Maxey v. Powers

117 Tenn. 381
CourtTennessee Supreme Court
DecidedSeptember 15, 1906
StatusPublished
Cited by14 cases

This text of 117 Tenn. 381 (Maxey v. Powers) 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
Maxey v. Powers, 117 Tenn. 381 (Tenn. 1906).

Opinion

Mr. Justice Shields

delivered the opinion of the court.

The general assembly of Tennessee April 15, 1903 (Acts 1903, p. 1220, c. 424), passed an act for the purpose of redistricting Knox county, the caption and body of which are as follows:

“An act to abolish certain districts of Knox county, Tennessee, to redistrict county, to regulate the manner of increasing the districts in the county hereafter, and to abolish the offices of justices of the peace and other district officers in the abolished districts.
“Section 1. Be it enacted by the general assembly [384]*384of the State of Tennessee, that the second, fourth, fifth, ninth, twelfth, fourteenth, fifteenth, seventeenth, twentieth, twenty-first, twenty-second and twenty-third districts of Knox county, as the same have heretofore and up to this time been constituted and existing, be, and the same are hereby, abolished.
“Sec. 2. [This section merely attaches the territory of the districts abolished to certain of those left in existence, .and renumbers the latter.]
“Sec. 3. Be it further enacted, that the seventh, tenth and eleventh civil districts shall remain as they are now constituted by law, and retain the same numbers by which they are now designated, and also that the twenty-fourth civil district shall remain as now constituted but shall be known as the twelfth civil district of Knox county.
“Sec. 4. Be it further enacted, that the city of Knoxville shall have two additional justices of the peace, which shall be elected at the next regular election in 1906.
“Sec. 5. Be it further enacted, that no civil disk icts in excess of the twelve districts hereby created and established, shall be created out of any of the territory of said county, unless authorized by an act of the general assembly of the State of Tennessee.
“Sec. 6. Be it further enacted, that from and after the first day of September, 1906, the offices of the justice of the peace and of all other civil district officers in the districts abolished, be, and the same are hereby, abol[385]*385ished, and shall cease to exist, and the justices and other civil officers of the districts abolished by this act shall turn over to the justices and officers not affected by this act, all their docket books, papers and documents pertaining to their respective offices, that all law books, codes, acts of the general assembly, maps, etc., belonging to the county, shall within thirty days from the passage of this act, be delivered -to the clerk of the county court of Knox county: Provided, that the road districts may remain as heretofore constituted.
“Sec. 7. Be it further enacted, that this act take effect on the first day of September, 1906, the public welfare requiring it.” Chapter 424, p. 1220, Acts 1903.

The county court of Knox county, being uncertain of the proper construction and scope of this act, and doubtful of the power of the election officers of the county to hold an election for the election of the justices of the peace and constables for the county .as redistricted, at the general August election, 1906, because of the provision that the act should take effect September 1,1906, and the absence of a provision authorizing such an election, to prevent the confusion that might follow in the administration of the affairs of the county in the event no valid election should be held, and conceiving that, if the act did not take effect in any respect until September 1, 1906, the authority which it had theretofore had [386]*386under Code, section 78 (Shannon’s Code, sec. 96), authorizing the county court of any county to change the boundaries of any civil district and make new districts, or redistrict the county entirely when necessary, by means of commissioners appointed by the court, or otherwise, continued in it until that time, at its January term, 1906, made an order in the form of a resolution, a lawful quorum being present, redistricting the county precisely as had been done by the general assembly, save that the resolution provided that it take effect on the third Monday of July, 1906. This was a precautionary measure to secure a valid election in case the election commissioners were not otherwise authorized to hold an election for the election of justices of the peace in August, 1906.

The twelve civil districts created by the act of the general assembly and the resolution of the county court were and are unequal in area, wealth, and population, and the difference in these important particulars in many of them is quite great. The new third district, composed of the old thirteenth, fourteenth, and twenty-first districts, is eighteen miles long, about four and one-half miles wide, and contains a population of 5,911 people.

The defendants, J. Pike Powers, Jr., J. O. Ford, and J. 0. Sterchi, the election commissioners of the county, concluding that the county had been lawfully redistricted into twelve civil districts by the statute, .or the resolution of the county court, or both, in all things as set forth in those proceedings, held an election in and for the new [387]*387districts created for justices of the peace, constables, and other officers to be elected at the general election in August, 1906.

The complainants, Wm. Maxey and J. H. Simpson, citizens of the territory formerly constituting the thirteenth civil district, and, under the redistricting proceedings stated, now a part of the third civil district of Knox .county, and constituting one of the voting precincts of that district, were candidates for justice of the peace for the third district in that election.

The defendants I. 0. King and Monroe Johnson, who were citizens of the territory .formerly constituting the fourteenth civil district of Knox county, and now a part of the third district, were also candidates for the same office in that district. The vote for each of these candidates in the old thirteenth district was as follows:

Wm. Maxey, 41.
J. H. Simpson, 34.
Monroe Johnson, 112.
I. 0. King, 98.

That of each in the entire new third district was as follows:

Wm. Maxey, 63.
J. H. Simpson, 71.
Monroe Johnson, 652.
I. 0. King, 636.

William Maxey was a justice of the peace for the old thirteenth district as it existed before the redistricting proceedings; his term of office expiring September 1, [388]*3881906. or upon the election and qualification of his successor, as that district was not destroyed by the redistricting proceedings, but only other territory added to it, and its designation changed to that of the third civil district of Knox county.

This till was brought by complainants, William Max-ey and J. H. Simpson, against J. Pike Powers, Jr., J. O. Ford, and J. 0. Sterchi, as election commissioners, and I.

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Bluebook (online)
117 Tenn. 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxey-v-powers-tenn-1906.