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
Passed 3d Reading
______________________
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.
9 – Be 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.
10 – Be 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.”]
11 – Be 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
and approved
______________________
Refer to Judiciary Comm.
Introduced Jany 11, 1881 P 1 R
P 2 R Mar 12
Rec. for rejection by comm
Poston
______________________
Recommitted
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
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
_______________
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
M.
Grizzard, En. Clk.
_______________
Norris
[Text]
An act to repeal, and act [sic], passed
Section 1st Be it enacted by the general Assembly of
the State of Tennessee, that an act passed
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
_______________
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
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
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
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
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
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.
“ 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
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
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]
[Text—Note:
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
entitled an act to amend an act passed
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
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
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
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.
P.
3rd R. “ 19, 1881
__________________________________
Senate: P—1—Mh 22
PII—Mh
25 JC
PIII—April
4
__________________________________
Enrolled
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
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
Section 1st Be it enacted by the General Assembly of
the State of Tennessee, that Section 3rd of chapter XV of an act
passed
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
Engrossed
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,
“ 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
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
Sec.
1st. Be
it enacted by the general assembly of the State of Tennessee, that section 15
of chapter LXXXIII of an act passed
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
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
Mollie Grizzard, Eng. Clk.
Norris, of Shelby.
[Text]
Insert Committee’s amendment as amended.
An act to amend an act passed
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
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.
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.
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
P – 1. R Jany 5.
Com on Education & Common Schools
_______________
Rec for rejection
P – 2. R. Jany 16
spo. Jany 23
spo Feby
spo Feby
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
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
_______________
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
approved
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
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
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
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
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
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
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
approved
passed
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
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
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
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
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
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
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
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_
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
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
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
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
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
Concurred in Jan’y 14
Enrolled
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
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.
