Crewse v. Beeler

212 S.W.2d 39, 186 Tenn. 475, 22 Beeler 475, 1948 Tenn. LEXIS 568
CourtTennessee Supreme Court
DecidedMay 3, 1948
StatusPublished
Cited by19 cases

This text of 212 S.W.2d 39 (Crewse v. Beeler) 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
Crewse v. Beeler, 212 S.W.2d 39, 186 Tenn. 475, 22 Beeler 475, 1948 Tenn. LEXIS 568 (Tenn. 1948).

Opinions

Mr. Justice Tomlinson

delivered the opinion of the Court.

The two questions for determination áre whether Chapter's 367 and 671, respectively, Private Acts of 1947 are vaiid enactments. These acts are applicable only to Polk County. The Chancellor adjudged each to be constitutional in all particulars. Complainants below by appropriate assignments of error in support of their appeal insist that each act is unconstitutional for any one of séverál reasons stated.

Chapter 367 is voluminous. It purports to create a three member board of County Commissioners and to transfer from the Quarterly County Court to this Board the administration of all governmental affairs of Polk County, except those duties and rights conferred upon the Quarterly Courts by the constitution. Its provisions are very similar to just such an act applicable to Shelby County and upheld by this Court in the lengthy and well considered opinion of Prescott v. Duncan, 126 Tenn. 106, 148 S. W. 229; and very similar also to such an act applicable to Knox County and upheld by this Court in 1937 in Troutman v. Crippen, 186 Tenn. 459, 212 S. W. (2d) 39.

Appellants say that Chapter 367 violates the one purpose' clause, Article 2, Section 17, of the constitution in that dt seeks “to accomplish á multitude of objects, changing entirely the administrative” etc.,- affairs of [481]*481Polk County. The governing principle applicable here is restated in Walmsley v. Franklin County, 133 Tenn. 579, 582, 182 S. W. 599, 600, as follows: “When a statute has but one general object or purpose, the subject is single, however multitudinous may be the means or instrumen-talities provided for effecting that purpose.”

The one purpose of Chapter 367 is to transfer the administration, as that word is used in its broadest sense, of the affairs of P.olk County from the Quarterly County Court- to this Commission, excepting only the powers given to the Quarterly Court by the constitution. The accomplishment of such single purpose necessarily requires that the act deal with a multitude of administrative details. That, however, is not inconsistent with the purposes being single. Prescott v. Duncan and Troutman v. Crippen, supra, seem to have foreclosed this question contrary to the insistence of these appellants.

The caption of the act involved in the Troutman Case is almost identical with the caption of Chapter 367. Eliminating unnecessary words, the language of the caption of the act upheld in the Troutman Case is:

“An Act to centralize, consolidate and reorganize county administrative affairs in (Knox County) . . . to create a Board of County Commissioners . . . ; to prescribe their duties . . . ; to anticipate revenues and borrow money . . . ; to authorize the employment by said Board of all subordinate officials . . . ; to divest the County Court of certain administrative and appointive powers and vest the same in the Board of County Commissioners and the departments created thereunder; to abolish certain offices and agencies (naming them) . . . and the transfer of certain of their powers, duties and functions as therein defined to the Board of County Commissioners . . . and to repeal [482]*482,all laws, and parts of laws in conflict with this Act.” Priv. Acts 1937, ch.. 183.

Appellants say, however, that the body, of this act goes beyond the caption, and vests the Board with legislative powers, in that it requires the Board to prepare an annual budget itemizing all county expenses and makes it mandatory upon the Quarterly Court to levy a tax sufficient to meet the financial requirements of that budget. It is insisted that such a requirement illegally deprives the Quarterly Court of its discretionary legislative powers in levying taxes, and further that this is not stated in the caption. The same argument was made and rejected in Prescott v. Duncan and Troutman v. Crippen. The Court in the Prescott Case quoting State ex rel. v. Powers, 124 Tenn. 553, 137 S. W. 1110, said [126 Tenn. 106, 148 S. W. 237] :

“We are furnished with no authority for the proposition that it is beyond the power of the legislature to delegate the taking power to a proper county agency other than the quarterly court, and we would be slow to reach such a conclusion.”

In the Troutman Case this Court in responding to the same insistence said:

“This contention is predicated upon the recital in the caption ‘to centralize, consolidate and reorganize County administrative affairs”. (Italics ours.) In law the word ‘administration’ is thus defined in Webster’s New International Dictionary; ‘In its broadest sense, the activity of the state in the exercise of its political powers, in-, eluding the action of the legislative, judicial, and executive departments.’ It was in this sense that the term ‘administrative affairs’ was used in the caption of the act.”

The Court then held:

[483]*483“Upon the assumption therefore that the Legislature intended to confer upon the hoard the power to levy taxes, we think the caption is broad enough, under the authorities cited, to cover that subject.”

We necessarily conclude that Chapter 367 does not violate our constitution in this respect.

It is also contended that Chapter 367 contravenes our constitution in that it suspends the general law by divesting the Quarterly Court of those powers given to the Quarterly Courts of all other counties (with exception of Shelby and, perhaps, a few others) by Code Section 10225 through 10268, and is class legislation. This insistence must be rejected under the authority of Trout-man v. Crippen, where the Court in disposing of the same contention said:

“This contention, as we understand counsel, is based upon the idea that in all other counties of the state, with the exception of Shelby County, the local affairs are administered by the county court, thus depriving the citizens of Knox County of the form of government prevailing in other counties. This identical situation was represented in Prescott v. Duncan, supra, where the same duties were transferred to a board of commissioners, with a few minor additions. The law was not changed by the 1937 act, and is the same as that in effect in the other counties. The status of the citizenry of Knox County is not affected by the statute. The only change is with respect to the instrumentality selected to administer the law. The constitution contains no restraint upon such legislative action, as was declared in Prescott v. Duncan.”

In Prescott v. Duncan, supra, it was held “that the Legislature may take from the county court all power not conferred upon it by the Constitution expressly or- by [484]*484necessary implication” (126 Tenn. at page 129, 130, 148 S. W. at page 234) and that “whether the Quarterly County Court in respect of the matters contained in the act in question shall remain the agency of local government is a matter for the exclusive determination of the Legislature” (126 Tenn. at page 134, 148 S. W.

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Crewse v. Beeler
212 S.W.2d 39 (Tennessee Supreme Court, 1948)

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Bluebook (online)
212 S.W.2d 39, 186 Tenn. 475, 22 Beeler 475, 1948 Tenn. LEXIS 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crewse-v-beeler-tenn-1948.