed Rdg

Mch 18

 

[Text]

An Act to protect laborers and to Secure their wages—

 

Be it enacted by the General Assembly of the State of Tennessee—

 

Sec. 1. That hereafter in all cases where any person or persons are hired or employed as common laborers on farms and plantations, either by the month or year and either upon the shares, or agreed and stipulated wages per month or year, should such person or persons be wrongfully and unjustly, and without valid and sufficient cause or provication [sic] discharged or driven off from said farm by the person having hired or employed such laborer, then and in such case or event, the said laborer shall have a lien upon the entire crop grown on said farm for such length of time he was employed, to secure his wages under the contract—

 

Sec. 2. Be it further enacted, that in order to carry out in good faith the provisions of the first section of this act, Said person or laborer shall have all the remedies both in law and equity, that is [sic] now given in cases of debt in other civil causes—

 

Sec. 3. Be it further enacted, That this Act take effect from and after its passage, wellfare [sic] of the State demanding it—


HB 507 – GA 38, 1873 (Keeble – Benefits Tenn. Manual Labor School)

[On cover]

H B 507

 

Passed 1st Rg Mch

 

Keeble

 

[Text]

An Act for the benefit ofthe [sic] Tennessee Manual Labor School—

 

Be it enacted by the Legislature General Assembly ofthe State of Tennessee –

 

That the sum of six hundred dollars, be and is hereby appropriated out of the State Treasury for the use and benefit ofthe Tennessee Manual Labor School, which amount shall be applied alone for paying the balance ofthe purchase money due upon the farm and lands purchased by Said Tennessee Manual Labor School, located in Rutherford County Tennessee.

 


Chapter 130, Acts of Tennessee, 1875 – GA 39 (1875)

 

Introduced as House Bill No. 527 by Representative R. P. Cole, Paris, Tennessee

(Democrat representing Henry, Carroll, Gibson, and Weakley counties).

 

 

Document One [Actual bill as amended and passed.]

 

A Bill – To define the rights, duties, and liabilities of Inn Keepers, Common Carriers, and Proprietors of places of public amusement.

 

 

1st Be it enacted by the General Assembly of the state of Tennessee – That the rule of the Common Law giving a right of action to any person excluded from any Hotel or public means of transportation or place of amusement, is hereby abrogated, and hereafter no keeper of any Hotel or public House, or carrier of passengers for hire or conductor, driver or employee of such carrier or keeper of any place of amusement or employee of such keeper shall be bound, or under any obligation to entertain carry or admit any person whom he shall for any reason whatever choose not to entertain carry or admit to his house Hotel carriage or means of Transportation or place of amusement nor shall any right exist in favor of any such person so refused admission but the right of such keepers of Hotels & public Houses carriers of passengers & keepers of places of amusement and their employees to control the access & admittance or exclusion of persons to or from their public Houses – means of Transportation & places of amusement shall be as perfect and complete as that of any private person over his private house carriage or private theatre or places of amusement for his family.

 

Sec 2nd Be it further enacted That a right of action is hereby given to any keeper of any Hotel Inn Theatre or public House common carrier and restaurant against any person guilty of turbulent or riotous conduct within or about the same, and any person found guilty of so doing may be indicted & fined not less than one hundred dollars, and the offender shall be liable to a forfeiture of five hundred dollars and the owner or person so offended against may sue in his own name for the same.

 

Sec 3 Be it further enacted that this act shall take effect from and after its passage the public welfare requiring it.

 

______________________

 

[On reverse]

 

Passage Recommended by Judiciary Committee. W. A. Quarles, Chm.

HB 527 Passed 1st Rdg. Mch 9th

Rfd. J. C.

Passed 2nd Rdg. Mch 10th

Amended & passed 3rd Rdg. Mch 11th

R.P. Cole

______________________

Passed 1st reading Mch 12

Passed 2nd Reading March 22 1875

Passed 3d Reading March 23 1875

______________________

 

Document Two [Original bill as first presented]

 

H. B. 527

A bill to define the rights, duties & liabilities of Innkeepers – Common Carriers – Proprietors of places of public amusements

__________

 

Passed 1st Rg. Mch 9

Referred to J. C.

Passed 2 Rg Mch 10

S.O. 1042.11 Mch. 10

Amended & Passed 3d Rg Mch 11

R. P. Cole

Henry

__________

 

A bill, to define the rights, duties, and liabilities of Inn Keepers, Common Carriers and Proprietors of places of public amusement, in view of the passage of the Act of Congress, commonly called the Civil rights bill.

1st Be it enacted by the General Assembly of the State of Tennessee [written in pencil, “here see ament.”]: That it shall be lawful, for the Keeper of any public inn, hotel or restaurant, the proprietors officers or employees of any stage, hack or omnibus line, of any railroad, steamboat or other water craft, or of any conveyance, engaged in whole or in part, in the business of carrying and transporting passengers, the proprietor or manager of any theater Circus, menagerie, museum or other place of amusement in this State, to make additional charges rates and fares for, or to exclude them from, in his discretion, any person or persons, whose hair has a spiral curvature, not greater than one fourth of one inch radius, without regard to race color or previous condition of servitude.

[A notation in the margin next to Section 1 says “out.”]

2. Be it further enacted: That it shall be lawful for such inn-keeper, hotel keeper, or restaurateur, Carriers of passengers by land or by water, and proprietors or managers of places of public amusement, to discriminate, in these charges rates and fares, or to exclude from their places of business conveyances and places of amusement, at their discretion, any person or persons, who are unable to draw a perpendicular from the occipital bone to the ground, without impinging the heel or os calcis of such person or persons, without regard to race color or previous condition of servitude.

3 Be it further enacted: That it shall be lawful for the persons aforesaid to make such discrimination in charges rates and fares against, or to exclude from their said places of business and amusement and from their conveyances aforesaid, any and all person or persons, as in their discretion shall seem right and proper, whose nasal bone does not present an elevation of one fourth of one inch, at a point three fourths of one inch below its incidence with the os frontis, of such person or persons, without regard to race color or previous condition of servitude.

4 Be it further enacted: That it shall be lawful for such persons by regulating their charges rates and fares, or by any other lawful means, to exclude, from their said places of business or amusement, or from their said conveyances by land or by water, any person or persons, the bottom of whose feet describes a parabolic curve, the asymptote of which, is equidistant from the point of departure and incidence, without regard to race color or previous condition of servitude.

5 Be it further enacted – That it shall be lawful for all such persons so engages in the business aforesaid, by an adjustment of their charges rates and fares, or by any means not unlawful, in their discretion, to exclude or to reject, from their said places of business or amusement or from their said conveyances either by land or by water as aforesaid, any person or persons whose secretions from the sebaceous or sudorific glands evolve any subtle oderous atomic fluid, so painfully irritating the nerves of the schneiderian membrane, that by its reflex action in the pneumogastric nerve the stomach becomes, or is likely to become excited to nausea, without regard to race color or previous condition of servitude.

6. Be it enacted: That the person or persons aforesaid engaged in the business and occupations aforesaid, may in their discretion, exclude, from their said places of business and amusement, and from their conveyances, any person or persons whose ancestors were canibals [sic], or were guilty of the practice of voodoism, without regard to race color or previous condition of servitude.

7. Be it enacted – That it shall be lawful for all such persons so engaged in the business and occupations aforesaid, in their discretion to demand from all person or persons who shall offer to patronize or require their services in the business aforesaid, to produce, and show, a certificate from the Keeper of Weights and Measures attested by the Clerk of the County Court, as to his official character, by the Clerk of the County Court, of the County, in which, each person or persons last resided, showing that by actual measurement, mathematical calculation or geometrical demonstration, as the case may require, that he she or they are not obnoxious to any of the objections provided against in the 1st 2nd 3rd & 4th sections of this Act: and any person or persons, who is deemed to be obnoxious to the 5th section of this act, may in the discretion of said innkeeper common carriers or proprietors of places of amusement, be required to bring or produce one quart bottle of “Labarque’s Solution of Chlorinated Soda” as a disinfectant, without regard to race color or previous condition of servitude.

8. Be it enacted, That if any person from whom such certificate or disinfectant has been demanded, shall by force, fraud, misrepresentation or by producing any false or forged certificate, or spurious disinfectant, less potent than the one required by the foregoing section, gain admission into any public inn hotel, restaurants, stage coach, omnibus, railroad car, steamboat, water craft of any description, theater or other place of amusement may be prosecuted for a misdemeanor, or sued in any Court of record in this state, having common law jurisdiction, in an action qui tam, and shall forfeit and pay not less than five hundred dollars, nor more than one thousand dollars, one half of which shall go to the informers, and the other half to the Commissioner of Emigration, for colonization purposes, and shall be imprisoned not less than thirty days not more than one year without regard to race color or previous condition of servitude.

9Be it enacted: That if any innkeepers hotel keepers or keeper of a restaurant or any railroad company or its employees, or any common carriers of any description whatever, or any proprietor of a theater or other place of amusement, or other employer, shall willfully or negligently fail to asset and insist upon his or their rights and privileges as provided for in this Act, shall be liable to presentment or indictment, in any Court of record in this state having common law jurisdiction, or may be said in an action qui tam in such court, and shall forfeit and pay, the sum of five hund not less than the sum of five hundred dollars, nor more than one thousand dollars, and be imprisoned for not less than thirty days, nor more than one year, and shall for the space of five years be ineligable [sic] to any office of honor profit, or trust, in this state, and incompetent as a witness or juror for the period of ten years, from the date of his conviction, without regard to race color or previous condition of servitude.

10Be it enacted: That all laws, or parts of laws, statutory or common laws, in conflict with the provisions of this act, be, and the same are hereby abrogated and repealed – and hereafter, no right of action shall exist against any innkeepers, common carriers or proprietor of places of amusement, or employees of either, for refusing to secure and accommodate any guest, to transport any passenger, or admit any visitors, whom he may desire excluded from his place of business conveyance or place of

amusement – without regard to race color or previous condition of servitude—

[A notation in the margin next to Section 10 says “out.”]

11Be it enacted. That this act shall take effect from and after its passage, the public welfare requiring it.

[A notation in the margin next to Section 11 says “in.”]

R. P. Cole

__________________________

 

Document Three [Suggested amendment, later adopted.]

 

[Note handwritten on the back of a sheet of House of Representatives stationery, which identified it as “Amendt to H. B. 523 – Adopted.”]

 

Sect 2: Be it further enacted. That a right of action is hereby given to any keeper of any Hotel, Inn, Theatre or other public house common carrier or restaurant – against any person guilty of turbulent or riotous conduct, within or about the same and any person found guilty of so doing may be indicted and fined not less than five hundred dollars and the offender shall be liable to a forfeiture of five hundred dollars – and the owner or person so offended against may sue in his own name, for the Sum—

___________________________

 

 

Document Four [Message from Judiciary Committee]

The Judiciary Committee to whom was referred House bill No. 527 relative to rights, liabilities & privileges of Hotel Keepers, & Common carriers, & proprietors of places of public amusement – report that they have had the same under consideration – and fully approve of the principles embodied therein – but think object intended to be attained by the author can be reached by striking all after the enacting clause of said Bill to Section 10 thereof — & making section ten read as set forth in the section attached to this report.

___________________________

 

Document Five [Suggested amendment from Judiciary Committee, later adopted.]

 

Offered as Amendment, or rather indices of section ten—

Be it enacted

That the rule of the common law giving a right of Action to any person, who is without case excluded from any hotel or public means of transportation or place of amusement, is hereby abrogated, and hereafter no Keeper of any Hotel, or public House, or carrier of passengers for hire or conductor driver or employee of such Carrier, or Keeper of any place of employment, or employee of such Keeper shall be bound, or under any obligation to entertain carry or admit any person, whom he shall for any reason whatever choose not to entertain carry or admit to his House, Hotel, carriage or means of Transportation or place of amusement not shall any right exist in favor of any such person so without cause refused admission, but the right of such Keepers of Hotels & public Houses Carriers of passengers & Keepers of places of Amusement & other Employes to control the access and admittance of exclusion of persons to or from their public houses, means of transportation & places of amusement shall be as perfect and complete as that of any private person over his private house carriage or private theatricals or places of amusement for his family—

 

 

 

 

 

 

 

 

 

 

[Documents transcribed September 2005 by Kathy Lauder from original manuscript copies in the Tennessee State Library and Archives.]


HB 32 – GA 42, 1881 (Cassels—Fees of District Attorneys)

 

[On cover]

HB No 32

 

An act to repeal an act entitled “an act to amend section 4542 of the Code

relative to fees allowed District Attorneys.

passed March 12th, 1879

and approved March 14th, 1879

______________________

Refer to Judiciary Comm.

Introduced Jany 11, 1881 P 1 R

P 2 R Mar 12

 

Rec. for rejection by comm

Poston

______________________

Recommitted Jan 25 1881

Rec for passage by comm

Poston

 

Cassels

195

 

[Text]

An act to repeal an act entitled “an act to amend Section 4542 of the code relative to fees allowed District Attorneys.”

 

Section 1st Be it enacted by the General Assembly of the State of Tennessee, that an act passed March 12th 1879 and approved March 14th 1879 entitled “an act to amend section 4542 of the code relative to fees allowed District Attorneys,” be and the same is hereby repealed.

 

Section 2nd Be it further enacted, That this act take effect from and after its passage, the public welfare requiring it.


HB 33 – GA 42, 1881 (Norris—Contracts/labor)

 

[On cover]

HBNo33.

An Act to repeal an act passed March 22nd 1875 and approved March 23rd 1875 entitled an act to regulate contracts between employer and employe and to impose a penalty for the violation thereof.

_______________

 

Refer to Judiciary

Introduced Jany 11 1881. Passed 1st Reading and referred to the Judiciary Committee.

_______________

 

Rec- for passage by majority of Comm.

Poston

P. 2d R Feb 22. 81—

P.3d R Feb 25. 81

_______________

 

Engrossed Feb 25th 1881

M. Grizzard, En. Clk.

_______________

 

Norris

 

[Text]

An act to repeal, and act [sic], passed March 22nd 1875 and approved March 23rd 1875, entitled, “an act to regulate contracts between Employer and Employe and to impose a penalty for the violation thereof.

 

Section 1st Be it enacted by the general Assembly of the State of Tennessee, that an act passed March 22nd 1875 and approved March 23rd 1875 entitled “an act to regulate contracts between Employer and Employe, and to impose a penalty for the violation thereof, be and the same is hereby repealed.

 

Section 2nd Be it further enacted that his act take effect from and after its passage, the public welfare requiring it.

 


HB 70 – GA 42, 1881 (Sykes—Repeals Chapter 130, 1875)

 

[On cover]

HB No 69 70

Rcd Jny 17

_______________

 

An act to repeal an act entitled “an act to define the rights, duties and liabilities of in-keepers [sic], common-carriers, and proprietors of places of public amusements” passed 23 March 1875

_______________

 

Introduced Jany 12. 1881 – Passed 1st Reading and referred to the Judiciary Committee.

P. 2d R. Feby 22. 81

Rejected Mar 10

Rec for passage by committee.

Poston. [William Fletcher Poston, a Republican representing Haywood County, was a lawyer and served as U.S. District-attorney for the Western district of Tennessee and temporary speaker of the Tennessee House of Representatives; a member of Governor Robert L. Taylor’s staff, he was a delegate to three national conventions.]

Refer to Judiciary Committee

Rej on 3d R Mar. 10th

Failed March 30th 1881

 

T.H. Sykes

 

[Text]

An Act to repeal an Act entitled “an act to define the rights, duties, and liabilities of Inn-keepers, common carriers, and proprietors of places of public amusements” passed March 23 1875.

 

Section 1, Be it enacted by the General Assembly of the State of Tennessee that An Act entitled “An Act to define the rights, duties and liabilities of inn-keepers, common carriers, and proprietors of places of public amusements, named on the 23 March 1875, and approved 24 March 1875, be and the same hereby is repealed.

 

Section 2 – Be it further enacted that this act take effect upon and after its passage the public welfare requiring it.


HB 73 – GA 42, 1881 (Cassels—Miscegenation)

 

[On cover]

HB No 73

Rcd Jany 17

_______________

 

An Act to repeal Sections one & two of chapter 39 of an act passed June 27/1870 being sections 2437 a & 2437b of Thompson & Stegers revised code of Tennessee, and to prohibit the unlawful carnal intercourse of white persons with negroes, mulatoes [sic] and person of mixed blood descended from the negro race, and to prescribe the punishment for violation thereof.

_______________

 

Refer to Judiciary Committee

Introduced Jany 12. 1881. Passed 1st reading and referred to Judiciary Com.

 

Rec. for passage by a majority of Comm.

Poston. [William Fletcher Poston, a Republican representing Haywood County,

was a lawyer and served as U.S. District-attorney for the Western district of Tennessee and temporary speaker of the Tennessee House of Representatives; a member of Governor Robert L. Taylor’s staff, he was a delegate to three national conventions.]

 

_______________

 

P 2d R Mar 12th

Rejected Mar 24.

 

[Text]

An act to repeal an act passed June 27, 1870, the same being sections 2437a and 2437b, of Thompson and Steger’s code of Tennessee, And to prohibit the unlawful carnal intercourse of white persons with negroes, mulatoes and persons of mixed blood descended from the negro race, And to prescribe the punishment for the violation of the same.

 

Section 1st Be it enacted by the General Assembly of the State of Tennessee, that, Sections one and two of Chapter 39 of an act passed June 27th 1870, the same being Sections 2437a and 2437b, of Thompson & Steger’s Revised code of Tennessee, be and the same is hereby repealed.

 

Section 2nd Be it further enacted, that the unlawful carnal intercourse of white persons with negroes, mulatoes and or persons of mixed blood descended from the negro race in this state is hereby prohibited.

 

Section 3rd Be it further enacted that the persons knowingly violating the provisions of the 2nd Section of this act shall be deemed guilty of a misdemeanor and upon conviction thereof, before any court of competent Jurisdiction Shall pay a fine in any sum not to exceed fifty dollars, or undergo confinement in the county Jail not for any period not to exceed three months, or both in the discretion of the court trying the case.

 

Section 4 Be it further enacted that his act take effect from and after its passage the public welfare requiring it.

 

_______________

 

[Notes from Judiciary Committee, written on scraps of paper, folded inside the bill]

 

Provided it shall not be competent for either party to the act of fornication, to testify for or against the other party, to establish the guilt.

 

Strike out all between the enacting clauses & last section to insert—

“That adultery and fornication be, And the same are hereby declared to be misdemeanors and subject to indictment or presentment. And Any person found guilty of such offense shall be fined in any Sum not less than five nor more than fifty dollars.”

 

Amend by striking out the repealing clause repealing section 2437a and that the caption be so amended, as to conform to the amendment.

Adopted.

 

Amend the amendment by adding after the figures “2437a” the following “2437b.”

Adopted.

 

 

 


HB 74 – GA 42, 1881 (Cassels – Shelby County taxes)

 

[On cover]

HB No 74

 

An act to Levy the taxes for the use of the

Taxing District of Shelby County, State of Tennessee

for the years, 1881 & 1882.

 

Introduced Jan 12, 1881. Passed 1st Reading and

Referred to committee on incorporations.

 

Feby. 22. 81. Laid on table on 2nd R

Rec. for rejection.

Jan. 14. 81

 

Cassels

[Text]

An act to Levy the taxes for the use of the Taxing district of Shelby County State of Tennessee for the years 1881 and 1882.

 

Section 1st Be it enacted by the General Assembly of the State of Tennessee that an annual tax is hereby levied on all of the taxable property including merchants capital and all others who are assessed for advalorum taxes on capital invested, Bank stock and all other stocks subject to taxation within the territorial limits of the Taxing District of Shelby County, State of Tennessee, as follows towit:

25 cents on the one hundred dollars to defray the expenses of the police departments.

25 cents on the $100. to defray the expenses of the fire department.

20 cents on the $100. to defray the expenses of the public schools and maintenance of the same.

20 cents on the $100. for the purpose of purchasing real property and the erection thereon of school buildings by the Board of Education of the Memphis City Schools.

8 cents on the one hundred dollars for the Hospital Services of said District, and 80 cents on the $100. for paving and repairing streets, building and repairing bridges, and market houses and for the construction and repair of sewers and drains and for sanitary purposes in said dis- District.

