Heiskell v. City of Knoxville

136 Tenn. 376
CourtTennessee Supreme Court
DecidedSeptember 15, 1916
StatusPublished
Cited by8 cases

This text of 136 Tenn. 376 (Heiskell v. City of Knoxville) 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
Heiskell v. City of Knoxville, 136 Tenn. 376 (Tenn. 1916).

Opinion

Me. Justice Fanohee

delivered the opinion of the Court.

We have two suits here presenting practically the same question. The Heiskell case will be first discussed.

This suit involves the constitutionalty of an act of the legislature of Tennessee, passed May 13, 1915 (chapter 688), the caption of which is as follows:

“An act pertaining to the waterworks of the city of Knoxville, to so amend the charter of said city as to provide for a waterworks commission, to define the duties and powers of such commission, and provide a method for their removal, to provide for the issuance hy said city of not more than five hundred thousand dollars of bonds to he a charge upon the waterworks system, for the construction of new plants [378]*378for the pumping, purification and storage of water and improvement of the present pumping and distribution system, and to authorize the sale of certain lands owned by the city to provide an additional fund for the construction of said plants and making said improvements, and to vest said city with the power of eminent domain for said purpose.”

The purpose of the bill was. to enjoin the waterworks commission, consisting of three members and elected by the board of commissioners of the city of Knoxville, from proceeding to execute said act. A demurrer to the- bill was. overruled by the chancellor, who, in an able opinion, held that this act was in con--flict with the third section of article 2, section 17, of the Constitution, which provides:

“All acts which repeal, revive or amend former laws, shall recite in their, caption, or otherwise, the title or substance of the law repealed, revived or amended. ’ ’

It is said that neither caption nor body of this act recites the title or substance of the law amended. One argument against the constitutionality of the act is that charters of incorporation for municipalities in this State may be -obtained under the general law, or by special statute of the legislature. Charters under the general law may be obtained applying to any given territory upon the application of fourteen freeholders and the holding of an election by the freeholders within a prescribed territory. It is said that the act now in question does not indicate whether the law [379]*379it proposes to amend is one under the general law or by special statute, and that there is no law in Tennessee known as the charter of the city of Knoxville.

A municipal charter obtained under the general law cannot he amended by a recitation of the title, because there is no title to such an incorporation; but, whether it be a charter under the general law or by special act, the substance of the law may be recited.

Furthermore, if it were necessary to refer to the title or caption alone, it would be necessary to refer to the exact act of legislation.

The learned chancellor correctly stated the requirement of article 2, section 17, of the Constitution. ' He said:

“The true test in all cases is that the amendatory act must either in the caption or the body of the act recite the title or substance of the law sought to be amended. ’ 1

There must be some index in the caption or otherwise that will lead directly and unerringly to the exact law sought to be repealed, revised or amended.

The charter of the city of Knoxville in reality is a special act of the legislature, being chapter 207 of the Acts of 1907, and other acts amendatory thereof, including the Act of .1911 (chapter 498.)

The Act of 1907 (chapter 207) has the. following caption:

“An act to incorporate the city of Knoxville, in Knox county, Tennessee, and to define the rights, powers, and liabilities of the same.”

[380]*380The Act of 1911 (chapter 498) refers to the Act of 1907 as the charter of the city of Knoxville, Tenn., and it provides:

“That the charter of the city of Knoxville, Tennessee, being- chapter 207 of the Act of 1907, of the general assembly of the State of Tennessee and the acts amendatory thereof, is hereby amended as hereinafter provided.”

The Act of 1907 (chapter 207) on the subject of waterworks, re-enacts certain provisions of a former Act of 1903 (chapter 153), which provides for waterworks and a waterworks commission, authorizing the city of Knoxville to build and own its own water plant, with power to issue bonds for that purpose.

The complainant -alleges .that there are several legislative acts constituting the charter of the city of Knoxville; that therefore in order to amend the charter of incorporation it will be necessary to recite the caption or substance of all of them. We think that this would require too much. Many amendatory acts would fail if such great particularity should be required. The subject of a law may be stated without referring to any particular act. The Constitution does not require that the ■ substance of each particular act, referring to it as a separate piece of legislation, should be recited. The purpose of this provision of the Constitution, as stated in many opinions, was to give the members of the legislature notice of what they are called upon to repeal, revise, or amend. This is an age of practical things. If a citation or reference [381]*381to a former law has such certainty that it will unerringly point to the subject of law sought to be amended so that the mind of lawyer and layman alike shall so understand it, this is a sufficient index regardless of mere formality. This act proposes to amend the charter of the city of Knoxville upon the subject of waterworks, and it cannot by any possibility refer to anything but the Act of 1907 (chapter 207) and amendments thereto. It is not necessary for us to define a city charter. All persons of intelligence know what that is.

Inasmuch as the act in question deals alone with the subject of the waterworks as affecting the city of Knoxville under its charter, what practical mind can fail to know the exact law which is amended? There is not a suggestion of uncertainty upon this point in this entire record. All parties to the suit and attorneys in the case, as well as the learned chancellor, who held the statute in question invalid, know and are bound to admit that the charter of the city of Knoxville, as embraced in the Act of 1907 (chapter-207) and amendments thereto, .constitute the. charter referred to in this amendatory act.

Suppose that this charter was one under the general law instead of. a special act. It could only be recited by showing the substance of the law, and we know of no more definite and certain way in which the law creating a municipal corporation can be referred to than to call it the charter of the given city. This would afford an index so that slight investigation would show whether it was incorporated [382]*382under the general law or by special act. The body of this act, as well as the caption, shows that the waterworks of the city of Knoxville, as provided for under its charter, constitute the subject of legislation and show that the act is amendatory of the charter in that respect. The act does not recite the title, hut it does recite the substance of the law amended, and under the authorities this is all that is required.

The caption of chapter 49 of the Acts of 1873 is as follows:

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Bluebook (online)
136 Tenn. 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heiskell-v-city-of-knoxville-tenn-1916.