Ashe v. Leech

653 S.W.2d 398, 1983 Tenn. LEXIS 676
CourtTennessee Supreme Court
DecidedJune 20, 1983
StatusPublished
Cited by15 cases

This text of 653 S.W.2d 398 (Ashe v. Leech) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ashe v. Leech, 653 S.W.2d 398, 1983 Tenn. LEXIS 676 (Tenn. 1983).

Opinion

OPINION

DROWOTA, Justice.

This is an appeal from the judgment of' the chancery court holding constitutional Public Chapter 494 of the 1981 Acts of the Tennessee General Assembly. 1 Chapter 494 amended T.C.A. § 3 — 1—106 2 , which provides for expenses and mileage allowances for members of the general assembly.

In the spring of 1981, the 92nd General Assembly passed Public Chapter 494. This *400 act allows the members of the assembly an expense allowance 3 for “one (1) day preceding and one (1) day following [out of state conferences] if such days are required for travel purposes.” The act also increases the office expense allowance from $166.15 4 per month to $250 per month. As originally passed by the assembly, House Bill 146 provided that both the office expense allowance amendment and the out-of-state conference allowance adjustment would take effect upon becoming law. After the bill’s passage by both houses, however, and after the bill had been delivered to the governor for his consideration, the attorney general, on April 7, 1981, issued an opinion stating Senate Bill 585 (the verbatim counterpart to House Bill 146) violated Article II, § 23, of the Tennessee Constitution 5 , because it purported to increase office expenses during the term of the general assembly which enacted it. Because of this opinion, the bill’s sponsor, Hon. Shelby Rhinehart, without any vote by the members of the House of Representatives, directed the clerk of the House to recall House Bill 146 from the governor’s office. The clerk did so, and the governor complied with the request. The bill was amended to provide that the increase in office expenses would take effect only after the November 1982 election, as provided by Article II, § 23. Since the attorney general had said nothing about the out-of-state conference allowance, the provision regarding those expenses took effect upon the bill’s becoming law.

Victor H. Ashe, a Tennessee State Senator, filed suit on August 3,1981, challenging the constitutionality of Public Chapter 494. The complaint sought injunctive and declaratory relief against enforcement of the act. The complaint alleged the act was unconstitutional because it was irregularly enacted and because it violated Article II, § 23, of the constitution. Regarding the irregular enactment, the Plaintiff contends it was constitutionally improper to recall the bill from the governor’s office without prior approval of the House or the assembly. The Plaintiff also contends that, since the legislators, under the act, receive two days of expense payments which they have not received in the past, the act provides for an unconstitutional increase in expenses. The case was originally heard on cross-motions for summary judgment, supported by the Defendants’ answers to Plaintiff’s requests for admissions, a lengthy stipulation of facts and a single affidavit. After argument, the chancellor granted the Defendants’ motion for summary judgment on the ground the Plaintiff lacked standing to sue. This Court reversed that ruling on appeal and ordered a remand to the chancery court for further proceedings.

On remand, the State filed an answer to the complaint, and the case was tried on stipulations. The chancellor ruled for the Defendants on the merits, holding the statute was not invalid even though it was recalled from the governor upon request of a member of the House without any vote of that body. The chancellor noted the constitution is silent about the proper method for recalling a bill from the governor’s office, and he concluded the recall procedure used did not rise to constitutional dimensions. The chancellor further held the apparent “increase” in expenses authorized by § 1 of the act was not, in fact, an increase because the legislators were already entitled to reimbursement for their out-of-state conference expenses before the enactment, and the amendment merely “clarifies an ambiguity in how the legislators’ expenses were to be paid by specifying that they would receive a per diem travel allowance.” This direct appeal followed. As the sole deter *401 minative question is the constitutionality of Chapter 494, T.C.A. §§ 16-3-201 and 16-4-108 provide for this Court’s jurisdiction.

We address, first, the Plaintiff’s contention that the bill’s recall from the governor’s office without express direction by the assembly violated the constitution. The Plaintiff points to Article II, § 18 6 and § 19 7 as the provisions infringed upon. We would agree these sections protect, among other things, the deliberate consideration of legislative matters, as the Plaintiff suggests. These sections also provide the criteria by which this Court makes its determination of an enactment’s validity. But the Plaintiff would have us infer from these sections a prohibition against the method of recall used by the House. This we cannot do. For, in reviewing the actions of a coordinate branch of our government, we, too, are bound by the constitution, both in the nature and extent of our inquiries and in our obligation to show the specific provision which is violated. And while it is the province of this Court to interpret the constitution of this state, we have neither the authority nor the power to alter that document or to impose such a meaning upon its words as is clearly outside the bounds of reasonable construction. Sections 18 and 19 do not, in the remotest way, proscribe this manner of recall.

Our review of the validity of an act is accompanied by every reasonable presumption favoring the regularity of the passage of the act, and the act will be upheld unless the journals affirmatively show the absence of some constitutional requirement. Fuqua v. Davidson County, 189 Tenn. 645, 227 S.W.2d 12 (1949). It is clear from Fuqua and other opinions of this Court on this same issue, see, e.g., State v. Dixie Finance Co., 152 Tenn. 306, 278 S.W. 59 (1925); State ex rel. v. Algood, 87 Tenn. 163,10 S.W. 310 (1889); Nelson v. Haywood County, 91 Tenn. 596, 602, 20 S.W. 1 (1892), that the courts of this state will look no further than the House and Senate journals in reviewing the enactment. And in looking to these journals, we are concerned with express constitutional requirements. Those journals do show House Bill 146 was recalled from the governor’s office. But this matter is placed in the journal at the discretion of the assembly, as no provision in the constitution directs that it be entered and no provision of the constitution requires the recall of a bill be executed in any specific manner. The constitution leaves much to the discretion of the legislature. To the extent the constitution says nothing about the way certain matters are to be handled in the legislature, or in any of the branches of our government, such matters are within the discretion of that governmental body.

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Bluebook (online)
653 S.W.2d 398, 1983 Tenn. LEXIS 676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashe-v-leech-tenn-1983.