 

Section 2nd Be it further enacted, that all laws now in force, or that may hereafter be passed for the collection of of other State taxes shall be and are in force as to the collection of these taxes. And that section 2 of an act commonly known called the

the [sic] Sewer Act, passed on the 23rd day of December 1879 at the extraordinary session of the forty first General Assembly of the state of Tennessee, be and is also in force as to these taxes in all respects so far as the same is applicable.

 

Section 3rd Be it further enacted, that this act take effect from and after its passage the public welfare requiring it.

 


HB 135 – GA 42, 1881 (Sykes—Commission to establish Penitentiary)

 

[On cover, Copy 1]

HR No 135

 

An Act to Purchase a Site and new Penetentiary [sic] Buildings

 

Int/ Jan. 17/81 – P 1st R and referred to

 

T.A. Sykes

 

P. 2nd R. Mch 16 – recom

P. 3 R Mch 23

 

Penitentiary.

 

Recd for passage on 2d reading

Smith chm

 

Recd for passage by Majority

Smith chm

 

Engrossed Mar 23d 1881

M Grizzard, E Clk

 

 

[Text, Copy 1]

An Act to provide for the appointment of Commissioners whose duty it shall be to consider the expediency and ascertain the cost of removing the penitentiary from the limits of the city of Nashville.

 

[Note attached in another hand] Amend by striking out all after the enacting clause and inserting the following: Kennedy]

 

[Note attached in another hand] An act to provide for the appointment of Commissioners to examine and report to the next session of the General Assembly the [proximate?] costs &c. of removing the present and rebuilding a Penitentiary or to make improvements on the Penitentiary. Adopted.

 

Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Governor be and he is hereby authorized and requested to appoint three commissioners, one from each grand division of the State, whose duty it shall be to consider the expediency and ascertain the cost of removing the penitentiary from the limits of the city of Nashville.

 

Section 2. Be it further enacted, That if in the opinion of said commissioners the removal of the penitentiary is advisable and expedient, it shall be their duty to select a new location and may advertise for proposals in one newspaper in each of the grand divisions of the State.

 

Section 3. Be it further enacted, That if said Commissioners should be of opinion that the removal of the penitentiary is not advisable or expedient; and that some improvements are absolutely necessary, they are hereby empowered to authorize an expenditure of not more than ten thousand dollars for this purpose, or so much thereof as may be required to make the necessary improvements; to be paid for out of the fund derived from the lease of the penitentiary.

 

[Note attached in another hand.] But said sum nor no part thereof shall be appropriated for any repairs that the Lessees are bound to make under the 5th section of the act providing for the lease of the Penitentiary. Adopted.

 

[Note attached in another hand.] Amend the amendment by making it by striking out the words: “Report to the next General Assembly,” and substitute the words: “Report to the next special or general session of the General Assembly.”

Adopted Beasleys

 

Section 4. Be it further enacted, That it shall be the duty of said commissioners to make a thorough examination of the penitentiary, ascertain the cost of enlarging the building so as to make it adequate to the demands of the State, ascertain the cost of erecting a new penitentiary building at another place to be selected by them, and make a report to the next session of the General Assembly, giving all the information that may be necessary to enable that body to legislate intelligently and properly upon this important subject.

 

Section 5. Be it further enacted, That each of said commissioners shall receive for his services the sum of three hundred dollars and his actual traveling expenses, to be paid out of the Treasury upon the warrant of the Comptroller upon the filing of an itemized account.

 

Section 6. Be it further enacted, That this act take effect from and after its passage the public welfare requiring it.

 

[The following sheets are attached to the bill at this point – they are in yet another handwriting; the paper is the same type as the bill, but more yellow.]

 

An act to Purchase a Site and to Erect a New Penetentiary and other Suitable Buildings

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

 

Whereas the Penetentiary [sic] Buildings located in the city of Nashville “15th Ward” under an Act passed in the Year 1829 no longer furnish suitable accommodations [sic] and are inadequate in extent to properly contain the number of convicts confined within its walls

Therefore

 

Sec. 1 Be it enacted by the General Assembly of the State of Tennessee that the Governor shall after the passage of this Act with the advice and approval of the Senate appoint Five (5) Persons as Commissioners a majority of whom shall be a quorum to transact all business hereafter mentioned.

 

Sec. 2 Be it further enacted that

Said Commissioners are hereby authorized and empowered to Select and Purchase a suitable Piece or Parcle [sic] of Land taking Title thereto in the name of the State not to exceed in quantity Fifty 50 acres and located not more than Two 2 Miles from the City of Nashville on which shall be erected suitable Buildings for the Confinement, Care and mental and Moral improvement of its inmates. And they shall have in view suitable drainage, Water supply, and all other matters that will have a bearing upon the Value of the property as a Penetentiary [sic].

 

[Written in the margin, next to Section 2.] Would respectfully suggest following changes: Limit quantity to 100 acres instead of 50. Entirely too close. Strike out Two (2) and insert twenty (20) miles from the city of Nashville.

 

Sec. 3 Be it further enacted

That said commissioners are hereby authorized and empowered to contract for and cause to be erected upon said land Buildings well adapted for the Safe Confinement of its inmates and for their proper employment and also in addition among the buildings shall be a Separate Hospital Building for the sick, a Chapel for Sabbath services, a School and Library and Reading Room all of which shall be properly enclosed but preliminary thereto they shall obtain by visitation or otherwise the best and most approved plans for said Buildings which plans shall be submitted to said commissioners for their approval or they may at their option advertise to recieve [sic] plans for said Buildings and they shall employ a skilled architect to supervise the erection of said Buildings.

 

Sec. 4 Be it further enacted

That the money $ derived from the lease money appropriated out of the fund set apart in of the present State Penitentiary be kept separate [sic] and apart from all other revenues of the State and that out of the same and the proceeds of the present site and buildings thereon which said commissioners are hereby authorized and empowered to dispose of, There be appropriated a sufficient amount to pay and satisfy the Contracts of said Commissioners herein authorized to be made. The same to be paid out from time to time upon the warrant of the Comptroller and to be paid alone out of the fund, aforesaid and not otherwise.

 

Sec. 5 Be it further enacted

That the sum of $____ is hereby appropriated out of the fund set apart in Section 4 to be paid to Each of said Commissioners as compensation for his services the same to be paid Quarterly upon the warrant of the Comptroller and upon proper voucher.

 

Sec. 6 Be it further enacted

That should any Commissioner herein appointed for any reason fail to serve or to Continue in office after acceptance then it shall be the duty of the Governor to appoint a suitable person to fill such vacancy. Said Commissioners before entering upon the discharge of their duties shall severally take the following oath of office before some Judge or Justice of the Peace: I do solemnly swear or affirm that I will faithfully Execute the duties of my appointment as Commissioner under the Act for the Building of a State Penitentiary and will be governed by what I conceive to be the best interests of the People of the Whole State without fear or partiality and in all things will perform the duties of my appointment agreeably to law and to the best of my skill and ability.

 

Sec. 7 Be it further enacted

That said Commissioners shall make a full report of all their official Acts to the General Assembly during the first week of Each regular session of said body.

 

Sec. 8 Be it further enacted

That nothing herein shall be taken or accepted as in any manner invalidating or infringing upon the Contract heretofore made with the lessees of the present State prison and any Act of the said Commissioners that tends to modify or impair the obligations of said contract must be done only with the full and free Consent of said Lessees.

 

[Note in margin of Section 8] refers to present Lessees.

 

Sec. 9 Be it further enacted

That said Commissioners are authorized to effect and Carry out the arrangements now proposed by the heirs of Boyd from whom the State purchased the present site and to whom the Title to Said property was to revert when the same was no longer used as a State Penitentiary whereby a Title in Fee Simple thereto is to be made by said heirs in the event of the purchase of a new site and to take Title in the name of the state to said Property.

 

[Note in margin of Section 9] regarding takeing [sic] title to present site

 

Sec. 10 Be it further enacted

That this Act take effect from and after its passage the public welfare requiring it.

 

[On cover, Copy 2]

H.B. No. 135

An Act to provide for the appointment of Commissioners to examine &

report to the next Gen’l. Assembly, the propriety, costs &c. of removing

the present, and rebuilding a Penitentiary, make improvements on

the Penitentiary.

____________________________

P. 1st R. Jan 17th 1881.

2” “ Mar. 16”

3” “ 23” __ _.

P – 1 – Mh 26

PP Mh 28 – Penn

Rej April 4

T.A. Sykes

 

 

[Text, Copy 2]

H. B. No 135.

An act to provide for the appointment of Commissioners to examine and report to the next session of the General Assembly, the costs &c. of removing the present, and rebuilding a Penitentiary.

 

Sec. 1 Be it enacted by the General Assembly of the State of Tennessee. That the Governor be, and he is here-by authorized, and requested directed to appoint three commissioners, one from each grand division of the State, whose duty it shall be to consider the expediency, and ascertain the costs of removing the Penitentiary from the limits of the City of Nashville.

 

Sec. 2 Be it further enacted. That if in the opinion of said Commissioners. the removal of the Penitentiary is advisable and expedient it shall be their duty to select a new Location. and may advertise for proposals in one newspaper in each of the Grand Division of the State.

 

Sec. 3 Be it further enacted, That if said Commissioners, should be of opinion that the removal of the Penitentiary is not advisable or expedient, and that some improvements are absolutely necessary. they are here-by empowered to authorize an expenditure of not more than ten thousand dollars for this purpose, or so much thereof as may be required to make the necessary [sic] improvements, to be paid for out of the fund derived from the lease of the Penitentiary, but said sum, nor no part thereof, shall be appropriated. for any repairs that the Lessees are bound to make under the 5th section of the act providing for the lease of the Penitentiary..

 

Sec. 4 Be it further enacted. That it shall be the duty of said Commissioners (to make a thorough examination of the Penitentiary, ascertain the costs of enlarging the building, so as to make it adequate to the demands of the State,) ^to ascertain the costs of meeting a new Penitentiary building at another place, to be selected by them, ^and also what the present buildings and grounds and property of every kind belonging to the State can be sold for, and make a report to the next session of the General Assembly, giving all the information that may be necessary [sic] to enable that body to Legislate intelligently and properly, upon this important subject.

 

Sec. 5 Be it further enacted, That each of said Commissioners, shall receive [sic] for his services, the sum of three hundred dollars, and his actual traveling expenses, to be paid out of the Treasury. upon the Warrant of the Comptroller. upon the filing of an itemized account.

 

Sec. 6 Be it further enacted. That this act take effect from and after its passage, the public welfare requiring it.

 


HB 137 – GA 42, 1881 (Cassels—Supt. of Public Roads & Bridges)

 

[On cover]

HB No 137

An act to regulate amend the Public Road Laws of the State,

and to create the Office of County Superintendent of Public

Roads and bridges in the various several counties in the state +c.

Int. Jan 17. 81. Pas 1st R and referred to

Refer to Judiciary Commit.

on Public Roads

 

Recommended to lay on the table

 

Cassels

 

[Text]

A Bill to be entitled

 

An act to better regulate amend the Public Road system Laws in the several counties of the State, To create the office of superintendent of Public Roads and bridges in the several counties, to define his duties, to provide for his election, qualification and compensation, and to authorize the quarterly courts of the various several counties of this State to work the county convicts to be worked on the public Roads and bridges of the several counties, under the supervision of the Superintendent of Public Roads and bridges, of Public Roads & Bridges.

 

Sec. 1st Be it enacted by the General Assembly of the State of Tennessee, That the public Roads of this state the several counties in this State Shall be designated described and worked as herinafter [sic] provided.

 

Sec. 2 The Quarterly courts, of the several counties in this State, shall, at the April term thereof, 1881, and thereafter at the January term of each year, elect a competent man, who is a citizen of the county for which he may be elected, who shall be over the age of twenty five years, and who shall hold his office for the term of one year, or untill [sic] his successor is elected and qualified, to be styled “County Superintendent of Public Roads and Bridges, Provided that the superintendent to be elected at the April term, as herinbefore provided, under the provisions of this act, shall hold his office till the January Term 1882.

 

Sec. 3rd Be it further enacted, that the Superintendents of Public Roads and Bridges, before entering upon the duties of his office Shall execute a bond with two or more sufficient Surities [sic], to be approved by the Chairman of the County Court, in the penal sum of two thousand dollars, and payable to the county, conditioned that he will well and faithfully perform the duties of his office according to law and account to and turn over to the county court, at the expiration of his term of office all monies and other property belonging to the county by virtue of the provisions of this act.

 

Sec. 4 Be it further enacted that the superintendents elected and qualified under the provisions of this act shall devote the whole of his time to the duties of his office and recieve [sic] for his services such compensation as shall be fixed by the quarterly court, not to exceed one hundred dollars per month, payable monthly out of the county treasury.

 

Sec. 5 Be it further enacted, that the Superintendent of Public Roads and Bridges have the supervision of the various Overseers of public Roads in the several counties of this state; Shall see that the several Overseers, perform the duties of their office according to law, shall see that all the public Roads and bridges of his county are put and kept in good condition and repair; and shall cause to be prosecuted, under the Law now in force all overseers, who shall fail wilfully [sic] fail neglect and refuse to perform the duties of Overseer of Public Roads as now defined by law.

 

Sec. 6 Be it further enacted, that the Superintendent first elected and qualified under the provissions [sic] of this act, shall as soon as practical after his election and qualification, designate describe or case to be designated described public Road of his county, by name, giving to each public Road of his county, the name by which it is commonly and generally known, to those roads not known by any name, he shall give such names as he may deem must just; Shall make or cause to be made a discription [sic] of each Public Road of his County, giving its length, width, class, its direction and the points from which and to which it runs; he shall also divide or cause to be divided each of the public Roads of his county into sections, of not to exceed six miles each, which sections he of each Roads shall be numbered 1, 2, 3, +c. And such description when fully compleated [sic] , shall be filed by the superintendent with the clerk of the County Court, who shall record the same in his office. The object of this act being that the county court and Superintendent of Public Roads and Bridges may be informed as to the carious roads, sections thereof, and overseers of of sections of roads in their county.

 

Sec. 7 Be it further enacted, that at the January term 1992 and at the January term of the Quarterly Court for each year therafter [sic] The Superintendent of Public Roads and Bridges shall of the several counties in the state, shall report in writing to the court, the condition of all the roads viz of each road and each section thereof, the condition of each Public Bridge in his county, what Roads or Bridges have been repaired during his term [of] office, How repaired, and the amount of expenditures of such repairs and how expended, and shall report to the court the name [of] a suitable man on each section of all the every public Road of his county, which person shall may be appointed by the court as overseer of for the ensuing year, according to Law now in force.

 

Sec. 8 Be it further enacted, that should it become necessary to build any new bridge across any water course, on any Public Road in any county in the State, or to repair any bridge, it shall be the duty of the Superintendent and Justices of the district in which the bridge is situate. to cause the same to be builded or repaired and upon the Joint cirtificate [sic] of the Superintendent that the bridge has been built or repaired and that the cost of the same is Just and reasonable, the County Court shall order the same paid out of the county Treasury.

 

Sec. 9 Be it further enacted, that whenever it becomes necessary to build any new bridge across any water course on any of the public Roads of any of the several counties of the state, the superintendant [sic] shall draw plans and specifications therefor – and the work thereon shall be done under his supervision.

Sec. 10 Be it further enacted, that upon the requisition of the superintendent, the county court shall furnish to him such tools and other impliments [sic] as may be necessary to properly work the roads and build and repair bridges in his county, and he shall have full control and charge of and be responsible to the county court for the same.

 

Sec. 11 Be it further enacted, that should any public road in his county, or any section thereof, at any time, be and become broken and out of repair, the Superintendent shall order the Overseer thereof, in writing to put the same in repair, as by law he is bound to do, and should such overseer wilfully fail, neglect and refuse so to comply with such written order, then and in that event it shall be the duty of the superintendent to proceed against such offending overseer as provided in Section 4 of this act.

 

Sec. 12 [Note: Sections 12 and 13 are X-ed out.] Be it further enacted that all the Public Roads of the several counties in this State shall be worked under the supervision and according to the directions and plans of the County Superintendent of Public Roads and bridges thereof.

Be it further enacted that the overseers of the various sections of the several Public Roads in the county, whenever he deems it necessary or has received notice in proper repair from the county Superintendent to put his road in proper repair, shall proceed to work the ro his road under existing laws.

 

Sec. 13 [crossed out] Be it further enacted, that when necessary, the overseer, or Superintendent shall notify any person on any road or section thereof to bring with him a team and plow or team and cart to work on any section of any road in his county, and on compliance of such person with such notice, upon the Joint certificate of the overseer and superintendent it such person shall be entitled to and recieve [sic] one dollar for each day such team may have worked to be paid out of the county Treasury.

 

Sec. 13 Be it further enacted, that all persons confined in work-house and compelled to work upon the public Roads, streets, alleys and building bridges under the provisions of Section 5 of an act passed march 22, 1875 and approved March 23rd, 1875, entitled an act to work out the costs of convictions, shall be under the control and supervision of the Superintendent of Public Roads and bridges, who shall be have all the powers and shall be responsible in like manner as the Superintendent of the work-house under the provision of that act.

 

Sec. 14 Be it further enacted, that all acts and part of acts in conflict with this act, be and the same are hereby repealed. be it further enacte

 

Sec. 15 Be it further enacted, that this act take effect from and after its passage the public welfare requiring it.

 


HB 166 – GA 42, 1881 (Norris—Pays Memphis’ debts to Military)

 

[On cover]

H.B. No. 166

 

A Bill to be entitled,

“An Act to pay Military Police force for

services, during Yellow Fever epidemic

in Memphis.

Int. Jan 22./81 P 1st R and

Refer Co. on Claims

P. 2nd R Feby 23.

 

P. 2nd R Feby 23.

 

recommended to be amended by substituting $100. for $150 to Cameron,

and so amended. it was adopted

Norris

 

[Elsewhere on cover]

Submitted to Sub. Com of Driver and Higgins

[John Maclin Driver, 1833-1892, was a Democrat who represented Humphreys and Benton Counties in the41st and 42nd General Assemblies, 1879-1883; George W. Higgins, 1831-1897, was a Democrat representing Lincoln County. Both men had served in the Confederate Army: Driver, a surgeon, was taken prisoner; Higgins, appointed captain the day of his enlistment, was active in veterans’ groups for many years.]

 

[Text]

A Bill to be entitled “An Act to pay Military Police force for services during Yellow Fever epidemic in Memphis.

 

Whereas the Governor of Tennessee in July 1879, during the Yellow Fever epidemic in the Taxing District of Memphis, called into service two Military Companies, commanded by Capt. J.E. Glass and Capt. R. T. Brown respectfullyively and the whole force placed under the command of Col. J. F. Cameron, who was commissioned by the Governor July 19, 1879 for that purpose.

 

And whereas the muster rolls of said Companies are now on file in the Adjutant General’s Office.

 

Therefore

 

Section 1. Be it enacted by the General Assembly of the State of Tennessee that the Comptroller be and he is hereby directed to issue his Warrant to Col. John F. Cameron for his pay from July 27th to Sept. 30th 1879 at the rate of One hundred and fifty Dollars per month; to the Captains of said Companies at the rate of Seventy Five Dollars per month; to the 1st Lieutenants at the rate of Fifty Dollars per month; Second Lieutenants Forty, and third Lieutenants Thirty Dollars per month; Sargeants [sic] $15.00 Corporals $12.00 and the privates at the rate of $10.00 per month in full pay for their services, and according to said Muster roll.

 

Section 2. Be it further enacted that this Act take effect from and after its passage, the public welfare requiring it.

 


HB 194 – GA 42, 1881 (Boyd—Provides security for cost of lawsuits)

 

[On cover]

HB No 194

 

An Act to Amend Section 3192 of the Code.

Int. Jan. 26/81 and referred to

_____________

refer to Judiciary Com/

Laid on the table Feby 23

 

Rec to be laid on table

Poston

 

Boyd of Tipton

 

[Text]

An act to amend section 3192 of the Code of Tennessee, limiting the bringing of suits without giving security for costs.

