Chambers v. Marcum

255 S.W.2d 1, 195 Tenn. 1, 31 Beeler 1, 1953 Tenn. LEXIS 293
CourtTennessee Supreme Court
DecidedFebruary 6, 1953
StatusPublished
Cited by8 cases

This text of 255 S.W.2d 1 (Chambers v. Marcum) 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
Chambers v. Marcum, 255 S.W.2d 1, 195 Tenn. 1, 31 Beeler 1, 1953 Tenn. LEXIS 293 (Tenn. 1953).

Opinions

Mr. Justice Burnett

delivered the opinion of the Court.

This appeal is by the defendant below from the action of the Chancellor, declaring unconstitutional Chapter 600 of the Private Acts of 1951 and Chapter 265 of the Private Acts of 1943, which undertook to fix the compensation of the County Judge of Scott County for his duties in acting as the financial agent and chief accounting officer of the ' county. The Act applies to those counties of the 'State having a population of not less than 15,960 nor more than 15,975 by the Federal Census of 1940. It is conceded [5]*5liere that the Act applies only to Scott County. Under the provisions of the Act, the County Judge’s salary, for his duties as financial agent and chief accounting officer, is fixed in the 1943 Act at $1200' per year while in the 1951 Act (this is merely an amendment of the 1943 Act) his salary was increased to $1800 per year.

The Chancellor held the Acts in question invalid because the Acts attempted an exception to the general law. The general law on the subject is codified .as Code Section 771 of the Annotated Code of 1932 as follows:

“For his services as financial agent, the county judge or chairman shall receive such compensation as the county court may order; but the chairman of the county court shall receive no compensation, when absent from the court from .any other cause than sickness or unavoidable accident.”

It was the idea of the Chancellor that in the acts which are attacked the Legislature was attempting to fix this compensation of the County Judge when the general law gave this right and authority to the county court of the county where the judge or chairman sat, and that by doing so the Acts in question were in violation of Section 8 of Article XI of the Constitution, and since they were in violation of this Section they were unconstitutional. Section 8 of Article XI of the Constitution of this State reads in part as follows:

‘ ‘ The Legislature shall have no power to suspend any general law for the benefit of any particular individual, nor to pass any law for the benefit of individuals, inconsistent with the general laws of the land; nor to pass any law granting to any individual or individuals, rights, privileges, immunities, or exemptions, other than such as may be, by the same [6]*6law, extended to any member of the community

So the question to be resolved by this Court is whether or not Private Acts under attack fixing the amount of the compensation to be paid the County Judge for his services as fiscal agent violate Article 11, Section 8 of the Constitution of Tennessee by suspending the general law, Section 771, Code of Tennessee, for the benefit of an individual.

We do not think that the Acts in question violate this Article of the Constitution: (1) Because these Acts affect Scott County only with respect to its county government and thus, while they are special laws, they are not unconstitutional because they are a fair exercise of the constitutional legislative power of special legislation; (2) and because the private laws in question do not suspend any general laws, being enacted pursuant to a provision in the general law, 'Section 10679, Code of Tennessee. This Code Section reads:

“County judge’s salary. Each county judge, where such judge is provided for by law, is entitled, when not otherwise stipulated, to receive five dollars per day during the sitting of the monthly and quarterly courts, and such additional compensation as the several quarterly courts may appropriate in payment for his services, to be paid quarterly out of the county treasury upon his own warrant. ’ ’

The term in this Act “when not otherwise stipulated” was added in 1932 when the 1932 Code was adopted.

The private laws under attack fix a certain amount of compensation for fiscal services of the County Judge. The general law, Code, Sec. 771, does not fix any amount of compensation for these services. If the general law fixed a certain amount of compensation and the private [7]*7law undertook to fix it differently, or, if the general law provided certain fees for certain work and the private law provided compensation by salary without regard to the work done, or provided greater fees in one county than in another, it could he said that the private law would he in conflict with the general law and should be stricken down. But the private law does not do this. It simply provides compensation for the services rendered.

It seems to us that Code Section 771 had not been suspended for the benefit of any particular individual, (1) because it does not appear in this record that the public official at present occupying the office of County Judge would receive more compensation under the Private Act than was received under the general law, and (2) the Act does not confer benefits upon an individual, it provides compensation at a reasonable rate to the occupant of the office of County Judge of Scott County, who, under the laws and constitution of this State, can be any one of any number of people. Where the law is as general in application as this law must be, applying to whomever may occupy the office of County Judge, it cannot be said that it is a law which suspends the general law “for the benefit of individuals, inconsistent with the general laws of the land”.

In further considering the question now under discussion, that is, whether or not the Acts in question suspend the general law “for the benefit of individuals” we should and do take into consideration that the record in this case is silent as to whether (1) the County Judge was benefited by the Act; and it is likewise silent as to whether or not he was receiving as much compensation by operation of the general law as he received by provisions of the special law. Under the special law he [8]*8receives compensation while under the general law the Quarterly Court may not have been providing compensation, at least the record does not show that he was being provided compensation.

Clearly the County Judge is entitled to some compensation for his services as fiscal agent. We cannot presume, so as to hold a legislative act unconstitutional, that the County Judge receives more compensation under the private law than he receives by appropriation of the Quarterly County Court. Presumptions are always in favor of the validity of the Act.

The Legislature of 1877 in enacting what is since carried in the Code as Section 771 only provided in that Section that the Quarterly County Court might appropriate money for the purpose under discussion but the Legislature certainly did not denude itself of control over the subject; in spite of this general law, as we see it, the Legislature still had the right to fix reasonable compensation for the services rendered by the official regardless of what county he was in.

We think that under Code Section 10679 above quoted that by this Act these fiscal duties of the County Judge may be fixed by the Quarterly County Court, that is, when they are not fixed by a special law. The special law under examination does not operate against any general law, it being in regard to a governmental matter and is constitutional.

Under Code Section now under discussion, Code, Sec.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Franks v. State
772 S.W.2d 428 (Tennessee Supreme Court, 1989)
Waters v. STATE, EX REL., SCHMUTZER
583 S.W.2d 756 (Tennessee Supreme Court, 1979)
State v. Charlton
465 S.W.2d 502 (Supreme Court of Missouri, 1971)
Hi-Pro Fish Products, Inc. v. McClure
224 F. Supp. 485 (E.D. Arkansas, 1963)
Bayless v. Knox County
286 S.W.2d 579 (Tennessee Supreme Court, 1955)
State ex rel. Howard v. Register
280 S.W.2d 934 (Tennessee Supreme Court, 1955)
O'NEAL v. Mavrakos Candy Co.
263 S.W.2d 430 (Supreme Court of Missouri, 1953)

Cite This Page — Counsel Stack

Bluebook (online)
255 S.W.2d 1, 195 Tenn. 1, 31 Beeler 1, 1953 Tenn. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-v-marcum-tenn-1953.