 

Section 1 Be it enacted by the General Assembly of the State of Tennessee. That Section 3192 of the Code be amended by inserting before the words “any person” the following: “and suits for divorce in which the husband is complainant.”

 

Section 2 Be it further enacted That this Act take effect from and after its passage, the public welfare requiring it.


HB 224 – GA 42, 1881 (Cassels—Amends criminal code)

 

This bill is missing from the TSLA collection.
HB 276 – GA 42, 1881 (Norris, 1881 – UT admissions)

 

[On cover]

HB No 276

An act instructing the Trustees of the Tennessee University to make arrangements for persons of color who may be entitled to admission

_______________

 

Int. Feby 15. 81

P 1st R and referred to

Judiciary

P 2d R Feb 23 & referred to the Com on Ed&CS

_______________

 

Rec to be referred to the Committee on Education & Common Schools.

Poston. [William Fletcher Poston, a Republican representing Haywood County, was a lawyer and served as U.S. District-attorney for the Western district of Tennessee and temporary speaker of the Tennessee House of Representatives; a member of Governor Robert L. Taylor’s staff, he was a delegate to three national conventions.]

 

_______________

Recommended to be laid upon the table Mch 28/81

LuB Eaton, Chairman [Lucien Bonaparte Eaton, a Republican representing

Fayette and Shelby Counties, was born in New Hampshire in 1837; he served in the Union Army; a wealthy planter, he was a lawyer and the editor of the Memphis Daily Post.]

_______________

 

I. F. Norris

 

 

[Text]

1. Whereas an act accepting on the part of the State of Tennessee a grant of of [sic] lands made, by the United States to the several States and Territories, Which may provid [sic] Colleges for the benefit of agriculture and the machanic arts.

 

2. and Whereas the State of Tennessee did accept the land grant donated by the united States to the Several States, and Territories approved July 5th, 1862 entitled an act donating public lands to the Several States and Territories for the benefit of agriculture and the machanic arts.

 

3. and Whereas agriculture and the machanic arts are much needed among all classes of our Citizens of in the great State of Tennessee and whereas the above named grant of land on script land script having been recieved [sic] and invested in 6 per cent Interest bearing Bonds of this State, the Interest of which is to defray the expenses of the agriculture and machanic arts of the Tennessee University in the State of Tennessee.

 

4. Whereas Sec 306.0 of the statutes of Tennessee says that Three Students from each County in the State of Tennessee, Shall at all times be entitled to receive free tuition in said College; said students to be nominated by the Several Representatives to the Legislature from each County in the State, and preference being given; first to the children of deceased federal soldiers; sceond second to children of those who lost their lives on account of their loyalty; and Third, to those who excel in public schools; it being understood, that in all Cases, prior claims shall be given to those whoes [sic] circumstances especially requir [sic] it.

 

5. And Whereas Sec 306.v of the Statutes of Tennessee, says no citizen of this State, otherwise Qualified, shall be excluded from the privileges of said university, by reason of his race or color, provided that it slal shall be the duty of the trustees of said university, to make such provisions as may be necessary for the separate accommodation or instruction of any persons of color who may be entitled to admission.

 

and Whereas Section 12th of art. 11th of the Constitution of Tennessee line 22ent provides that no School established or aided under This section shall allow White and Negro children to be received as Scholars together in the same School.

 

[Written in same hand, different ink]

 

Sect. 1 Therefore, be it enacted by the general assembly of the State of Tennessee. That the Trustees of the Tennessee university at the City of Knoxville, are hereby requested to make arrangements for a separate School for persons of color at the earliest practicable moment.

 

Sect. 2 Be it further enacted that all laws or parts of laws now in use contrary to this act be and the same is hereby repealed and that this act shall take effect from and after its passage the public welfare requiring it.

 


HB 289 – GA 42, 1881 (Sykes, 1881 – Schools for the Blind & Deaf)

 

[On cover]

HB No 289

An Act to admit colored students into the school for the Blind at Nashville and the

School for the Deaf and Dumb at Knoxville in separate accommodations to be provided for them—

_______________

 

Int Feby 16.81

P 1st R & referred to Com on Ed & CS

_______________

 

Judiciary Committee

Rec—to be referred to Committee on Education & Common Schools.

Poston. [William Fletcher Poston, a Republican representing Haywood County, was a lawyer and served as U.S. District-attorney for the Western district of Tennessee and temporary speaker of the Tennessee House of Representatives; a member of Governor Robert L. Taylor’s staff, he was a delegate to three national conventions.]

Recommended for passage.

LuB Eaton, Chairman [Lucien Bonaparte Eaton, a Republican representing

Fayette and Shelby Counties, was born in New Hampshire in 1837; he served in the Union Army; a wealthy planter, he was a lawyer and the editor of the Memphis Daily Post.]

_______________

 

P 3rd R Mch 20-1881

Engrossed Mar. 30th, 1881.

L. Buchanan, As’t Eng. Clk.

 

Sykes of Davidson

_______________

 

The chairman is authorized to report this bill & recommend its passage.

J. M. Coulter [James M. Coulter, party affiliation unknown, Gibson County]

W. C. Houston [William Cannon Houston, D, Cannon & Coffee counties]

J. W. Baker [John Wales Baker, R, Davidson County]

T. F. Cassels [Thomas Frank Cassels, R, Shelby County]

J. C. McAndrew [Joseph C. McAndrews, R, Jefferson County]

James Trimble [James S. Trimble, R, Davidson County]

W. R. Jones [William R. Jones, D, Rutherford County]

J. A. Manson [James A. Manson, D, Hardeman County]

G. H. Hash [George H. Hash, D, Warren County]

 

 

[TextNote: The sections between asterisks ** have been crossed out.]

An Act to admit colored students into the school for the Blind at Nashville and the school for the Deaf and Dumb at Knoxville in separate accommodations to be prepared for them.

 

** Whereas there is now established at Nashville a school for the Blind, and at Knoxville a school for the Deaf and Dumb persons of the State, and said schools are carried on at the public expense of the State, but students of the white race only are under the present laws of the State entitled to admission in said schools since there are no separate accommodations for students of the colored race, and

 

Whereas the colored race constitutes about one fourth of the entire population of the State, and it is most proper and correct that the State should provide suitable schools for the blind and deaf persons of the colored race, therefore**

 

Section 1 Be it enacted by the General Assembly of the State of Tennessee that the sum of three thousand twenty five hundred dollars is hereby appropriated for the purpose of establishing proper and suitable separate accommodations for and for the support of colored students to be admitted into the School for the Blind at Nashville, and the sum of three thousand dollars is hereby appropriated for establishing proper and suitable separate accommodations for and for the support of colored students to be admitted into the School for the Deaf and Dumb at Knoxville.

 

Section 2 Be it further enacted that, the Comptroller of the State shall draw his warrants on the Treasurer of the State, to be paid in for said respective sums payable to the order of the president of the Boards of Trustees of either said Schools, such warrants to be paid by the Treasurer out of any funds in his hands not other-wise appropriated.

 

**Section 3— Be it further enacted that said trustees shall use the the [sic] herein directed to be paid to them in erecting, on the grounds now on which said schools are established or in purchasing other grounds if them it is not practicable to build on the present grounds, suitable and proper accommodations for such colored students as may be admitted under the terms prescribed in this act, provided said accommodations shall be in all respects similar and equal to the accommodations now provided for white students.**

 

Section 4 3 Be it further enacted that the terms of admission for said colored students unto such separate accommodations shall be the same as now prescribed for white students.

 

**Section 5— Be it further enacted that the sum of _____ dollars is hereby appropriated for the maintenance of such separate accommodations for colored students admitted into said schools for the nex [sic] 2 ensuing years – being the sum of _____ dollars for each.**

 

Section 4 Be it further enacted that this act shall take effect from and after its passage the public welfare requiring it.


HB 308 – GA 42, 1881 (Norris—Permits selling cotton by the bale)

 

[On cover]

House Bill No. 308

A Bill to protect Farmers in their

Productions.

Intr Feby 17-81. P 1st R and

Refered [sic] to Agriculture &

Manufacture

Recommended to be laid on the Table

P 2d R Mar 12th

 

Norris

 

[Text]

An Act to protect farmers in their productions.

 

Sec. 1 Be it enacted by the General Assembly of the State of Tennessee

That hereafter

it shall be unlawful for any corporation or municipal authorities to prevent any

person or persons from selling cotton by the Bale or in any other way they may chose [sic] to whomsoever they please, not otherwise encumbered.

 

Sec. 2d Be it further enacted. That if any corporation company person or pesons [sic] shall violate the provisions of this act they shall be liable to the injured Party for damages which may be recovered in any court having jurisdiction, said damages to be fixed by the court.

 

Sec 3d Be it further enacted. that this act take effect from and after its passage the public welfare requiring it

 


HB 312 – GA 42, 1881 (Cassels – Repeals law in re selling cotton)

 

[On cover]

House Bill No. 312

A Bill to be Entitled an act to repeal Chapter 131 of an act passed March 19-1879-

_______________

 

Int Feby 17-1881. P 1st R and referred to the

refer to Judiciary Com.

Rec for passage

Poston. [William Fletcher Poston, a Republican representing Haywood County, was a lawyer and served as U.S. District-attorney for the Western district of Tennessee and temporary speaker of the Tennessee House of Representatives; a member of Governor Robert L. Taylor’s staff, he was a delegate to three national conventions.]

P 2d R March 28

 

Cassels

 

[Text]

A Bill to be entitled an act to repeal an act entitled Chapter 131 of an act passed March 19, 1879 entitled an act to punish any person who buys or raises cotton, tobacco or other produce merchandise, on property, and procures an advance thereupon, and fails to deliver it, or otherwise disposes of it, and to define the Jurisdiction of the courts in such cases.

 

Sec. 1 Be it enacted by the General Assembly of the State of Tennessee that Chapter 131 of an act passed March 19th 1879, entitled an act to punish any person who buys or raises cotton, tobacco, or other produce merchandise, or property, and procures an advance thereupon, and fails to deliver it, or otherwise disposes of it, and to define the Jurisdiction of the courts in such cases, be and the same is hereby repealed.

 

Sec. 2 Be is further enacted that this act take effect from and after its passage the public welfare requiring it.

 


HB 326 – GA 42, 1881 (Sykes—Admits blacks to U.T.)

 

[On cover]

H.B. No 326

 

An act requiring the Trustees of the University of East Tennessee

to comply with the terms of an act of the General Assembly

of the State of Tennessee granting to said university

the proceeds of the sale of certain land script granted

to the State by Congress.

 

Int. Feby 7. 1881 P 1st R and referred to

Refer to Judiciary Com Committee on

Education and Common Schools

Recomended [sic] to be laid upon the table

Mch 28/81 LuB Eaton, Chmn [Lucien Bonaparte Eaton, a Republican

representing Fayette and Shelby Counties, was born in New Hampshire in 1837; he served in the Union Army; a wealthy planter, he was a lawyer and the editor of the Memphis Daily Post.]

 

Sykes of Davidson

 

Tabled Mar 29

[Text]

An Act requiring the Trustees of the University of East Tennessee to comply with the terms of an act of the General Assembly of the State of Tennessee, granting to said University the proceeds of sale of certain land scrip granted to the State by the Congress of the United States –

 

Whereas by an Act of the Congress of the United States passed July 2nd 1862, a certain amount of public land script was granted to the State of Tennessee, the proceeds of the sale of which were to be used, under certain terms and conditions prescribed in said act for the purpose of endowing Colleges for the benefit of Agriculture and the Mechanic Arts –

 

And whereas by an Act of the General Assembly of the State of Tennessee passed February 2 1868, said grant was accepted on behalf of the State of Tennessee, subject to the terms and conditions prescribed in the Act of Congress, and said script was received, sold and the proceeds of sale invested in the Bonds of the State, subject to the direction of the General Assembly – and

 

Whereas by a subsequent Act of the General Assembly said bonds, having six per cent per annum payable semi-annually, were directed to be paid over to the trustees of the said University of East Tennessee upon said trustees completing buildings for the accommodation of two hundred and seventy five students, and furnishing the same with appropriate school furniture, and suitable land not less in extent than two hundred acres, all worth at least twenty five thousand dollars, and upon their agreeing, among other things, that three students from each county in the State should be entitled to receive free tuition in said University, and upon their further agreeing that, no citizen otherwise qualified, should be excluded from the privileges of said University, by reason of his race or color, provided that it should be the duty of said trustees, to make such provisions as may be necessary for the separate accommodation and instruction of any persons of color who may be entitled to admission, and

 

Whereas said terms and conditions were complied with and agreed to by said parties, and said bonds were accordingly paid over to, and accepted by them – and

 

Whereas the colored population of the State consists of about one fourth of the entire population, and in justice one fourth of the number of free students entitled to enter said University belong to the colored race, and

 

Whereas said trustees have failed to provide suitable accommodations for colored students by said act of the General Assembly and as agreed to by them, Therefore

 

Section 1 – Be it enacted by the General Assembly of the State of Tennessee that, of the number of two hundred and seventy five students entitled to attend said University free of all charge for tuition, the number of seventy five of said scholarships are hereby reserved and declared to colored students – and such a number of colored students are entitled to enter said university under the same terms and conditions as white students.

 

Section 2 – Be it further enacted that it is the duty of said trustees to provide suitable and proper accommodations for such colored students, similar and equal in all respects to the accommodations now provided for white students – and that such accommodations shall be prepared and in proper condition to receive said colored students within one year from the passage of this act/

 

Section 4 – [sic] Be it further enacted that, unless said trustees shall comply with this act in the manner and time herein prescribed, then in such case said trustees are hereby required to surrender and deliver up to the Comptroller of the State said bonds immediately, and all interest therein shall cease –

 

Section 5 – Be it further enacted that, should said trustees refuse and fail to give up said bonds are as herein required, then in such case the Comptroller and Treasurer are hereby forbidden to pay any interest to said trustees on said bonds, and it shall be the duty of the Attorney-General for the State to institute proper legal proceedings for the recovery of said bonds from said trustees, and when recovered to pay the same over to the Comptroller, who shall hold them subject to the direction of the General Assembly.

 

Section 6 – Be it further enacted that, this act shall take effect from and after its passage the public welfare requiring it.


HB 419 – GA 42, 1881 (Cassels—Duties of coroners)

 

[On cover]

H.B. No 419

A Bill to be entitled

 

An act to amend the Laws of the State defining the duties

of the coroners of the several counties of the State and

to repeal sections 5294a and 5296 of the Code.

Int. Feby 22. 81. P 1st R and

refer to Judiciary com

P 2d R Mch 29th

 

Rec. to be tabled.

 

T.F. Cassels

By request

 

[Text]

A Bill to be entitled

An act to amend the laws of the State of Tennessee and to rep defining the duties of coroners and to repeal Sections 5294a and 5296 of Thompson and Steger’s Code.

 

Section 1 Be it enacted by the General Assembly of the State of Tennessee That hereafter It shall be the duty of the coroners of the several counties of the state of Tennessee, to record in a well bound book, kept for the purpose and properly indexed, the name and place of finding of every dead body over upon which he shall have held an inquest; the virdict [sic] of the Jury of inquest; The names of the Jurors, and the name and place of residence of each witness examined and the costs of such inquest.

 

Section 2. Be it further enacted that that Section5303 of Thompson and Steger’s Code be so amended as to read “he may also Summon as a witness any Surgeon or physician to make examination of the body, and give a professional opinion as to the cause of the death, whose fee shall not exceed ten dollars and which shall be taxed and allowed in the bill of costs.

 

Section 3rd Be it further enacted that Section 5294a and Section 5296 of Thompson and Steger’s Code of Tennessee, be and the same is hereby repealed.

 

Section 4th Be it further enacted that this act take effect from and after its passage the public welfare requiring it.


HB 455 – GA 42, 1881 (Boyd—Increases exemption from attachment)

 

[On cover, Copy 1]

House Bill No. 455

to be entitled

 

An Act to amend an act passed March 3, 1879

entitled an act to amend an act passed

March 19, 1877, entitled

an act to amend Section 2108 of the Code

to increase exemptions in hands of heads of families.

 

To Judiciary Committee

Intro. Febr 23rd pssd 1st rea & ref

P2R Mar 12th

Rec for passage

Poston

P3R March 19

Engrossed Mar. 19, 1881

M. Grizzard, Eng/ Clk.

 

J.W. Boyd of Tipton

212

 

[Text, Copy 1]

A Bill to be entitled An act to amend an act passed March 3, 1879 entitled an act to amend an act passed March 19, 1877 entitled an act to amend Section 2108 of the code to increase exemptions in the hands of heads of families.

 

Section 1st Be it enacted by the General Assembly of the State of Tennessee that an act passed march 3rd 1897, entitled an act to amend an act passed March 19, 1877, entitled an act to amend Section 2108 of the code to increase exemptions in the hands of heads of families be and the same is, so amended that, hereafter, in addition to the articles therein enumerated, there shall be further exempt from execution, seizure or attachment in the hands of heads of families, one Two hundred bushels of cotton seed.

 

Section 2nd Be it further enacted that this act take effect from and after its passage the public welfare requiring it.

 

* * * * * * * * * * * *

 

[On cover, Copy 2]

H.B. No. 455

To be entitled an Act to amend an Act passed

March 19th, 1877, entitled an Act to amend

Section 2108 of the Code to increase exemptions

in hands of heads of families

__________________________________

Int. Feb. 23rd

Passed 1st Reading & Ref. to

Judiciary Com.

P. 2 R. Mar. 12, 1881

P. 3rd R. 19, 1881

__________________________________

Senate: P—1—Mh 22

PII—Mh 25 JC

PIII—April 4

__________________________________

Enrolled April 4, 1881.

L. Buchanan, As’t Eng. Clk.

 

J. W. Boyd of Tipton Co.

 

[Text, Copy 2]

H. B. No. 455.

 

A Bill to be entitled An Act to amend an act passed March 3rd, 1879, entitled an act to amend an act passed March 19, 1877, entitled An Act to Amend Section 2108 of the Code to increase exemptions in the hands of heads of families.

 

Sec. 1st Be it Enacted by the General Assembly of the State of Tennessee, That an Act passed March 3rd 1879, entitled an Act to amend an Act passed March 19th, 1877, entitled an act to amend Section 2108 of the Code to increase exemptions in the hands of heads of families be and the same is so amended that, hereafter, in addition to the articles therein enumerated, there shall be further exempt from execution, seizure or attachment in the hands of heads of families, two hundred bushels of cotton seed.

 

Sec. 2nd Be it further Enacted that this Act take effect from and after its passage, the public welfare requiring it.
HB 457 – GA 42, 1881 (Norris—Justices of the peace)

 

[On cover]

House Bill No. 457

An Act to prohibit Justices of the peace from practicing as

Attorneys in certain cases.

Intr. Feb. 23rd Pssed 1st rea + referred

P. 2nd R March 29

 

Judiciary Comty.

Return without Recommendation

Poston

 

Norris

 

[Text]

An Act to prohibit Justices of the peace from practicing as attorneys in certain cases __

 

Section 1” Be it enacted by the General Assembly of the State of Tennessee that no Justice of the peace shall be allowed in any case to appear as attorney or Counsel in any case pending before any Justice of the peace of the County to which said Justice belongs, or before any mayor, corporation magistrate or president of any Taxing District or any other Court in said County except Courts of record. A violation of this act shall be sufficient cause for removing the offending Justice of the peace from office__

 

Section 2” Be it further enacted that this act take effect from and after its passage the public welfare requiring it__


HB 478 – GA 42, 1881 (Cassels—Compensates victims of mob violence)

 

[On cover]

House Bill No. 478

To be entitled

An act to provide compensation for injuries done to persons or property by mobs or unlawful combinations

_______________

 

Intro Feby 24 Psd 1st reading referred

Refer to Judiciary Committee

Rec to be laid on the table by comm

Poston. [William Fletcher Poston, a Republican representing Haywood County, was a lawyer and served as U.S. District-attorney for the Western district of Tennessee and temporary speaker of the Tennessee House of Representatives; a member of Governor Robert L. Taylor’s staff, he was a delegate to three national conventions.]

_______________

 

P 2d R Mar 12

T. F. Cassels

 

[Text]

A Bill to be entitled

An act to provide compensation for injuries done to persons or property by mobs or unlawful combinations.

 

Sect 1st Be it enacted by the General Assembly of the State of Tennessee that hereafter, in all cases where any individual is injured in his person or property by the unlawful act of a mob or of a combination of persons acting without authority of Law war or warrant of the Law such individual shall have a right of action against the county, city or town, Jointly or severally, where such act is done, and shall recover damages therefor from such county, city or town as is here in after provided.

 

Section 2nd Be it further enacted that the right of action herein given by section one of this act shall belong to the person injured if he or she be alive, and if he or she be dead then such right of action shall vest in his administrator or executor for the exclusive benefit and use of his widow and next of kin, and suits shall be brought and prossecited [sic] substancially [sic] in accordance with the provisions of the cord, Sections 2291 and 2292.

 

Section 3rd Be it further enacted that if the injury done by a mob or a combination of persons acting without warrant or authority of Law as contemplated in the first section of this act, result in the death of the person injured then the jury trying the case shall give such damages for such death in its discretion may be Just, and proper in the particular case; provided that in no case shall the damages for the death of a person be so caused be placed by the Jury at Less ten thousand dollars, nor more than fifty thousand dollars, and if the injury done result in the total or partial destruction of property the Jury shall give the value of such property, and such additional sum as may in its discretion be necessary to afford the person injured adequate compensation for the injury sustained. And if the person injured be not killed or do not die from the injury sustained, then the recovery to be had shall be governed by the rules of law that would apply were the suit against the persons who in fact perpetrated the injury.

 

Section 4th Be is further enacted that on the trial of the action by this act it shall be necessary for the plaintiff to prove only the fact that of the on injury by the mob or combination of persons acting without authority of Law, and the locality of the of the [sic] commission of the injury. And where the act is done partly in one county, city or town and partly in another, the plaintiff shall have a right of action and a recovery as herein provided against each. On actions for injuries to property, the plaintiff shall also prove the value of the property destroyed, or where it is not entirely destroyed, the extent of the injury to it.

 

Section 5th Be it further enacted that nothing in this act shall be be [sic] so construed as to prevent a recovery by the person injured, against the persons committing the injury, as allowed by law nor shall any recovery that may be had in the action given by this act in any way mitigate or reduce the recovery who had against in an action against such persons or any of them, and any county city or town satisfying to any extent any Judgement [sic] that may be recovered against it in any action brought under this act the provisions of this act, shall have a right of action against such and every every person constituting a part of the mob or combination doing the injury for which the recovery was had against it, and may in such action recover not only the sums paid out for or on account of the Judgement [sic], but all the sums paid out by it in the defense of the action including counsel fees.

 

Section 6th Be it further enacted that whenever any recovery is had against any county, city or town under the provisions of this act, it shall be the duty of the circuit or other court Judge rendering such Judgement [sic]to cause its clerk to transmit to the County Court, or the municipality government as the case may, of the proper county, city or town a duly certified copy of such Judgement [sic] including a copy of the declaration or other proceedings showing the ground of the suit and thereupon such county court or municipal government shall proceed at its next levy of taxes to levy a tax sufficient in amount to pay such Judgement [sic] and cause the same to be collected in money and to be paid over towards the satisfaction of the said Judgement [sic] as fast as collected. And if any county or municipal government shall fail to levy the tax and collect such tax as above required, then the circuit or other court having Jurisdiction may compel the levy and collection of the same in the manner provided in the code Sections 534 to five 537. [sic]

 

Section 7th Be it further enacted that the terms individual and persons as used in this act shall include corporations in proper cases.

Section 8th Be it further enacted that all actions against counties cities and town [sic] given by this act shall be brought within one year after the cause of action occurred and not afterward.

Section 9th Be it further enacted that where the same mob or combination injures an individual in his person on as well as his property, he may combine in one suit against a county, city or town both rights of action.

 

Section 10th Be it further enacted that in actions under this act the conduct of the person injured by the mob or combination shall not be considered by the Court or Jury for any purpose whatever and the court shall not permit any evidence to be given on the trial of such conduct.

 

Section 11th Be it further enacted that this act take effect and be in force from and after its passage the public welfare requiring it.

 


HB 510 – GA 42, 1881 (Norris—Laborers and wages)

 

[On cover]

H.B. No 510

A Bill to be entitled

 

An act to repeal Section 3rd of Chapter XV, passed January 31st 1879 entitled an act to secure the payment of the Wages of Laborers.

Int Feby 26 P 1st R and referred

_______________

 

Refer to Judiciary Comm.

P 2nd R March 29

 

Return without Recommendation

Poston. [William Fletcher Poston, a Republican representing Haywood County, was a lawyer and served as U.S. District-attorney for the Western district of Tennessee and temporary speaker of the Tennessee House of Representatives; a member of Governor Robert L. Taylor’s staff, he was a delegate to three national conventions.]

 

Norris

 

[Text]

A Bill to be entitled

An act to repeal Section 3 of chapter XV of an act passed January 31st 1879, entitled an act to secure the payment of the wages of laborers.

 

Section 1st Be it enacted by the General Assembly of the State of Tennessee, that Section 3rd of chapter XV of an act passed January 31st 1879 entitled an act to secure the payment of the wages of laborers be and the same is hereby repealed.

 

Section 2nd Be it further enacted that this act take effect from and after its passage the public welfare requiring it.

 


HB 560 – GA 42, 1881 (Sykes—Fair jury selection)

 

[On cover]

HB No 560

 

An Act to regulate the appointment of Jurors in the Circuit & Criminal Courts of Tenn and to increase the duties of tax assessors & County Court Clerks

_______________

 

Intr Mar. 10 – P 1st R and

ref to

P 2nd R March 29

 

Judiciary

 

Returned without Rec

Poston. [William Fletcher Poston, a Republican representing Haywood County, was a lawyer and served as U.S. District-attorney for the Western district of Tennessee and temporary speaker of the Tennessee House of Representatives; a member of Governor Robert L. Taylor’s staff, he was a delegate to three national conventions.]

_______________

 

T. H. Sykes

Davidson

 

[Text]

An Act to regulate the appointment of jurors for the Circuit & Criminal courts of Tenn. and to increase the duties of tax assessors and County Court clerks.

 

Be it Enacted by the General Assembly of the State of Tenn, that hereafter it shall be the duty of the tax assessors for the each civil District of in every county of the State and of every ward of all incorporated cities & towns of the State to prepare a list at least once each year of all persons in their district or ward who are qualified under the laws of Tenn to serve as jurors and shall return such list under oath to the Clerk of the County Court of the County in which this district or ward is located.

 

Sec 2 It shall be the duty of the County Court Clerk of each County to prepare a list of containing all the names returned to him by the tax assessors as provided for in the 1 sec of this act, without regard to alphebtical [sic] order. And at least 30 day [sic] before the meeting first day of each term of the circuit or Criminal Court in each county he shall furnish a copy of this list so made out to the sheriff of said County.

 

Sec 3 And it shall be the duty of the sheriff of each county 21 days before the meeting first day of each term of the Criminal or Circuit Court of his County to select from the list furnished him according to the preceding section of this act three times as many names as are required for a panel of the Jury for said term, taking as nearly as possible an equal number of names from each civil district & ward of his County – and he shall place such names so selected in a box from which they shall be drawn one name at a time by him until a sufficient number are drawn to form the regular panel for said court. The names to be drawn by a child under 10 years of age said child to be blindfolded while so drawing the names for said panel.

 

Sec 4. The sheriff shall then proceed to summon the jurors so drawn as now provided by law.

 

Sec 5. That this Act take effect from and after its passage the public welfare requiring it, and that all laws and parts of laws in conflict with this one and the same are hereby repealed.

 


HB 563 – GA 42, 1881 (Norris—Deputizing of constables)

 

[On cover, copy 1]

HB No 563

 

A Act [sic] to Amend Section 4148.a.

of the code of Tennessee

Ref Judiciary

 

Intro mar 10 – P 1st R & Ref

P 2d R March 29

Return without Recommendation

Poston

P 3d Reading

April 2nd 1881

 

Engrossed April 2d 1881

Mollie Grizzard, Eng. Clk.

 

Norris

 

[Text, copy 1]

An Act to amend Section 4148.a. of the Code of Tennessee

 

Sec 1 Be it enacted by the General Assembly of Tennessee that Section 4148.a., of the Code, be so amended as to read as follows.

A Justice may in writing specifically depute any citizen who is now, and was at the last general election a voter in the district in which the Justice deputing him was Elected, not being a party to the suit pending, to perform any particular duty devolving by law upon a Constable if no Constable is at hand and the business urgent, but no magistrate shall make such special deputation unless one of the parties to a suit pending or his or her Attorney shall make oath before the Magistrate and file the same in writing, stating that to the best of their information there is no regular officer at hand, and that the business is urgent.

 

[On cover of Senate copy of bill.]

H.B. No. 563

To amend section 4148.a of the Code of Tennessee

P 1st R, Mar 10th 1881

2” “ , “ 29”

3” “ , April 2”

 

P – April 2

PP April 4

 

Norris

[Text]

H.B. No. 563

An Act to amend Section 4148.a. of the Code of Tennessee.

 

Sec. 1 Be it enacted by the General Assembly of the State of Tennessee, That section 4148.a. of the Code, be so amended as to read, as follows. –

 

A Justice may in writing specially depute any citizen who is now, and was at the last general election, a voter in the district in which the Justice deputing him was elected, not being a party to the suit pending, to perform any particular duty, devolving by Law, upon a Constable; if no Constable is at hand, and the business urgent, but no magistrate, shall make such special deputation, unless one of the parties to a suit pending, or his or her Attorney, shall make oath before the Magistrate, and file the same in writing, stating that to the best of their information, there is no regular officer at hand, and that the business is urgent.
HB 577 – GA 42, 1881 (Norris—Court costs for misdemeanors)

 

[On cover]

H.B. No. 577.

 

An act to be entitled an act to repeal Section 15

of Chapter 83 of an act passed

March 22d 1875. entitled an act to

require persons convicted of misdemeanors to

work out the costs of conviction.

Intr. Mch 11 P 1st R and referred

 

Judiciary

Returned without recommendation

Poston

P 2nd R March 29

 

Norris

 

[Text]

 

An act to be entitled

An act to repeal section 15 of chapter LXXXIII of an act passed March 22nd 1875m entitled an act to require persons convicted of misdemeanors, to work out the costs of conviction.

 

Sec. 1st. Be it enacted by the general assembly of the State of Tennessee, that section 15 of chapter LXXXIII of an act passed March 22nd 1875 entitled an act to require persons convicted of misdemeanors, to work out the costs of conviction, be and the same is hereby repealed.

 

Section 2nd. Be it further enacted that this act take effect from and after its passage the public welfare requiring it.
HB 588 – GA 42, 1881 (Cassels—pays Memphis’ debts to employees)

 

[On cover]

HB No 588

A Bill to settle and pay of [sic] the indebtedness of the

due by the late municipal corporation of

Memphis to the police, fire, Hospital and Street

officers and employes of the said corporation

and to those who furnished goods, wares,

and merchandise to it.

______________

 

Intr Mar 12 P 1st R & Ref

Finance Ways & Means

 

Cassels by request

 

[The text of the bill is professionally printed, unlike most other contemporary bills, which were hand-written.]

 

A Bill to Settle and Pay off the Indebtedness due by the late Municipal Corporation of Memphis to the Police, Fire, Hospital and Street Force, Officers and Employes of said Corporation, and to those who furnished goods, wares and merchandise to it.

 

Section i. Be it enacted by the General Assembly of the State of Tennessee, that a tax of __ mills 3 cents on each $100 is hereby levied on all taxable property, real and person, including merchants; capital and all others who are assessed for advalorem taxes on capital invested, bank stock and all other stocks subject to taxation within the territorial limits of the Taxing District of Shelby County, Tennessee, late City of Memphis, for the year 1881, which said tax is for the specific purpose of paying the several amounts due by the late municipal corporation of Memphis, to the officers and members of the police, fire, hospital and street force at the time of its dissolution by an Act of the General Assembly of Tennessee entitles An Act to repeal the charters of certain Municipal Corporations, and to remand the territory and inhabitants thereof to the Government of the State, passed January 29th, 1879, and approved by the Governor January 31, 1879, as well as the several amounts then due by said corporation to those who had furnished it goods, wares and merchandise for the use of the several departments of the said corporation, and said tax is hereby expressly appropriated for such purposes, and for none other.

 

Sec. 2. Be it further enacted, that said tax shall be collected by the County Trustee in lawful money of the United States, as other taxes of the Taxing district, late city of Memphis, are collected, and is by him to be kept separate and apart from all other funds and is to be paid out in settlement and payment of the debts hereinbefore specified, upon the joint warrants of [word missing] the fire and police commissioners of the Taxing district of Shelby County.

Sec. 3. Be it further enacted, that the several amounts due the police, fire, hospital and street force employes, and for goods, wares and merchandise sold and delivered said late municipal corporation of Memphis, shall, for the purpose of this settlement, be taken from the ledger of said corporation and the pay rolls of said departments, and from no other sources, and the commissioners shall issue their warrants predicated on said ledger, balances and payrolls to those to whom amounts appear to be due and in the several amounts so due.

 

Sec. 4. Be it further enacted, that nothing in this Act shall be construed so as to in any wise make the Taking District of Shelby County, Tennessee, late City of Memphis, liable for any debts or obligations of the late municipal corporation of Memphis, other than those herein recognized and this only so far as is herein provided and no further or otherwise.

 

Sec. 5. Be it further enacted, that claims herein provided for shall be paid alone in the manner herein set forth and not otherwise, and the holders thereof shall be entitled to no share in the distribution of the assets of the late corporation of Memphis, and an acceptance of the benefits of this Act shall be a waiver of any right to receive in any such distribution any amount whatsoever to which they might otherwise be entitled.

 

Sec. 6. Be it further enacted, that this Act take effect from and after its passage, the public welfare requiring it.


HB 654 – GA 42, 1881 (Cassels—Repeals law in re champerty)

[Champerty: A sharing in the proceeds of a lawsuit by an outside party – for example, the

litigant’s attorney – who has promoted the litigation.]

 

[On cover]

HB #654

A Bill to be entitled An Act to repeal

Sections 1776 to 1789

of the Code, inclusive with regard to

champerty and Maintenance

Intr. Mar 23d P 1st R

P 2nd R March 29

Judiciary Committee

 

T.F. Cassels by request

 

[Text]

A Bill to be entitled

 

An Act to repeal Sections 1776 to 1789 inclusive of the Code of Tennessee, being the acts with regard to champerty and maintenance.

 

Section 1st Be it enacted by the General assembly of the State of Tennessee that sections 1776-1777-1778-1779-1780-1781-1782-1783-178401785-1786-1787-1788-1789 of Thompson and Steger’s Code of Tennessee, be and the same are hereby repealed, and that no suit now pending or hereafter instituted in any of the Courts of this state shall fail by reason of any thing in these sections.

 

Section 2nd Be it further enacted that this act take effect from and after its passage the public welfare requiring it.

 


HB 682 – GA 42, 1881 (Norris 1881 – Chapter 130, 1875)

 

[On cover]

H. B. 682

An Act to prevent discrimination by Rail Road Companies among their

passengers who are charged and pay first class fare and fixing penalty for Violation of same

_______________

Int March 30 & P. 1st R

P. 2 R March 31

 

Norris

 

 

[Text]

An Act to prevent discrimination by Rail Road Companies among Passengers who are charged and pay first class passage and fixing penalty for the violation of same.

 

Whereas. It is the practice of Rail Road Companies located and operating in the state of Tennessee to charge and collect from colored passengers traveling over their roads first class passenger fare and compell [sic] said passengers to occupy Second class cars. where smoking is allowed and no restrictions enforced to prevent vulgar or obscene language. Therefore—

 

Sect. 1. Be it Enacted by the General Assembly of the State of Tennessee That all Rail Road Companies located and operated in this State. Shall furnish separate cars or portions of car cut off by partition wall in which all colored passengers who pay first class passenger rates of fare. may have the privilege to to [sic] enter and occupy, and such apartments Shall be kept in good repair and with the same conveniences, and subject to the Same rules, governing other first class cars, preventing smoking and obscene language.

 

Sect. 2. Be it further Enacted that upon the failure of any Rail Road Company operating in this State Shall fail to have the provisions of the 2nd Section strictly enforced by their employee’s [sic]. Then such Rail Road Company Shall forfeit and pay the sum of one hundred dollars recoverable before any Court having jurisdiction thereof. One half to be paid to the person sueing [sic] and the other half to go to the Common School fund of the State.

 

Sect. 3. Be it further Enacted that this act take effect from and after its passage. the public welfare requiring it.

 


SB 342 – GA 42, 1881 (Compromise bill for HB 682)

 

[On cover]

S.B. No. 342

An act to prevent discrimination by rail road Companies among their passengers

who are charged and pay first class passage and fixing penalty for violation of same.

_______________

 

P __ Mh 26

TP Mh 28

RR

THP April 1st

Passage

Perkins [Thomas Perkins, Jr., was a Democrat representing Williamson and

Maury Counties. A Confederate veteran with a distinguished record, he held office in both Masonic and veterans organizations. He owned and operated a farm in Williamson County and served for a time as county court clerk and clerk and master of chancery court.]

 

[Text]

An Act to prevent discrimination by Rail Road Companies among passengers who are charged and pay first class passage, and fixing penalty for the violation same [sic].

 

Whereas it is the practice of Rail Road Companies located & operated in the State of Tennessee to charge and collect from colored passengers traveling over their roads – first class passenger far, And compell said passengers to occupy second class care, where smoking is allowed, And no restrictions enforced to prevent vulgar or obscene language. Therefore—

 

Sec. 1. Be it Enacted by the General Assembly of the State of Tennessee That all Rail Road Companies located and operated in this state, shall furnish seperate [sic] cars, or portions of car cut off by partition wall – in which all colored passengers, who pay first class passenger rates of fare, may have to enter the privilege to enter and occupy, And such apartments shall be kept in good repair and with the same conveniencies [sic], and subject to the same rules governing other first class cars, preventing smoking and obscene language.

 

Sec. 2. Be it further Enacted that upon the failure of any Rail Road company, operating in this State, shall fall to have the provisions of the 2nd Section of this Act strictly enforced by their employees, Then such Rail Road company shall forfeit and pay the sum of one hundred dollars, recoverable before any Court having jurisdiction thereof, one half to be paid to the person suing and the other half to go to the Common School Fund of the State.

 

Sec. 3. Be it further Enacted, that this act take effect from, and after its passage the public welfare requiring it.


HJR 18 – GA 42, 1881: (Sykes—Inauguration of governor)

 

[On cover]

House Joint Resolution No 18

T.A. Sykes

For the appointment of a Special Joint Committee of

Arrangements to conduct the ceremonies of the

inauguration of the Governor elect.

Offered Jany 11. 1881. Lies over.

Adopted Jany. 14 –

 

Engrossed Jan 14th 1881

M Grizzard E. Clk.

 

[Text]

Resolved, by the General Assembly of the State of Tennessee, that a committee of three be appointed, by the Speaker of the House, and two by the Speaker of the Senate, to conduct the inauguration ceremonies of the Governor elect.

 

 

[Note: This would have been Governor Alvin Hawkins. There are two copies of this resolution in the files.]
HJR 48 – GA 42, 1881 (Sykes—Sanitation inspection at penitentiary)

 

[On cover]

H. J. Resolution No. 48

 

T.A. Sykes

Intr. Feby. 15/81 . Lies over.

________________

Directory to the standing Committees

of Senate and House on Penitentiary

______

Laid on table Feb 16/81_

 

[Text]

Whereas a bill has been introduced in the General Assembly for the purpose of removing the present Penitentiary on account of its bad condition and whereas the Surgeon H. L. Turney has also represented the unhealthy condition of said institution be it therefore resolved

Therefore be it resolved by the General Assembly of the State of Tennessee, that the Standing Committee of the two Houses on the Penitentiary be and they are hereby instructed to examine into the sanitary condition of the Penitentiary and its condition generally, and report the same to the General Assembly at the earliest practicable moment.


HB 3 – GA 42, ES 3, 1882 (Sykes--Education/taxes)

 

[On cover]

House Bill No 3.

 

An Act to exempt Educational Institutions from Taxations. and to repeal

so much of the act of 1881 Chapter C.L.XXI as is in conflict.

Int. Apl. 6. 82 & P. 1st R

Passd 1st read Apl 6th/82

P 2nd R. Ap’l. 7. 82

Laid on the table Apl 18th/82

Education & Common Schools

Recommended by committee to be laid upon the table

April 12/82 L.B. Eaton Chr [Lucien Bonaparte Eaton, a Republican representing Fayette and Shelby Counties, was born in New Hampshire in 1837; he served in the Union Army; a wealthy planter, he was a lawyer and the editor of the Memphis Daily Post.]

 

T.A. Sykes

Tuesday 10

 

[Text]

An Act to amend Chapter C.L.X.X.I—of the Acts of 1881.

 

Being an Act for the assessment and collection of Revenue for State and County purposes.

 

Be it enacted by the General Assembly of the State of Tennessee, That all property belonging to any Educational Institution in this State shall be exempt from Taxation. And that so much of the act of 1881 Chapter C.L.XXI—as taxes all property of such institutions, in this Sate, in excess of $50.000 fifty thousand Dollars be and the same is hereby repealed.

 

Be it further enacted that this act take effect from and after its passage the public welfare requiring it.

 


HB 1 – GA 42, ES 4, 1882 (Norris—Penalizes discrimination)

 

[On cover]

House Bill No. 1.

 

An act to amend an act, entitled “a act to prevent

discrimination by railroad companies among passengers

who are charged and paying first class passage,

and fixing penalty for the violation of the same.”

________________

 

Int & P. 1st R May 5. 1882

P. 2nd R May.10.82 & referred to Judiciary.

Amended & recommended for passage.

W.F. Poston Chairman [William Fletcher Poston, a Republican representing Haywood County, was a lawyer and served as U.S. District-attorney for the Western district of Tennessee and temporary speaker of the Tennessee House of Representatives; a member of Governor Robert L. Taylor’s staff, he was a delegate to three national conventions.]

P 3rd R. May 17. 1882

Engrossed May 17th 1882

Mollie Grizzard, Eng. Clk.

Norris, of Shelby.

 

 

[Text]

Insert Committee’s amendment as amended.

 

An act to amend an act passed April 7th 1881, entitled “An act to prevent discriminations by railroad companies among passengers who are charged and paying first class passage, and fixing penalty for the violation of the same.”

 

Section 1. Be is enacted by the General Assembly of the State of Tennessee, That Section 1 of an Act passed and approved April 7th 1881, entitled “An Act to prevent discriminations by railroad companies among passengers who are charged and paying first class passage, and fixing penalty for the violation of the same” be and the same is hereby amended by striking out of said Section 1 the words “seperate or portions of cars cut of by partition walls.” Also strike out the word “colored” after all and before passengers.

 

Section 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it.

 

 

 

 

[Second sheet, folded inside bill.]

Strike out all after the enacting clause and insert the following

 

Sec 1 Be it enacted by the General Assembly of the State of Tennessee that all persons who purchase tickets and pay therefor first class passenger fares rates, shall be entitled to enter and occupy first class passenger cars, and it shall be the duty of all rail road Companies located and operated in this State to furnish such passengers accomodations [sic] equal in all respects in comfort and convenience and subject to the same rules governing other first class cars to the first class cars in the train and subject to the same rules governing other first class cars.

 

Sec 2 Be it further enacted that upon the failure of any rail road Company located or operating in this State, to have the provisions of this act strictly enforced by their Employer, such railroad Companies shall forfeit and pay the sum of 1000 300 (one thousand three hundred dollars) to be recovered before any Court having jurisdiction thereof, one half to go to the party aggrieved by such failure and the other half to the Common School fund.

 

Sec 3 Be it further enacted that the act approved on Apl 7 1881 Entitled “an act to prevent discrimination by rail road companies among persons who are charged and paying first class passenger fares and fixing penalties for the Violation of the same,” be so amended as to be in conformity with the provision of this act, and that all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

 

Sec 4 Be it further enacted that this act take effect and be in force from and after the passage hereof, the public welfare requiring it

 

[Torn strip of paper attached to bill, written on back]

Amend by striking out of one thousand. See the clause which provides that one half the penalty shall go to the party aggrieved.

 

[Torn strip of paper attached to bill, written on front]

Strike out $1000 in 2nd Sec and insert $300.00 H

Adopted

 

[Second torn strip of paper attached to bill]

Section 4—Be it further enacted That this act shall take effect three months from the day of its passage.

Adopted.

 


Minutes from Special Session re HB 1 – GA 42, ES ¾, 1882

 

1882: Legislative Session #42, Extra Session No. 3/4

 

May 5, 1882

Mr. [Norris] introduced House Bill No. 1, To amend an act entitled an act to prevent discrimination by railroad companies among passengers who are charged and pay first-class passage, and fixing penalty for the violation thereof.

 

May 10, 1882

House Bill No. 1, To amend an act entitled an act to prevent discrimination by railroad companies among passengers who are charged and pay first-class fare, and fixing penalty for violation of same.

Passed second reading and referred to the Judiciary Committee.

 

May 17, 1882

House Bill No. 1, To amend an act entitled an act to prevent discrimination by railroad companies among passengers who are charged and pay first-class fare, and fixing penalty for violation of same.

The Judiciary Committee recommended the following amendment: Strike out all after the enacting clause and insert the following:

Section 1. Be it enacted by the General Assembly of the State of Tennessee, That all persons who purchase tickets for first-class passenger rates shall be entitled to enter and occupy first-class passenger cars, and shall be the duty of all railroad passengers accommodations, equal in all respects in comfort and convenience to first-class cars in the train, and subject to the same rules governing other first-class cars.

Sec. 2. Be it further enacted that upon the failure of any railroad company located or operating in the State to have the provisions of this act strictly enforced by their employees, such railroad companies shall forfeit and pay the sum of $1,000 (one thousand dollars), to be recovered before any court having jurisdiction thereof, one-half to go to the party aggrieved by such failure, and the other half to the common school fund.

Sec. 3. Be it further enacted, That the act approved on April 7th, 1881, entitled an act to prevent discrimination by railroad companies among persons charged, and paying first-class passenger fares, and fixing penalty for the violation of the same, be so amended as to be in conformity with the provisions of this act, and that all laws and parts of laws in conflict with provisions of this act be and the same are hereby repealed.

Sec. 4. Be it further enacted, That this act take effect and be in force from and after its passage, the public welfare requiring it.

Mr. Butler moved to strike out section 4 of the amendment, which prevailed.

Mr. Martin, of Weakley, offered the following amendment to the amendment:

Sec. 4. Be it further enacted, That this act shall take effect three months from the day of its passage, which was adopted.

Mr. Haynes offered the following amendment to the amendment: Strike out “one thousand” in section 2 and insert “two hundred and fifty.”

Mr. Cassels moved to lay the amendment on the table, which prevailed.

Mr. Haynes moved to amend the amendment by striking out “one thousand” in section 2 and inserting “three hundred,” which was adopted.

Mr. Kennedy offered the following amendment to the amendment: Amend by striking out that part giving one half of the penalty to the prosecutor, and let the entire penalty go to the public school fund.

Mr. Vernon moved to lay said amendment on the table, which was lost on a call of the ayes and noes . . . [Names are listed.]

Mr. Eaton demanded the previous question on the adoption of the amendment as amended, which was seconded, and the amendment as amended was adopted.

The bill as amended passed third reading by the following vote:

Representatives voting aye: . . . 52 [Boyd, Cassels, and Norris vote aye.]

Representatives voting no: . . . 11 [Sykes votes no.]

Mr. Norris moved to reconsider the vote passing the bill. On motion of Mr. Vernon, the motion to reconsider was laid on the table.

 


HB 12 – GA 43, 1883 (McElwee--Normal School education for blacks)

 

[On cover]

House Bill No. 12

A Bill to be entitled an act to amend an act entitled an Act to provide for the

establishment and to prescribe rules for the government of a State Normal School and schools

Passed and approved March 23rd 1875

P – 1. R Jany 5.

Com on Education & Common Schools

_______________

 

Rec for rejection

P – 2. R. Jany 16

spo. Jany 23

spo Feby 13 – 11 a.m.

spo Feby 15 – 11 a.m.

 

Laid on table Feby 18

 

McElwee.

 

[Inside fold, in the same elegant script as the bill]

S. A. McAlwee [note alternative spelling]

 

[Text]

A Bill To be entitled an act to amend an act entitled “An Act to amend an act To provide for The establishment and to prescribe rules for the goverment [sic] of a State Normal School or schools passed and approved March 23rd, 1875.

 

Sec 1st. Be it enacted by The General Assembly of the State of Tennessee that The words “[$10,000] ten Thousand dollars” be struck out of Sec, 2nd of an act passed April 5th 1881 and approved April 6th, 1881, and entitled “An Act to amend an act to provide for The establishment and to prescribe rules for the goverment [sic] of a State Normal School or schools, passed and approved March 23rd 1875,” and the words [$15,000] fifteen Thousand dollars” be inserted instead thereof.

 

Sec. 2nd. Be it further enacted That the first clause of Sec., 4th of the aforesaid Act be so amended as to read “That [$5000] five thousand dollars shall be annually entrusted to the State Board of Education to be expended for the higher and normal education of the children of Tennessee of African descent,” etc.

 

Sec. 3rd. Be it further enacted That this Act take effect from and after its passage, the public welfare requiring it.


HB 34 – GA 43, 1883 (Howard—Repeals Chapter 130, 1875)

 

[On cover]

House Bill No. 34

 

Leon Howard

A Bill to be entitled an “Act to repeal Chapter

CXXX of the Acts of 1875, passed March 23rd and

approved March 24 1875, etc.

_______________

 

P—1—R Jany 5

 

Refer to Judiciary Com

Rec to gen table rejected

Head Chm [James Marshall Head, Jr., was a Democrat representing Sumner

County. A graduate of the Law Dept. of Harvard University, he practiced law in

Gallatin and Nashville and served as editor of the Nashville American, president of the board of directors of the Tennessee Industrial School, and member of the board of the Tennessee Centennial Exposition.]

_______________

 

Laid on table Feby 13

 

Howard

 

[Text]

A Bill to be entitled, An Act to repeal Chapter CXXX of the Acts of 1875 passed March 23rd and approved March 24th 1875 and entitled “An Act to define the rights, duties and liabilities of inn-keepers, common carriers, and proprietors of places of public amusements.”

 

Sec. 1st Be it enacted by the General Assembly of the State of Tennessee, That an Act passed by the General Assembly March 23rd 1875, and entitled “An Act to define the rights, duties and liabilities of inn-keepers, common carriers, and proprietors of places of public amusements,” abrogating The rule of a common law giving a right of action to any person excluded from any hotel, or public means of transportation, or place of amuse-ment” etc. in certain cases. be and the same is hereby repealed and that that part of the common law sought to be repealed is hereby reenacted.

 

Sec. 2nd Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it.


HB 129 – GA 43, 1883 (Howard-- Miscegenation)

 

[On cover]

H B No 129

An act to repeal sect, 2437a & 2437b of Thompson & Stegers code of Tennessee

and to Prohibit the carnal illicit and sexual intercourse of white persons with negroes, mulatoes or persons of mixed blood decended [sic] from the negro race.

P 1 Rdg Jany 10

Rec to be indefinitely postponed –

Head chm [James Marshall Head, Jr., was a Democrat representing Sumner

County. A graduate of the Law Dept. of Harvard University, he practiced law in

Gallatin and Nashville and served as editor of the Nashville American, president of the board of directors of the Tennessee Industrial School, and member of the board of the Tennessee Centennial Exposition.]

Indefinitely postponed

Feby 20

 

Howard

 

[Text]

An Act to repeal section 2437a and Section 2437b of Thompson & Steger’s code of Tennessee and to prohibit the carnal, illicit and sexual intercourse of white persons and with negroes, mulatoes and person of mixed blood decended [sic] from the negro race.

 

Section 1st Be it enacted by the General Assembly of the State of Tennessee That section 2437a and Section 2437b of Thompson and Steger’s code of Tennessee, be and the same is are hereby repealed.

 

Section 2nd Be it further enacted that hereafter the carnal, illicit and sexual intercourse of white persons with negroes, mulatoes and or persons of mixed blood descended from the negro race is hereby prohibited.

 

Section 2rd [sic] Be if further enacted that the persons violating the second section of this act, upon conviction thereof, shall undergo confinement in the penitentiary of the state for any period not less than one nor more than five years in the discrition [sic] of the Jury trying the case.


HB 298 – GA 43, 1883 (McElwee – To allow corporations to increase

the number of members on their boards)

 

[On cover]

H.B. No. 298

An act entitled an act to amend an act

entitles an act to provide for the organization

of corporations, passed March 19, 1875 &

approved March 23, 1875

P – 1 – R- Jan. 22

P – 2 – R- March 1

P – 3 – R- March 15.

 

P Mh 19

IP Mh 20 corp

Rej Mh 23

III Mh 23

 

Rec for passage

Enrolled, Mch 23.

 

S. A. McAlwee

 

[Text]

H. B. No. 298.

An Act to amend an “Act to provide for the organization of corporations,” passed March 19th 1875 and approved March 23d 1875.

 

Sec. 1 Be it enacted by the General Assembly of the State of Tennessee, that dub-section 3rd. of section 2nd. of an act passed March 19th 1875 and approved March 23rd. 1875, entitled an act to provide for the orgaization [sic] of corporations be and the same is hereby amended so as to read, that the Board of Directors may have the power to increase the number of Directors to fifteen or eighteen if they deem the interest of the corporation requires such increase.
HB 341 – GA 43, 1883 (McElwee—Regulates fees of sheriffs)

 

[On cover]

HB 341

 

House bill No.

An act to regulate and fix the fees of Sheriffs

and other collecting officers.

P—1—R Feby 7

Laid on the table Mch 1

Judiciary Committee

Bill to be laid on the table

Head Chm

 

S.A. McAlwee

 

[Text]

An Act to Regulate and fix the fees of sheriffs and other collecting officers.

 

Be it enacted by the general Assembly of the State, that hereafter it shall be lawful for any sheriff or other collecting officers of the State to collect his regular Commissions on all executions from any of the Courts of the State, including Magistrates Courts and other Courts of inferior jurisdiction, on the money due when the execution is issued, and goes into the hands of any Sheriff or other collecting officer from any of the Courts as above stated he, the plantiff [sic], is thereby made liable for said officers commissions, and the officer may proceed to collect the same off the defendant in the execution or sue the plantiff and receive the same from him—

 

Be it further enacted that it shall be lawful for any Sheriff or other collecting officer who executed a receipt for any note or account, or other evidence of indebtedness, receiving the same for collection, to receive from the plaintiff or creditor two dollars per hundred on all money collected by him without judgment, or collected on judgment without execution to be retained from the money collected, or if the plaintiff or creditor receives the money from his debtor after having placed the same in the hands of the officer for collection, he is thereby made liable for same, the creditor being liable in every instance for the commission where no execusion [sic] is issued.

 

Be it enacted that this act take effect from and after its passage, the public welfare requiring it.


HB 493 – GA 43, 1883 (Howard, 1883 – Asst. Superintendent)

 

[On cover]

H. B. No. 493

An act to provide for the appointment of an assistant superintendent of

public Instruction

_______________

 

P – 1 – R – Feby 15

P. 2. R. 21

Committee on Education and Common schools Ed &CS

Recommended for to lie on the table

 

Howard

 

[Text]

An act to provide for the appointment of an Assistant superintendant [sic] of public instruction.

 

Section 1 Be it enacted by the general Assembly of the state of Tennessee that the office of Assistant state superintendent of public instruction be and the Same is hereby created.

 

Sec. 2 Be it further enacted that the assistant Superintendent of public instruction shall be appointed by the Governor. Shall be a colored citizen of African descent; and shall hold his office for the Term of two years dating from time of Appointment and shall receive for his services the Sum of twelve hundred dollars per annum to be paid quarterly out of the treasury of the State.

 

Sec. 3 Be it further enacted that this act take effect from and after its passage the public welfare requiring it.


HB 526 – GA 43, 1883 (McElwee—Requires equitable jury selection)

 

[On cover]

H. B. No. 526

An Act to amend Section 4000 of the Code of Tennessee, and to affix a suitable

penalty for wilfull and unjust discrimination in the selection of Jurors for the

various Courts in this State.

_______________

P—1—R. Feby 19

P. 2. R. 21

Committee Judiciary

Rec to be laid on the table

Head chm [James Marshall Head, Jr., was a Democrat representing Sumner

County. A graduate of the Law Dept. of Harvard University, he practiced law in

Gallatin and Nashville and served as editor of the Nashville American, president of the board of directors of the Tennessee Industrial School, and member of the board of the Tennessee Centennial Exposition.]

 

S. A. McAlwee

[Text]

An Act to amend Section 4000 of the Code of Tennessee, and to affix a suitable penalty for wilful and unjust discrimination in the selection of Jurors for the various Courts in this State.

 

Whereas in many counties in this State the Statutes relative to summoning Jurors is ignored or evaded, specially in regard to the summoning of colored citizens, the Sheriffs declining and refusing to summon colored persons, this being guilty of illegal and unjust discrimination against a race, who are struggling against adverse fortune, to rise to the dignity of true citizenship, but who are ignored as citizens in Every manner except when their roles are needed. And:

 

Whereas as at present administered, the law rendering colored men competent jurors is practically a dead letter : Therefore—

 

Be it enacted by the General Assembly of the State of Tennessee.

 

Section 1. That Section 4000 of Thompson & Stegers Code, be so amended as to make a willful neglect on the part of the Sheriff of the rules established for the Selection of Jurors a misdemeanor, for which upon conviction the Sheriff so offending shall be punished by fine for the first offense, by fine of not less than one hundred dollars nor more than Five hundred dollars at the discretion of the Court or Jury trying such offender. And for the second offense, shall forfeit his office, and be disqualified from holding office in the State of Tennessee for the period of ten years thereafter.

 

Section 2. Be it further enacted, That in all cases, Sheriffs in selecting jurors shall be controlled and governed by the estimation in which the citizens from whom the selection is to be made, are held by the community in which they live; Provided that such citizens posess [sic] the necessary qualifications of Jurors.

 

Section 3. Be it further enacted that the Sheriffs shall endeavor to make their selection of Jurors fall on all compitent [sic] persons alike.

 

Section 4. Be it further enacted, That the Grand Juries of this State shall have inquisitional power to investigate violations of this act, and may make presentments for all such violations without a prosecutor, And the Judges of the Circuit & Criminal Courts shall give this act in charge to their Grand Juries at each term of their respective Courts.

 

Section 5. Be it further Enacted, That this act take effect from and after its passage, the Public welfare requiring it.


HB 556 – GA 43, 1883 (Howard—Penalizes discrimination)

 

[On cover]

H. B. No. 556

An act to repeal so much of an act Entitled “An Act to define the Rights, duties

and liability of Inn-Keepers, common Carriers, and proprietors of places of public

amusement passed March 23d 1875 and approved March 24th 1875 as applies to common carriers and to provide a remedy for aggrieved parties.

P—1—Rdg Feby 20

P. 2. Rdg. Feby 21

Judiciary Committee

Return without recommendation

Head chm [James Marshall Head, Jr., was a Democrat representing Sumner

County. A graduate of the Law Dept. of Harvard University, he practiced law in

Gallatin and Nashville and served as editor of the Nashville American, president of the board of directors of the Tennessee Industrial School, and member of the board of the Tennessee Centennial Exposition.]

 

Howard

 

[Text]

An act to repeal so much of an act entitled “An act to define the rights duties and liabilities of Inn-Keepers, common carriers and proprietors of places of public amusement” passed March 23d 1875 and approved March 24th 1875 as applies to common carriers: and to provide a remedy for aggrieved parties.

 

Section 1 Be it enacted by the general assembly of the State of Tennessee that so much of an act Entitled “An act to define the rights, duties, and liabilities of Inn-Keepers, common carriers and Proprietors of places of public amusement, passed March 23d 1875 and approved March 24th 1875 as applies to common Carriers be and the same is hereby repealed.

 

Section 2 Be it further enacted that all common carriers or person engaged in running Carrs [sic] on any Rail Road, or any steam Boat or any kind of a Vehicle for the purpose of carrying passengers for pay be and they are hereby required to reseive [sic] all well behaved persons who apply for and pay for first class Carrs, Steam Boats or Vehicles as the case may be.

 

Section 3 Be it further enacted that any person so engaged as a C or persons or corporations so engaged as Common Carriers who may make any distinction of persons who have paid first class fare except that separate apartments may be exclusively used Ladies and their attendants shall for such offense forfeit and pay the sum of Two hundred dollars to each party so aggrieved who will sue for the same in any Court having Juris-diction in damage cases to that amount.

 

Section 4 Be it further enacted that in case any person so aggrieved should bring suit in any Court of this state for the receiving of such penalty and shall by the proof in the case establish his or her right to a Recovery, said Court in which the suit may be brought shall render Judgement [sic] in favor of such plaintiffs for said amount of two hundred dollars as aforesaid as also for cost of suit.

 

Sec 5 Be it further enacted that this act take effect from and after its passage the public welfare requiring it.

 

Sec. 5 Be it further enacted that all laws and parts of laws or acts or parts of acts in conflict with this act be and the same are hereby repealed.

 

Sec. 6 Be it further enacted that this act take effect from and after its passage the public welfare requiring it.

 


HB 663 – GA 43, 1883 (Boyd—Penalizes discrimination by railroads)

 

[On cover]

H. B. 663.

An Act to prevent discrimination by railroad Companies among passengers.

P. 1. R. Feb 27.

P. 2 R Mch 1

P. 3 R 24

 

P Mh 26

PP Mh 27

 

Boyd

 

[Text]

House Bill No 663

An act to prevent discrimination by railroad companies among passengers who are charged and pay first class passage and fixing penalty for violation of same.

 

Sec 1. Be it enacted by the General Assembly of the State of Tennessee, That all railroad companies located, and operated in this state shall furnish to all persons holding first class tickets and paying first class passenger rates of fare, first class cars.

 

Sec 2. Be it further enacted, that upon the failure of any rail road company operating in this state to have the provisions of this act strictly enforced by their employees, then such company shall forfeit and pay to the party aggreived [sic] two hundred and fifty dollars, and all cost incident to the collection of the same, said sum to be recoverable before any court having jurisdiction thereof, Provided that the railroad corporations may comply with the provisions of this act, by furnishing seperate [sic] cars for different classes of passengers, and may and are hereby fully clothed with the power to set apart one car for the exclusive use of passengers, and another to another class, and to prevent any one of one class from entering the car set apart for another class.

 

Sec 3. Be it further enacted, that all laws and parts of laws in conflict with the provisions of this act, be and the same are hereby repealed, and that this act take effect from and after its passage the public welfare requiring it.

 




HB 666 – GA 43, 1883 (Howard—Compulsory school attendance)

 

[On cover]

House Bill No. 666

An act to regulate the attendance of

children at the public Schools of the

Taxing District of Shelby County

P—1—R Feby 28

P – 2 – R. Mch 1

 

Com. Education & School

 

Howard

 

[Text]

An Act relating to the attendance of children at the public schools of the taxing District of Shelby County.

 

Sec. I Be it enacted by the General Assembly of the State of Tenn that every person residing in the Taxing District of Shelby County having under his or her control a Child between the ages of eight & twelve years shall annually cause such Child to attend some public school in the Taxing District at least twelve weeks.

 

Sec. II Be it further enacted that for every neglect of such duty the party offending shall forfeit to the use of the public schools of the Taxing District a sum not less than five nor more than twenty Dollars.

 

Sec. III Be it further enacted that if the party so neglecting was not able by reason of poverty to send such Child to School or such child has attended a private school approved by the School Commissioners of said Taxing District for a like period of time or is regularly attending any private School also approved by them, or if his physical or mental condition is such as to render such attendance inexpedient or impracticable the penalty before mentioned shall not be incured [sic]

 

Sec. IV Be it futher [sic] enacted that it shall be the duty of the scool [sic] Commissioners of the Taxing District to inquire into all cases of neglect of the duty prescribed in the preceding section and assertain [sic] the reasons if any therefor and said Commissioners or any one of them shall proceed in the name of the taxing District any person liable to the penalty provided for in this act.

 

Sec. V Be it further enacted that this act take effect in forty days after its passage the public welfare require [sic] it.


HR 10 – GA 43, 1883 (McElwee—Provides payment to House staff)

 

[On cover]

R HR No 10

McAlwee S. A.

 

adopted Jany 5 —

 

Enrolled Jany 6th 1883

 

McElwee

 

[Text]

Whereas, Wm. B. Pickering, Principal Clerk, C.C. Plummer, Assistant Clerk, B. J. Headley assistant seargeant-at-arms [sic], J. A Sparrow Porter and Mureay Lewis Assistant Porter, of the House of the Forty-Second General Assembly, have been in attendance upon this House during the organization, for which they ought to be Compensated; therefore, be it Resolved by the House of Representatives, That they be allowed the regular pay per diem for their services, which shall be provided for in the general appropriation bill —

 


HJR 59 – GA 43 (1883): (McElwee—Encourages fed. aid for education)

 

[On cover]

House joint resolution No 59

 

Taken up under a suspension of the rules and adopted –

 

Mc Reconsidered Jany 16 –

Adopted Jany 16

Engrossed Jan. 16th.

 

[Text]

Whereas, the late last census discloses some very alarming facts inregard to the Educational status of our country, therefore,

 

Be it resolved by the General Assembly of Tenn. that we urge and request, our senators and representatives, in Congress to vote and use their influence, for the bill granting national aid for schools, to the different states in proportion to their illiteracy. Be it futher [sic] resolved that we request the Secretary of State to furnish at once our senators and representatives with a copy of this resolution —
HJR 92 – GA 43, 1883 (Boyd—Offers a reward for a murder)

 

[On cover, copy 1]

No 92

House Joint Resolution:

authorizing the governor to offer a reward for the apphension [sic]

and conviction of the murderer of Ephraim Grundy

of Murfreesboro, Rutherford County Tennessee.

 

Taken up under a suspension of the rules -- & adopted – Feby 12

 

(Engross)

Engrossed Feb. 12th

 

J.W. Boyd

 

[Text, copy 1]

House Joint Resolution Authorizing the governor to offer a reward for the apprehension and conviction of the murderers of Ephraim Grundy of Rutherford County Tennessee.

 

Whereas on the 27 day of January 1883, in the town of Murfresboro [sic] while quietly walking along the public streets in company with some colored ladies, one, a peacable [sic] colored man named Ephraim Grundy was foully murdered by two unknown white men, without cause or provocation. And whereas the perpetrators of the said foul murderers are still at large now therefore be it resolved by the General Assembly of the State of Tennessee, that the Governor is hereby authorize [sic] to offer a reward of one thousand Dollars for the apprehension and of said murderers to be appropriated out of any money in the treasury not otherwise appropriated for the apprehension and conviction of the men who committed the before mentioned foul murder.

 

 

[On cover, Senate copy]

H.J.R. No. 92.

 

Authorizing the Governor to offer a reward for the

apprehension and conviction of the

murderers of Ephraim Grundy

of Murfreesboro, Rutherford, Tennessee.

 

Tabled Feby 13th

 

Rejected Feb 21

 

J.W. Boyd.

 

 

[Text]

H.J.R. No. 92

 

Authorizing the Governor to offer a reward for the apprehension and conviction of the murderers of Ephraim Grundy of Rutherford County Tennessee.

 

Whereas on the 27th day of January 1883, in the town of Murfreesboro, while quietly walking along the public streets in company with some colored ladies, one, a peacable [sic] colored man named Ephraim Grundy, was foully murdered by two unknown white men, without cause or provocation.

 

And whereas the perpetrators of the said foul murder are still at large, now therefore be it resolved by the General Assembly of the State of Tennessee, that the Governor is hereby authorized to offer a reward of one thousand Five Hundred dollars to be appropriated out of any money in the treasury not otherwise appropriated, for the apprehension and conviction of the men who committed the before mentioned foul murder.

 




HJR 126 – GA 43, 1883 (Boyd—Prohibits convicts from farm work)

 

[On cover]

HJR 126 __

House Joint Resolution

In regard to releasing

the Penitentiary

 

Rejected Mar 5

 

Boyd

 

[Text]

House Joint Resolution No

In regard to releasing the Penitinary [sic]

 

Resolved by the General Assembly of Tennessee That in the event the Penitidi is lease by this General Assembly the bill shall provide that the convicts shall not be allowed to work on farms.
HB 13 – GA 44, 1885 (McElwee—Finances hospital for the insane)

 

[On cover, Copy 1]

House bill no 13

 

An Act to provide for the erection of

an Insane Hospital in West Tennessee

 

P.1.R. Jany 9.

Char Inst

P.2.R. Jany 20

Spl order Jany 29th

at 11. A.M.

Print 100 copies

P.3.R. Jany 29

Engrossed Jany 20

Recommended for passage

 

S.A. McAlwee [sic]

 

 

[Text, Copy 2]

An Act to provide for the erection of an Insane Hospital in West Tennessee.

 

Section I Be it enacted by the General Assembly of the State of Tennessee. That the Governor of the State shall appoint three commissioners to superintend the construction of said Hospital, and to select and purchase a tract of land, not more than one hundred acers [sic] or less than seventy five acers, capable of cultivation, near Jackson Tennessee. Said tract shall be conveniently situated for receiving supplies of fuel, either of wood or coal. Said commissioners shall receive no compensation for their services, over and above the necessary expences [sic] incurred in the discharge of their duties.

 

Section II Be it further enacted, That the said Commissioners shall have power to select and appoint a gentelman [sic] of thorough medical education, familiar with the care and treatment of the Insane, who, together with themselves, shall prepare a plan for the proposed hospital, and superintend its erection; the said plan shall be drawn out in detail by a competent architect employed by said commissioners and superintending physicians, which plan shall be in strict conformity with propositions on constructions of institutions for the insane, and shall be approved by the Governor, or shuch [sic] experts as he may select for deciding upon the propriety of the same, and no change shall be made in said plan to materially affect its character or cash without the consent of the Governor, or said expert, in writting [sic].

 

Sec. 3rd Be it further enacted, That the commissioners shall fix the salary of the medical officer herein provided for during the time he is engaged with them in superintending the erection of said building, as that also of the architect and all others whose services may be required in the proper construction of the same.

 

Sec. 4th Be it further enacted, That to enable the said Commissioners to carry into effect the provisions of this Act, and make all necessary preparations for the purchase of the land and the erection of the building provided for herin [sic], the sum of eighty five thousand dollars is hereby appropriated, and the Comptroller shall issue his warrents [sic] on the Treasurer from time to time for such sums as the Commissioners may order in a written certificate.

 

Sec. 5th Be it further enacted, that the said commissioners and physician shall proceed to erect said building, and complete the same at as early a day as posible [sic], compatible with the perfection or skillful execution of the work, and they shall annually make reports through the superintending physician to the Governor, of the amount of money expended by them, and the progress made in the erection of the building.

 

Sec. 6th Be it further enacted, That the laws now in force in this State relative to the management and regulation of Insane Asylum, be and are hereby extended, and made to apply to the government and regulation of the Asylum in West Tennessee, and the trustees now authorized by law to control and manage the Insane Asylums of this State, shall be and they are hereby constituted the trustees of said Asylum in West Tennessee: Provided, that the purchase of the land and the building to be erected shall not exceed in cash eighty five thousand dollars and the plans of the architect shall be so made as to come within the provision of this Act, and the contract price for the land and the erection of the building thereon shall not exceed that sum.

 

Sec. 7th Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[On cover, Copy 2]

House Bill, No. 13

 

An Act to provide for the erection of an Insane Hospital in West Tennessee.

 

P—1—R— Jany 9

P—2—R— 20

P—3—R— 29

P Jany 30

IP Feb 10 –

F.W&M

IIP as amended March 27—

Enrolled, Mch. 28.

 

S.A. McAlwee

 

 

[Text, Copy 2]

House Bill No. 13.

 

An Act to provide for the erection of an Insane Hospital in West Tennessee.

 

Sec. 1 Be it enacted by the General Assembly of the State of Tennessee, That the Governor of the State shall appoint three Jno M. Lea, Jno H. Callendar & W.P. Jones be and are hereby appointed Commissioners to superintend the construction of said hospital, and said Commissioners to select and purchase a tract of land, not more than one hundred acres or less than seventy-five acres, capable of cultivation at some suitable place in West Tennessee. Said tract shall be conveniently situated for receiving supplied of fuel, either of wood or coal. Said Commissioners shall receive no compensation for their services, over and above the necessary expenses incurred in the discharge of their duties.

 

Sec. 2 Be it further enacted, That the said Commissioners shall have power to select and appoint a gentleman of thorough medical education, familiar with the care and treatment of the insane, who, together with themselves, shall prepare a plan for the proposed hospital, and superintend its erection; the said plan shall be drawn out in detail by a competent architect employed by said Commissioners and superintending physician, which plan shall be in strict conformity with propositions on constructions of institutions for the insane, and shall be approved by the Governor, or such experts as he may select for deciding upon the propriety of the same, and no change shall be made in said plan to materially affect its character or cost without the consent of the Governor, or said expert in writing.

 

Sec. 3 Be it further enacted, That the Commissioners shall fix the salary of the medical officer herein provided for during the time he is engaged with them in superintending the erection of said building, as also that of the architect and all others whose services may be required in the proper construction of the same.

Sec. 4 Be it further enacted, That to enable the said Commissioners to carry into effect the provisions of this Act, and make all necessary preparations for the purchase of the land and the erection of the building provided for herein, the sum of eight=five thousand dollars is hereby appropriated, and the Comptroller shall issue his warrants on the Treasurer from time to time for such sums as the Commissioner may order in a written certificate.

 

Sec. 5 Be it further enacted, That the said Commissioners and physician shall proceed to erect said building, and complete the same at as early a day as possible, compatible with the perfection or skillful execution of the work, and they shall annually make reports through the superintending physicians to the Governor, of the amount of money expended by them, and the progress made in the erection of the building.

 

Sec. 6 Be it further enacted, That the laws now in force in this State relative to the management and regulation of insane asylums be and are hereby extended and made to apply to the government and regulation of the asylum in West Tennessee, and the trustees now authorized by law to control and manage the insane asylums of this State shall be, and they are hereby constituted, the trustees of said asylum in West Tennessee. Provided, that the purchase of the land and the building to be erected shall not exceed in cost eighty-five thousand dollars, and the plans of the architect shall be so made as to come within the provision of this act, and the contract price for the land and the erection of the building thereon shall not exceed that sum.

 

Sec. 7 Be it further enacted, That this act take effect from and after its passage, the public welfare requiring it.
HB 31 – GA 44, 1885 (Fields—Limits debts incurred for land rental)

 

[On cover]

An act to amend Section 4280 of

Milliken Vertrees Code

HB No 31

J.C

P 1 R Jany 9.

p.2.R 20

Recommended to be laid on the table

Ref Ag.

Laid on table Jany 28.

 

Wm. A. Feilds [sic]

 

[Elsewhere on cover]

3539 T & A Code lay on table

 

[Text]

An act to amend Section 4280 of Milliken & Vertrees code of Tennessee

 

Section first. Be It enacted by general Assembly of the State of Tennessee That Section 4280 of Milliken & Vertrees Code of Tennessee be amended to read as follows towit: Any debt by note, account, or otherwise, created for the rent of Land, is a lien on the crop growing or made on the premises, in preference to all other debts, from the date of the contract; Provided that in no case shall the Lien Thus given, operate on more than one Third of the crop so grown on the premises this rented, and two thirds shall be exempt from execution or attachment to enforce said lien.

 

Be it further enacted, That this act take effect from and after its passage the public welfare requiring it.

 


HB 34 – GA 44, 1885 (McElwee—Repeals Section 2437a of the Code)

 

[On cover]

An act to repeal Section 3292 of Milliken & Vertrees’ code

being Section 2437a of Thompson & Steger’s code of Tennessee

 

HB No. 34

 

P 1 R. Jany 9.

P.2.R 20 JC

Recommended for rejection

Rejected Feby 11.

 

[Elsewhere on cover]

Sec. 2437—a + b – both sections pass

 

[Text]

An Act to repeal Section 3292 of Milliken & Vertrees Code* of Tennessee, the same being Section 2437b of Thompson & Steger’s code.

 

Section 1st Be it enacted by the General Assembly of the State of Tennessee, that Section 3292 of Milliken & Vertrees’ code of Tennessee, being Section 2437a of Thompson & Steger’s Code of Tennessee, be and the same is hereby repealed.

 

Section 2nd Be it further enacted that this act take effect from and after its passage the public welfare requiring it.

 

 

* The Code of Tennessee: being a compilation of the statute laws of the state of Tennessee, of a general nature, in force June 1, 1884 / by W. A. Milliken and John J. Vertrees. Nashville, Tenn. : Marshall & Bruce, 1884.


HB 69 – GA 44, 1885 (Hodge—Prohibits police from serving process)

 

This bill is missing from TSLA collection.
HB 96 – GA 44, 1885 (McElwee—Increases a fee)

 

[On cover]

House Bill No. 96

An Act to Amend section 5299 of Miliken [sic]

& Vertrees code of Tennessee

P 1 R Jany 14

P 2 R Jany 20

Recommended to be laid on the table

Tabled Jany 25

 

S.A. McAlwee

 

 

[Text]

An Act to amend section 5299 of Miliken & Vertrees Code of Tennessee.

 

Section I Be it enacted by the General Assembly of the State of Tennessee, That section 5299 of Miliken & Vertrees Code of Tennessee be amended as follows: — strike out the words one dollar & fifty cents and insert two Dollars.

 

Sec. 2nd Be it further enacted That this act take effect from and after its passage, the public wellfare [sic] requiring it.
HB 99 – GA 44, 1885 (Evans—Limits garnishment of wages)

 

[On cover]

House Bill no. 99

 

A Bill to be entitled

An act to amend the exemption laws as to

the wages of mechanics, laboring men,

clerks, and other employees

P 1 R Jany 14

P.2.R. JC 29

Tabled Mch 20

 

Judiciary

 

Recommended to be passed 2nd Reading

Overturn referral to this committee

Jany 20th/85

 

Evans of Shelby

 

[Text]

Title of Amendment.

 

An Act, to amend an Act, entitled (An Act to amend an Act to amend the Exemption Laws, and to comprise them all in one Act) passed Jany. 31st 1871, and approved Feby 1st 1871; so as to exempt only Seven Dollars and fifty cents per week, of the wages of Mechanics, other laboring men, clerks and other employes.

 

Be it enacted by the General Assembly of the State of Tennessee,

 

Sec 1. That there shall be exempt from execution, attachment or garnish-ment, Seven Dollars and fifty cents per week, of the wages of mechanics, or other laborers, clerks and all other employees;

Provided, that the lien created by service or garnishment, shall only affect that portion of a laborer’s, clerk’s, mechanic’s, or other employe’s wages, that may be due at the time service is made, and not any future wages.

 

Sec. 2. Be it further enacted

That with the exception of the exemptions made in Sec 1, of this Act, the wages of mechanics, laborers, clerks and all other employes, shall be subject to garnishment, upon execution or attachment.

 

Sec. 3. Be it further enacted,

The public welfare requiring it, that this act take effect, from and after its passage.


HB 119 – GA 44, 1885 (Fields—Compulsory school enrollment)

 

[On cover]

HB 119

Bill to be entitled An Act to require Parents and Gaurdains [sic]

to send children to School

P 1 R Jany 15

Ed & CS

Recommend to lie on the table

tabled Mch 3

 

W. A. Fields

 

[Text]

Bill to be entitled An Act to require Parents and Gaurdains to send children to school

 

Section 1 Be it enacted by the General Assembly of the State of Tennessee that all Parents and Gaurdains, having children in care between the ages of seven and sixteen years, and physically able, shall have them regularly enrolled in a district, town or city, public or private School, and continue them in actual attendance, at least one hundred and twenty days during each scholastic year.

 

Section 2 Be it further enacted that a willful violation of section one of this Act shall be a misdemeanor and punishable by a find [sic] not less than ten nor more than fifty Dollars for each defendse [sic].

 

Section 3 Be it further enacted that this act take effect from and after its passage, the public welfare requiring it.


HB 139 – GA 44, 1885 (Hodge—Amends an earlier road act)

 

[On cover]

House Bill No 139

An Act

To amend an act entitled an Act to regulate

the working and laying out of public Roads”

passed March 28, 1881

P 1 R Jany 19

Public Rds

Tabled Feb 27

 

Hodge of Hamilton County

 

Com. Rec. To lie on the Table

 

[Text]

An Act

To amend an act, entitled “An Act to regulate the working and laying out of public roads” passed March 23, 1881.

 

Be it enacted by the general assembly of the State of Tennessee: That Section 5. of an act entitled “An Act to regulate the working and laying out of public roads” passed March 23d 1881. be and the same is hereby amended by striking out the word “two” in the second line thereof and inserting the word “ten” instead – and by striking out the word “fifteen” is said second line and inserting the words “twenty five” instead.

 

Section 2. Be it further enacted that this act shall take effect and be in force from and after its passage the public welfare requiring it.


HB 140 – GA 44, 1885 (Hodge—Limits the time for road work)

 

[On cover]

House Bill No 140

An Act

To amend an Act passed March 23, 1991, and

approved March 30, 1881 and the Act amendatory thereof

passed April 25, 1882, and approved April 26, 1882

Entitled An Act to regulate

the working and laying out of Public roads”

P 1 R Jany 19

Public Rds

Tabled Feby 27

 

Hodge of Hamilton Co.

 

Com. Rec. To lie on the Table

 

 

[Text]

An Act

To Amend An Act entitled “an Act to amend an Act passed March 23, 1881 and approved March 30. 1881, and an Act amendatory thereof passed April 25, 1882, and approved April 26, 1882, entitled an Act to regulate the working and laying out of public roads.”

 

Section 1 Be it enacted by the General Assembly of the State of Tennessee, That Section 13, of an Act passed March 23, 1883 and approved March 26, 1883, entitled “an act to amend an act passed March 23, 1881 and approved March 30, 1881, and the act amendatory thereof, passed April 25, 1882 and approved April 26, 1882, entitled an act to regulate the working and laying out of public Roads” be and the same is hereby amended so as to read as follows. That the overseers shall work on their respective roads, two days in each year, and all persons subject to work on the public highways are hereby required to work thereon for two days in every year and no more.

 

Section 2 Be it further enacted that this act take effect and be in force from and after its passage the public welfare requiring it.


HB 141 – GA 44, 1885 (Hodge—Repeals Chapter 130, 1875)

 

[On cover]

House Bill No 141

An Act

To repeal an act, entitled “An Act to define the rights, duties and

liabilities of inn-keepers, common carriers, and proprietors of places of public amusement: passed March 24, 1870.

P. 1. R. Jany 19.

P. 2. R JC 29

Recommend rejection Jany 28th

Rejected Feby 27

 

Hodge of

Hamilton County

 

[Text]

An Act

To repeal an act, entitled “an act to define the rights, duties and liabilities of inn-keepers, common carriers, and proprietors of places of public amusement,” passed March 24, 1875.

 

Be it enacted by the General Assembly of the State of Tennessee. That an act entitled “An Act to define the rights, duties and liabilities of inn-keepers, common carriers, and proprietors of places of public amusement” passed March 24, 1875 be and the same is hereby repealed.

 

Section 2. Be it further enacted that this act shall take effect and be in force from and after its passage the public welfare requiring it.

 


HB 151 – GA 44, 1885 (Fields—Requires truth in advertising wages)

 

[On cover]

H B 151

An Act to be entitled an act to require corporations, contractors, and other

institutions that advertise for hands to employ and pay them according to

advertisements.

P. 1. R. Jany 19

P. 2. R “ JC 24

Recommended for rejection

Rejected Mch 2

 

Fields

 

[Text]

An act to be entitled an act to require corporations, contractors, Subcontractors, and other Institutions that advertise for hands, to employ and pay them according to advertisement.

 

Section 1 Be it enacted by the General Assembly of the State of Tennessee that all corporations, contractors, Subcontractors, and other Institutions, that advertise in newspapers, bills or by Agents, for hands to be employed by said corporations, contractors, Subcontractors, or Institution, shall state in the advertisement the kind of employment, the number of hand can be employed, the wages that will be paid per day, month or year, and how long said number of hands can be employed.

 

Section 2 Be it further enacted that such advertisements, as are mentioned in section one of this Act, shall be a legal contract for all able bodied hands, who have left their houses and places of employment, for the purpose of engaging in the employment and for the wages states in said advertisement to enter suit against the proprietors, or employers, of the Institutions mentioned in section one of this act, for the employment, and the payment of the wages as are stated their advertisement, until said advertisement is discontinued.

 

Section 3 Be it further enacted That this act take effect from and after its passage. The public require it.


HB 156 – GA 44, 1885 (Evans—Road work and laborers)

 

[On cover]

No HB 156

An act to be entitled an act to amend section 4 of chapter 38

of an act passed March 28th 1881 entitled

an act to regulate the working and laying out of public roads

P 1 R Jany 19.

Pub Rds.

Com. Rec. to lie on the Table

Laid on table Mch 2

 

Evans of Shelby

 

[Text]

An act to be entitled an act. to amend section 4 of chapter 38 of an act passed March 28. 1881 entitled an act to regulate the working and laying out of public roads.

 

Section 1 Be it enacted by the General Assembly of the Tennessee, That section 4 of chapter 38 of an act entitled an act, to regulate the working and laying out of public roads be amended so as to read, That all male inhabitants over twenty one and under forty five years of age except such as are prematurely disabled from performing common labor, and are released by the commissioner, shall work not less than two nor more than four days upon the highways each year, the work to be done at any time. The overseer shall give three day’s notice of the time and place to commence. Any road hand so notified may be exempted from work by sending an ablebodied [sic] substitute or paying one Dollar for each day, or by furnishing any team and plow or wagon. The overseer may require to be allowed a credit for the same a[s] provided in the next section

 

Section 2 Be it further enacted, That this act take effect from and after its passage. The public welfare require it.


HB 213 – GA 44, 1885 (Fields—Ensures bipartisan election judges)

 

[On cover]

HB 213

An act to be entitled An Act to amend

an act passed April 4, 1881

entitled an act to provide that judges of elections

shall be appointed from different political parties

P – 1 – R – Jany 21.

P 2 R 24

Elections

Recommended to lay on table

tabled Mch 6

 

W. A. Feilds [sic]

 

[Text]

An Act to be Entitled an act to amend Sections 1 and 2 of Chapter 102 of an act passed April 4, 1881 entitled an act to provide that judges of elections shall be appointed from different political parties.

Section 1. Be it enacted by the General Assembly of the State of Tennessee, That section one of chapter 102 of an act passed April 4, 1881 entitled an act to provide that Judges of Elections shall be appointed from different political parties, be amended so as to read, That each candidate of the different political parties shall appoint one judge for each precinct in the districts, counties, or congressional district in which they are candidates for election.

 

Section 2 Be it further enacted, that section 2 of Chapter 102 of the act mentioned in section one of this act be amended so as to read, that such judges of elections shall be elected by, and appointed at the request of each of the several candidates of the different political parties. Such judges shall be qualified and vested with the legal authority as all other judges of elections.

 

Section 3 Be it further enacted, That this act take effect from and after its passage, the public welfare requiring it.

 

 


HB 447 – GA 44, 1885 (Evans—Penalizes discrimination by railroads)

 

[On cover]

House Bill No. 447.

An act to repeal an act intitled [sic] and an act

to prevent discriminations by railroad companies

among passengers who are charged and paying

first class passage, and fixing penalty for the violation same.

P. 1. R. Feby 14

P. 2. 16

JC

Recommended for rejection Mar. 6

 

Wm. A. Fields

 

[Text]

An act to repeal an act passed April 7, 1881 entitle, an act to prevent discriminations by railroad companies among passengers who are charged and paying first class passage, and fixing penalty for the violation same.

 

Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Sections one and two of chapter 155 of an act to prevent discriminations by railroad companies among passengers who are charged and paying first class passage, and fixing penalty for the violation, Be, and the same are hereby repealed.

 

Section 2 Be is further enacted, That this act take effect from and after passage, the public welfare requiring it.

 


HB 495 – GA 44, 1885 (McElwee—Protects women)

 

This bill is missing from TSLA collection. This was probably another attempt at passing a miscegenation law, intended to protect married African American women and young girls from sexual assault by white males.


HB 514 – GA 44, 1885 (Evans—Appoints Asst. Supt. of Schools)

 

[On cover]

House Bill No 514

 

A Bill to be entitled an act

to provide for appointment of

an Assistant Superintendent

of public instruction

P. 1. R. Feby 19.

P. 2. R 20

Ed & CS

Recommended to lie on the table.

 

G. E. Evans

 

[Text]

A Bill to be

entitled an act to provid [sic] for the appointment Assistant Superintendent of public Education—

 

Section 1 Be it enacted by the General Assembly of the State of Tennessee that the Governor be and is hereby aurthorized [sic] to appoint an Assistant Superintendent of public Instruction. whoes [sic] duties shall be defined and regulated by the State Superintendent—and subject to the rules and regulations governing the same—And, that said Assistant Superintendent shall receive for said services the sum of twelve hundred dollars, the same to be paid out of the same fund and in the same manor [sic] as the State Superintendent of public Instruction.

 

Section 2 Be it further enacted that the office of said Assistant Superintendent shall be located in the city of Memphis in county of Shelby in some public building—

 

Section 3 Be it further enacted that this bill take effect from and after its pasage [sic] the public welfare requiring it—


HB 655 – GA 44, 1885 (Hodge—Regulates insurance companies)

 

[On cover]

An Act to license Life & Accident Insurance Companies

formed on the Assessment Plan

HB 655

P. 1. R Mch 19

P 2 R 21

JC

 

Hodge of Hamilton

 

Recommended to lie on the table Mch 28 85

 

[Text – note: this is a printed petition, with several pages of signatures attached. Only the first line and the signatures are handwritten.]

 

An Act to license Life or Accident Insurance Companies formed on the Assessment Plan.

 

be it enacted by the legislature of Tennessee.

 

section i.

That any corporation or association organized under the laws of this, or any other State or government for, and carrying on, the business of life or accident insurance on the assessment plan, shall be licensed by the insurance department to transact business in the State, and shall have the right to so transact business so long as it shall so continue to pay its legitimate losses to the full limit named in its certificates or policies. And such corporation or association shall, on or before the first day of March in each year, furnish to the insurance department a full and complete detailed statement of its income and disbursements for the previous year ending December 31st, which statement shall be published in the annual report of said department.

 

section ii.

All acts or parts of acts inconsistent herewith are hereby repealed.

 

section iii.

This Act shall take effect immediately.

 

We, the undersigned, citizens and voters, respectfully request that you will secure the defeat of any measure inimical to the system of assessment life or accident insurance, and urge upon you the passage of the above law.

[Note: spelling of names is approximate – some of the signatures are quite difficult to read.]

 

Creed F. Bates Chattanooga Tenn

Geo T White Chattanooga Tenn

W.E. Baskette Chattanooga


JH Nanner

M.W. Pattilla

A.M. Johnson

R.W. Biese Chattanooga, Tenn.

H.S. Thacher Chattanooga, Tenn.

E.R. Betterton Chattanooga, Tenn.

R.F. Rock Chattanooga, Tenn.

J.M. Armstrong

M.F. Drake

BW Damon

A Sylovar

H.N. McLane

W.J. Ingle

J.J. Herbert

S.E. Burns

W.T. Hope

Nathan Frank

G.W. Dash

F. Hughes

R.M. Kerley MD—

W.T. Lucas

M.E. Abbey

E.P. Walsh

G A Baxter MD

J.H. Cleage

Chase & Co.

HSchwartz

PL Gamble

JE MacGowan

GN Ochs

CW Norum 21st Ky Inf.

A Henke

Charles Fonstner

Jno.R Nillain

CR Ellsworth

D.P.H. Anderson

C.B. Freeman

A.P. Smith

B.S. Wert

W.G. Oehning

F.F. Wiehl

RK Robertson

J.P. McMan

GGLilly

George Burge

M.V. Reid

H Goodman

H. Goodman Jr.

Wm Cole

C. A. Manning

S.M. Adams & Bro.

Jno Stagmaier

Thos. V. Miller

A.W. Lauter

AE Sholes

W.T. Rogers Chattanooga

S L Rogers

W M Nixon

AC Grant

HH Brown

AMNH Eastman

EM Eaton

J P Smartt

W.H. Saylor

JWishendorff

J.T. Ballard

John C. Vance

Vance Kirby

J. J. Lowry

T.A. Dutton

[Illegible]

J.W. Pickens

WB Hunt

W.E.Ragsdale

S DeLong

J. L. Gaston

W. T. Shelton

GMDonnelly

J Long


 


HR 88 – GA 44, 1885 (McElwee—Requires a study of UT admissions)


HJR 9 – GA 44, 1885 (McElwee—Urges fed. support of Blair Ed. Bill)

 

[On cover]

S.A. McAlwee

HJR No 9

 

Indefinitely postponed Jany 13

 

McElwee

 

[Text]

Whereas, the bill known as the Blair Educational bill has passed the Senate of the U.S. and is now pending before the House of Representatives; therefore, be it resolved by the General Assembly of the State of Tennessee, that our representatives be requested to vote and use their influence for the passage of this bill. Resolved that the Secretary of State be requested to forward a copy of these resolutions to our members in Congress.

 


HJR 108 – GA 44, 1885 (Evans—Names Howell E. Jackson to cabinet)


HJR 149 – GA 44, 1885 (McElwee – Enables the Governor to fill a board vacancy on the Insane Asylum Commission

 

[On cover, Copy 1]

House joint resolution No. 149

 

Taken up & adopted April 3d

 

S.A. McElwee

 

[Text, Copy 1]

Whereas, it has been made known that the Honorable J. M. Lea declines to accept the trust as one of the Commissioners to locate and superintend the erection of an insane asylum for the Western District of Tennessee and the other persons named as commissioners in the bill passed for the location and erection of said asylum have signified their willingness to accept so far as to locate the same but can not superintend its erection;

 

Therefore be it resolved by the General Assembly of the State of Tennessee that the Governor be authorized and directed to fill all vacancies which have or may hereafter occur in the board of such Commissioners and the Commissioners appointed by the Governor shall have all the powers granted in the said bill providing for the erection of said asylum.

 

[On cover, Copy 2]

H.J.R. No 149

 

Concurred in April 9

Passed April 3

 

S.A. McElwee

 

[Text, Copy 2]

Whereas it has been made known that the Honorable J.M. Lea declines to accept the trust as one of the commissioners to locate and superintend the erection of an Insane Asylum for the Western District of the State Tennessee, and the other persons named as commissioners in the bill passed for the location and erection of said asylum have signified their willingness to accept so far as to locate the same but cannot superintend its erection;

 

Therefore be it resolved by the General Assembly of the state of Tennessee; That the Governor be authorized and directed to fill all vacancies which have or may hereafter occur in the board of such commissioners, and the commissioners appointed by the Governor shall have all the powers granted in the said bill providing for the erection of said asylum.


HJR 157 – GA 44, 1885 (McElwee—Permits black cadets to attend UT)

 

[On cover]

House Joint Resolution

No 157.

 

S. A. McElwee

 

[Text]

House Joint Resolution No 157.

 

Whereas the colored cadets of the State are prohibited from enjoying the benefits of the East Tennessee University,

 

There for [sic] be it resolved by the General Assembly of the State of Tennessee that the Trustees of the East Tennessee University are hereby directed and required to pay the sum allowed as tuition to each student or cadet in said University to any of the colored Colleges or universities in the State which m ay be selected by the cadets.

 

 


HB 29 – ES 1885 (Evans—Appoints Asst. Supt. of schools)

 

This bill is missing from the TSLA collection. This was Evans’ second attempt to pass a bill funding the position of Assistant Superintendent of Schools. The bill, requested by the Governor in his address to the General Assembly at the beginning of the Session, would appropriate funds for an Assistant Superintendent who would oversee the education of African American students in Tennessee.


HB 34 – ES 1885 (Fields—Distribution of teaching certificates)

 

This bill is missing from the TSLA collection.

 


HB 63 – ES 1885 (Hodge--Voting)

 

This bill is missing from the TSLA collection.


HB 5 – GA 45, 1887 (McElwee—Prohibits mob violence)

 

This bill is missing from the TSLA collection. It was in support of this bill that McElwee made his famous and passionate speech against lynching. The bill and a substitute offered by the Judiciary Committee were both laid on the table following a vote of 29-34.


HB 6 – GA 45, 1887 (McElwee—Regulates descent and distribution of

estates in cases involving former slaves and their children)

 

[On cover, Copy 1]

Burney—

 

House Bill No. 6

A Bill Act to be Entitled An Act to amend

Article IV Chapter 4 of (M.&V.) Code of Tennessee

(Sec. 3285 to 3288) and to further regulate

the Descent and Distribution of Estates real & personal

in Certain Cases—

P.1.R Jany 7 JC

P—2—R. Jany 14 JC

 

Substitute bill for passage

Substitute HB 6

S. A. McElwee

 

[Text, Copy 1]

A Bill to be entitled An Act to amend Article IV of Chapter 4 of (M.&V.) Code of Tennessee (Sec. 3285 to 3288) And to further regulate the Descent and Distribution of Estates, Real and Personal, in Certain Cases—

 

Sec. 1 Be it enacted by the General Assembly of the State of Tennessee, That all persons born in slavery by slave parents (whether born in this state or out of it) shall inherit from said parents or either of them, as legitimate children now inherit by law in this State, and proof of marriage of the Parents shall not be necessary in such cases, but proof of recognition as his child by the reputed Father shall be sufficient evidence.

 

Sec. 2 Be it further enacted, That the foregoing section shall apply to the estates both real and Personal of all such former Slaves as have died or may hereafter die leaving property in the State.

 

Sec. 3 Be it further enacted, That this Act take effect from and after its passage the public welfare requiring it—

 

 

[On cover, Copy 2 – substitute]

Substitute for

HB 6

 

Recommd for Passage

P 1 R Jany 7

P 2 R 14

P 3 R Feb 24

 

Engrossed Feb 24th / 87

 

McElwee

[Text, Copy 2 – substitute]

An Act to amend the laws of decent [sic] and distribution, and to amend Sections 3285-3286-3287 & sec’s 3288 of the revised code.

 

Be it enacted by the general assembly of the State of Tennessee that sec 3285 of the revised Milliken & Vertrees Code be so revised amended as to include in its provissions [sic] persons of color who having have been living as man & wife in other states, and who may have moved to this state, and that sec. 3286, 3287-3288 of this code shall be applied to such persons and their issue whether born in this state or otherwise elsewhere.

 

 

 

[On cover, Copy 3 – Senate version]

H.B. No. 6

 

An Act to Amend the Laws of Descent and Distribution,

and to Amend Sections 3285, 3286, 3287, and 3288

of the Revised Code.

 

P_1_R_ Jan. 7th

P_2_R_ 14”

P_3_R_ Feb. 24”

 

P-1-R Feb 26

P-2-R Mch 3

J.C.

IIP 21

 

Enrolled March 22” 1887

 

Passage

 

[Text, Copy 3 – Senate version]

 

H.B. No. 6.

 

An act to amend the laws of descent and distribution, and to amend Sections 3285, 3286, 3287, and 3288 of the Revised Code.

 

Sec. 1. Be it enacted by the General Assembly of the State of Tennessee, That section 3285 of Miliken [sic] and Vertrees Code be so amended as to include in its previsions [sic] persons of color, who have been living as man and wife in other States, and who may have moved to this State; and that section 3286, 3287 and 3288 of Revised Code be applied to such persons and their issue whether born in this State or elsewhere.
HB 33 – GA 45, 1887 (Hutchins—Regulates contracts with attorneys)

 

[On cover]

HB No 33 —

An act to amend sections 2450 and 2451 of Chapt. 2 Art. 3 of

Milliken and Vertrees code, regulating contracts between

clients and attorneys –

P-1-R Jany 10

Judiciary Committee

P.2.R 14

Substitute adopted in lieu of this Feby 28

Williams of F

Rejected

 

S.L. Hutchins of Hamilton

 

[Text]

An act to amend sections 2450 and sections 2451 of Chapt. 2 Art. 3 of Vertrees Milliken and Vertrees code, regulating contracts between attorneys and clients.

 

Sec. 1 Be it enacted by the general assembly of of [sic] the state of Tennessee, that sections 2450 and 2451 of Chapt. 2 Art 3 of Milliken and Vertrees code, be so amended that any party plaintiff or intending to be plaintiff to any suit at law, or in equity may promise to pay or agree to give one half or less portion of money or thing in litigation upon the event of the suit, provided that any amount agreed upon which exceeds one half, shall make void such contract, and provided further that this act shall not be construed to extend further to other than client and attorney.

 

Sec. 2 Be it further enacted, that every such understanding, promise, or agreement (with the exception above exception as well as the exception contained in the ancient law) entered into between any practicing attorney or other person, and a plaintiff in any suit already brought or about, or afterwards to be brought shall be void and of no effect, and all laws and parts of laws in conflict with this act are hereby repealed.

 

Sec. 3 Be it further enacted, that this act shall take effect from and after its passage – the public welfare requiring it.
HB 34 – GA 45, 1887 (Hutchins—Regulates activities of attorneys)

 

[On cover]

An act to prohibit practicing attorneys

from signing bonds becoming security for

in any suit at law or in equity.

HB 34

P-1-R Jany 10

Judiciary Committee

P @ R Jany 14

 

McCall

Rejected

Rejected Mch 1

 

S.L. Hutchins of Hamilton

 

[Text]

An act to prohibit practicing attorneys from signing bonds becoming security in any suit at law or in equity.

 

Sec. Be it enancted [sic] by the general assembly of the state of Tennessee, that it shall be unlawful for any practicing attorney to sign any bond or become security for any party or parties litigant, in any suit at law or in equity, or who shall be charged with any misdemeanor or other offense in violation of the laws of this state and every such attorney who shall be guilty of viloting [sic] this act shall be stricken from the list of attorneys and shall pay a fine of one hundred dollars. together.

 

Sec. 2 Be it further enacted that this act shall take effect from and after its passage the public Welfare requiring it—


HB 136 – GA 45, 1887 (Hutchins—Repeals Hamilton County poll tax)

 

[On cover]

H.B. No. 136.

An Act to repeal Sections 9 and 10

of Chapter 234 of the Acts of 1883.

 

P__ 1__ R_ Jan 12, 1887

P__ 2__ R_ 19, 1887.

P__ 3__ R_ Mch. 23, 1887

 

P Mch 24

PII 25

PIII 26

 

Enrolled Mch 26th

 

Hutchins

 

[Text]

An Act to repeal Sections 9 and 10 of chapter 234 of the Acts of 1883m entitled an Act to amend the charter of the City of Chattanooga, Tennessee and all Acts heretofore passed amendatory thereof.

 

Sec. 1. Be it enacted by the General Assembly of the State of Tennessee, that Sections 9 and 10 of Chapter 234 of the Acts passed March 29- 1883 entitled An Act to amend the Charter of the city of Chattanooga, Tennessee, be and the same are hereby repealed.

 

Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it.


HB 206 – GA 45, 1887 (McElwee—Adds language to Section 2490)

 

[On cover]

An act to amend section 5490 of M&V Code

 

House b No. 206

P 1 R Jany 18

P 2 R 19

JC

Recommended for passage

 

Thornbury

 

S.A. McElwee

 

[Text]

An act to amend section 5490 of M&V Code—

Be it enacted

by the General Assembly of the State of Tennessee that section 5490 of the code be amended so as to read after the word “shall” provided that the person, so disposing of the property, shall pay the cost in the suit—

 

Be it further

enacted that this act take effect from and after its passage the public welfare requiring it—

 

 

 

 

 

 

 


HB 360 – GA 45, 1887 (Gooden—Mileage for witnesses in court cases)

 

[On cover]

An act to amend Sec. 5299 of M & V Code*

 

No. HB 360

P 1 R Jany 25

P 2 R Feby 11

TWSM

 

To lie on table

 

M.W. Gooden

 

[Text]

An act to amend Sec 5299

M & V code

Be it enacted by the General Assembly of the State of Tennessee that section 5299 of the code be amended so as to read after the word “Per diem” and milage [sic] as witnesses in all State cases.”

 

 

 

*The Code of Tennessee : being a compilation of the statute laws of the state of Tennessee, of a general nature, in force June 1, 1884 / by W. A. Milliken and John J. Vertrees. Nashville, Tenn. : Marshall & Bruce, 1884.


HB 413 – GA 45, 1887 (Hutchins—Limits testimony of convicted felons)

 

[On cover, copy 1]

HB 413

An act to prevent persons from other states, from testifying

convicted of crime from testifying in the courts of the state.

P 1 R Jan 28

P 2 R Feb 12

P 3 R Mch 10.

Judiciary Committee

 

passage

 

Engrossed 10th Mch.

 

S.L. Hutchins of Hamilton

 

[Text, copy 1]

An act to prevent persons convicted of crime in other state from testifying in the courts of this state.

 

Be it enacted by the general assembly of the state of Tennessee, that no person who shall have been convicted of any infamous crime in any other state shall hold any office of trust in this state, vote, or be competent to testify or give evidence in the courts of this state; a certified copy of the record of the court wherein such person shall have been convicted or a transcript thereof duly certified to by the judge of such court, whose signature shall be certified to as to its genuineness, by the clerk of such court thereto attached shall be sufficient evidence of the fact of conviction – Provided such person may be restored to citizenship – as though he had been convicted in this state—

 

Be it further enacted that this act shall take effect from and after its passage the public welfare requiring it—

Hutchins

 

[On cover, Senate copy of bill]

H.B. No. 413

An Act to Prevent Persons from other

States Convicted of Crime from Testifying

in the Courts of this State.

 

P—1—R—Jan. 28th

P—2—R—Feb. 12”

P—3—R—Mch. 10”

 

 

P Mch 11

IP 16

J.C.

 

Rejection

 

Hutchins

 

[Text, Senate copy of bill]

An Act to prevent persons convicted of crime in other States from testifying in the courts of this State.

 

Sec. 1 Be it enacted by the General Assembly of the State of Tennessee, That no

person who shall have been convicted of any infamous crime in any other State shall hold any office of trust in this State, vote or be competent to testify and give evidence in the courts of this State; a certified copy of the record of the court wherein such person shall have been convicted, or a transcript thereof duly certified to by the judge of such court whose signature shall be certified to as to its genuineness by the clerk of such court with the seal of said court thereto attached shall be sufficient evidence of the fact of conviction; Provided, such person may be restored to citizenship, as though he had been convicted in this State.

 

Sec. 2 Be it further enacted, That this Act shall take effect from and after its passage, the public welfare requiring it.

 

 


HB 447 – GA 45, 1887 (Hutchins—Regulates prisons & workhouses)

 

[On cover]

H B 447

A bill to be entitled an act to regulate, govern,

work and confine convicts and distribute convicts

Sentenced to penal servitude in the penitentiary of this state

P1R Feby 9

P2R 12

Judiciary committee

Penn

 

Recommended for rejection by comt.

 

S. L. Hutchins of Hamilton County

 

[Text]

A bill to be entitled an act to regulate, govern, work and confine convicts and distribute convicts sentenced to penal servitude in the penitentiary of this State.

 

Sec. 1 Be it enacted by the general assembly of the state of Tennessee, that all convicts sentenced to penal servitude in the penitentiary of this State for the violation of the laws of this state, or who may after the passage of this act be sentenced to confinement at hard work in this state for any term of years, shall be imprisoned and confined in the county workhouse in any one or more of said counties, then it shall be the duty of the county court Judge of said county or counties, and justices thereof, to confine said convict in the county workhouse or workhouses of any other county or counties; provided, that all convicts sentenced to penal servitude in the penitentiary shall not be confined in the various county workhouses of this state for a longer period than ten years; but in no case shall convicts be carried beyond the limits of this state.

 

Sec. 2 Be it further enacted that all convicts confined as prescribed in the foregoing section of this act, in the various county workhouses of this state work out their respective terms of penal servitude at hard labor upon the public roads bridges and causeways of the counties aforementioned. But no convict shall work the public road who shall have been sentenced for a longer period than ten years; Such convicts as are or may be sentenced for a longer period than ten years, shall be confined within the walls of the penitentiary, to work at such trades, labor or industries as the general assembly shall provide by law, until the expiration of such term of service. And all convicts who shall be sentenced for a period less than ten years, shall work out their terms of service, for which they are or may be sentenced, upon the various public roads, bridges, and causeways of the counties of this state.

 

Sec. 3 Be it further enacted that this act shall in no event apply to convicts now leased or interfere with the present lease or Lessees of this state, but no convict shall be leased under the present lease, who may be sentenced [after] passage of this act; and at the expiration of the terms of convicts farmed out to lessees, all convicts shall be remanded and returned within the prison walls of the penitentiary to work out their sentences as the law directs; provided, the counties from which said convicts, so remanded, were sentences, shall pay the expenses of feeding, clothing, guarding etc, till their terms expire, but the state shall reimburse the counties for such expense from the proceeds of convict labor within the prison walls of the penitentiary.

 

Sec. 4 Be it further enacted, that the counties receiving the benefit of convict labor shall defray all expenses of medical aid feeding clothing, guarding etc of all convicts sentenced to county workhouses. Recapture, transportation, jail fees, etc shall be paid by the county or counties receiving the benefit of such labor.

 

Sec. 5 Be it further enacted, that the county courts of the various counties of this state, shall prescribe rules, regulations and discipline for the government and control of convicts and county workhouses, which shall be secure and substantial, and of adequate and sufficient strength and comfort to forestall escape and protect life and health of convicts confined within county workhouses. they shall have exclusive jurisdiction, over ofthe [sic] discipline, regulation, government and management of convicts and county work houses; and shall exercise inquisitorial power over the same.

 

Sec. 6 Be it further enacted, that it shall be the duty of the Judge of the county court and such Justices as the county court shall nominate to visit and inspect such workhouses as may be under their immediate care, and to bring up for the consideration of the county court such matters as need their attention.

 

Sec. 7 Be it further enacted that there shall be a county workhouse superintendent for each of the various county workhouses, who shall be chosen by the county courts of the counties of this state, who shall enter into and execute a bond for the faithful performance of their official duties, with two approved sureties in the sum of not less than ___ dollars nor more than ___ dollars, subject to the approval of the county court, who shall before approving said bond, require the sureties to justify; Said superintendents shall take and subscribe to an oath for the faithful performance of their official duties.

 

Sec. 8 Be it further enacted that any guard or other person having in his custody or under his care and control, any convict, who shall wilfully [sic] or negligently aid assist or suffer such convict to escape shall be guilty of a felony; and upon indictment and conviction in the circuit court having jurisdiction of the same shall be confined at hard labor for a term of not less than two years nor more than five years in the county workhouses of the county wherein said offense is committed.

 

Sec. 9 Be it further enacted than any guard or other person having in his custody, or under his care and control any convict or convicts, who shall maltreat, abuse or beat any convict or convicts, shall be guilty of a misdemeanor; and upon conviction of this offense, shall pay a fine of five hundred dollars, and be confined in the county workhouse at hard labor for a term of six months. Either or both of these penalties may be inflicted at the discretion of the court trying the cause [sic]; but no justice of the peace shall try a said offense, except as a committing court.

Sec. 10 Be it further enacted that all laws and parts of laws in conflict with this act be and the same are hereby repealed.

 

Sec. 11 Be it further enacted that this act take effect from and after its passage the public welfare requiring it.

 

S. L. Hutchins


HB 765 – GA 45, 1887 (Gooden—Sets guidelines for fair elections)

 

This bill is missing from the TSLA collection.

 


HB 868 – GA 45, 1887 (Hutchins—Ownership of public animals)

 

[On cover]

An act to amend sec 2758 of Art. 4 of Milliken & Vertrees Code

 

HB 868

P1R Mch 15

 

Refer to Judiciary Committee —

 

S. L. Hutchins of Hamilton

 

[Text]

An act to amend sec. 2758 of Art. 4 of Milliken and Vertrees Code —

 

Be it enacted by the general assembly of the state of Tennessee that sec/ 2758 of Art. 4 of Milliken and Vertrees Code be so amend [sic] as to read as follows:

Any person keeping a stallion, jack, bull or boar for public use shall have a lien on the offspring of the same. provided that it shall be a misdemeanor for the owner or any other person to sell of dispose of said offspring before the expiration of the time prescribed by law, during which such lien is to be enforced, and any person guilty of this offense shall pay a fine of not less than twenty five nor more than fifty dollars —

 

Be it further enacted that this act take effect on and from its passage the public welfare requiring it.

Hutchins

 


HR 9 – GA 45, 1887 (McElwee—Provides payment to House staff)

 

[On cover]

House Resolution No. 9

 

Taken up under Suspension of rules

& adopted Jany. 7.

 

Enrolled Jan. 7th /87.

 

 

[Text]

Resolved by the House of Representatives, That the treasurer is hereby instructed and authorized to pay William E. Brown, N. T. Dulaney, and B.F. Jones, who acted as sergant-at-arms [sic] and assistant sergant-at-arms during the organization of the House, the sum of twenty four dollars each.

 

Be it further resolved that he be instructed to pay James Dawson, Phillip Rees the sum of eighteen dollars each and Frank Harris the sum of twenty one dollars for services rendered, as porters, during the organization of the House—

 

And that Wm. Trager and Henry Wood be paid six dollars each for services as porter for two nights each.


HR 10 – GA 45, 1887 (McElwee – Provides members with $5 of stamps)

 

This bill is missing from the TSLA collection.
HR 37 – GA 45, 1887 (McElwee – Directs clerk to prepare a calendar)

 

[On cover]

37

House resolution No.

Adopted

Jany 18

Enroll

enrolled Jan. 18th 1887.

 

S.A. McElwee

 

[Text]

Resolved by the House of Representatives that the clerk be and is hereby directed to prepare and cause to be laid on the desk of each member of the House on every Monday morning a revised Calendar of the House showing the buisness [sic]—every resolution, bill, by whom introduced and the action of the House thereon.


HR 108 – GA 45, 1887 (Hutchins – Committee membership)

 

[On cover]

HR 108

 

Withdraw

 

Hutchins

 

[Text]

Resolved by the House of Representatives that Hon. S. A. McElwee of Haywood be added to the sub-committee to visit charitable institutions.

 

Hutchins

 


HR 126 – GA 45, 1887 (McElwee – Expresses gratitude for a concert)

 

[On cover]

House resolution

No 125 126

 

Adopted Feby 18

 

Enrolled Feb. 18th 1887.

 

S.A. McElwee

 

[Text]

Whereas, the complimentary concert given last night by the Alliance Club to the Members of the 45th General Assembly of this body—was in every respect a success and very much enjoyed by those who were present, therefore

 

Be it resolved by the House of Representatives that the thanks of this body is we do hereby tendered our sincere thanks to the members of the Club for the very interesting and successful concert, and that it is the sense of this body that they deserve great credit for the advancement that they have made in music.

 

We cheerfully commend them to the favorable consideration of the public and bespeake for them a bright future—

 

 

 

 


HR 159 – GA 45, 1887 (Hutchins – Authorizes sale of railroad bonds)

 

This bill is missing from the TSLA collection.


HJR 33 – GA 45, 1887 (McElwee—Commending the World’s

Exposition for Colored People in Birmingham, Alabama)

 

[On cover, Copy 1]

33

House joint resolution No

Adopted Jany 12

engross

 

Engrossed Jan 12th 1887.

 

S. A. McElwee

 

[Text, Copy 1]

Whereas, There will be a World’s Exposition held by the Colored people of the U.S. at Birmingham, Ala. commencing Sept. 22nd 1887 and continuing four months for the purpose of illustrating the progress of the colored race by a display of works of art, live stock, field products, machinery, manufactures, and all other articles raised, fabricated, produced or owned by colored people, especially throughout the U.S. of America, and inclusive of the colored race in all parts of the World; and whereas This Exposition would advance the interest of the race and tend in many respects and would also redound to the interest of the whole country, therefore

 

Be it resolved by the General Assembly of the State of Tennessee that we commend the project to the favorable consideration of the public, as one fraught with great interest to the colored race and the country at large.

 

Be it further resolved that we request our senators and representatives in Congress to consider favorably any measure which may come before that body looking to the advancement of the Exposition by appropriation or otherwise—

 

Be it further resolved that the Secretary of State be requested directed to forward a copy of these resolutions to our members in Congress—

 

 

[On cover, Copy 2]

H.J.R. No. 33.

 

Relating to Worlds Exposition to be Held by the Colored Race.

Adopted Jan. 12th 1887

Concurred in Jan’y 14

 

Enrolled Jan. 18th 1887.

 

McElwee

[Text, Copy 2]

Whereas, There will be a World’s Exposition held by the colored people of the United States, at Birmingham, Alabama, commencing Sept. 22nd 1887, and continuing four months, for the purpose of illustrating the progress of the colored race by a display of works of art, live stock, field products, machinery, manufacturies [sic], and all other articles raised, fabricated, produced or owned by colored people, especially throughout the United States of America, and inclusive of the colored race in all parts of the world; and

 

Whereas, This exposition would advance the interest of the race in many respects, and would also redound to the interest of the whole country; therefore,

 

Be it resolved by the General Assembly of the State of Tennessee, That we commend the project to the favorable consideration of the public, as one fraught with great interest to the colored race and the country at large.

 

Be it further resolved, That we request our Senators and Representatives in Congress to consider favorably any measure which may come before that body looking to the advancement of the exposition by appropriation or otherwise.

 

Be it further resolved, That the Secretary of State be directed to forward a copy of these resolutions to our members in congress.

 


HJR 83 – GA 45, 1887 (McElwee—Relating to colored cadets)

 

[On cover, Copy 1]

HJR 83

House joint resolution No.

Ref Com on Ed & CS Jany 29,

Recommended for rejection

Adopted Mch 14

Cooper Chairman

Refd com on Ed & CS Feb 17.

 

Reccommended [sic] again for rejection

 

Engrossed 14th Mch

 

S.A. McElwee

 

[Text, Copy 1]

Whereas, Colored Cadets are not received at the University of Tennessee and they cannot under our constitution be educated in the same schools and classes along with white cadets; and, Whereas, Fisk University, Central Tennessee College, Roger Williams University and Knoxville College are institutions established for the benifit [sic] of the Colored people of he State, and are located with reference to their convenience, therefore, Be it resolved by the General Assembly of the State of Tennessee that the trustees are directed and hereby instructed to pay to the Colored Cadets through the Presidents of either of these institutions the sum allowed cadets as tuition in the University of Tennessee.

 

Be it further resolved that the trustees of the University of Tennessee, in their biennial reports, to the Legislature be required to give the number of colored cadets in attendance upon these schools, the post office address of each and the name of the member of the legislature by whom appointed.

 

 

 

[On cover, Copy 2]

H.J.R. No. 83

Relating to Colored Cadets

 

Adopted March 14th 1887

Concurred in “ 19 1887

 

Enrolled 19th Mch.

 

McElwee.

 

[Text, Copy 2]

Whereas, colored cadets are not received at the University of Tennessee, and they cannot under our constitution be educated in the same schools and classes along with white cadets; and

 

Whereas, Fisk University and Knoxville College are institutions established for the benefit of the colored people of the State, and are located with reference to their convenience, therefore,

 

Be it resolved by the General Assembly of the State of Tennessee, That the Trustees of the University of Tennessee are directed and hereby instructed to pay to the colored cadets through the Presidents of either of these institutions the sum allowed cadets as tuition in the University of Tennessee.

 

Be it further resolved that the Trustees of the University of Tennessee, in their biennial reports to the Legislature, be required to give the number of colored cadets in attendance upon these schools, the post office address of each, and the name of the member of the Legislature by whom appointed.