Shelby County v. Exposition Co.

96 Tenn. 653
CourtTennessee Supreme Court
DecidedMay 28, 1896
StatusPublished
Cited by24 cases

This text of 96 Tenn. 653 (Shelby County v. Exposition Co.) 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
Shelby County v. Exposition Co., 96 Tenn. 653 (Tenn. 1896).

Opinion

Caldwell, J.

On the thirteenth day of January, 1896, the County Court of Shelby County, in regular quarterly session assembled, passed a resolution, in usual and proper form, appropriating twenty-[655]*655five thousand dollars of the county’s revenue, then in the county treasury or to be thereafter collected in due course of law, ‘ to provide for an exhibit of the resources of the county in the Tennessee Centennial and International Exposition, to be held in the city of Nashville during the current year 1896,” the fund so appropriated “to be administered” by the “County Court Centennial Committee,” composed of George B. Fleece, J. M. Coleman, N. C. Taylor, J. M. Goodbar, R. C. Graves, and N. C. Perkins, citizens of Shelby County, ‘ ‘ under such rules and regulations” as the Court should, ‘ ‘ from time to time, provide. ’ ’ On a later day of the same term the Court, by appropriate resolution, ‘‘ authorized ’ ’ its Chairman to issue warrants on the County Trustee “in payment of all orders for expenses incurred by the County Court Centennial Committee,” such orders to be first approved by that committee’s “executive committee.”

Some time thereafter the County Court Centennial Committee “was applied to by Miss Lida Thomas, Superintendent of Public Schools for Shelby County, for an appropriation of fifty dollars, to enable her to make an exhibit in behalf of the county schools at the approaching Centennial celebration, ’ ’ and ‘ ‘ George B. Fleece, one of the committee, having incurred certain traveling expenses in and about the execution of his duties as a member of said committee, amounting to twenty-five dollars, applied for a sum sufficient to cover the said expenses.” Both [656]*656of these claims- were properly approved, and the County Court Centennial Committee ‘‘applied to the Chairman of the County Court to issue his warrants for said sums, which he declined to do.” Thereupon the present action was commenced as an “agreed case.” The Tennessee Centennial Exposition Company and the several members of the Centennial Committee of the County Court of Shelby County being plaintiffs, and Shelby County and John J. Barry, Chairman of her County Court, being-defendants.

The plaintiffs “insist that it was the duty of the Chairman of said Court to have issued warrants upon the application mentioned above,” and seek to have him compelled by mandamus to issue them now; while the defendants “insist that the Chairman should not have issued said warrants, and that his refusal to issue them was right, under all the facts and circumstances of the case.”

The Circuit Judge “found the ,matter of law submitted to the Court, upon the agreed statement of facts, in favor of the plaintiffs and against the defendants,” and, thereupon, ordered and adjudged that the Chairman of the County Court of Shelby County “issue his warrant for fifty dollars, payable to Lida Thomas, and also issue his warrant for twenty-five dollars, payable to George B. Fleece,” and that such warrants, when issued, ‘ ‘ be delivered to . the committee appointed by the County Court, as set forth in the agreed case.”

[657]*657The defendants have appealed in error. There can be no reasonable doubt that the “expenses,” for which the Chairman was authorized to issue his warrants, were expected and intended to embrace all proper expenditures, whatever the form or nature, to be made by the committee in connection with the contemplated exhibit, and that the Court designed that all outlays which the committee should have the right to make should come within and be paid alone out of the appropriation of twenty-five thousand dollars; hence, in considering the right of the committee to demand warrants for the matters, or expenses, involved in this case, it becomes necessary to determine, in the first place, whether or not the appropriation itself was validly made.

If the appropriation was valid in the first instance, and nothing has since occurred to render it inoperative, the judgment of the Court below is clearly right.

County Courts, in this State, are creatures of statute merely, possessed of statutory jurisdiction alone, and wholly wanting in common law powers. All their powers emanate from the Legislature, and in granting those powers the Legislature itself must act within certain constitutional limitations. Railway Co. v. Wilson County, 89 Tenn., 597.

The appropriation in the present case was made under and by virtue of a special enabling Act, passed in February, 1895, which is as follows:

[658]*658“AN Act to empower County Courts to appropriate money for an exhibit at the Tennessee Centennial Exposition.
“SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the County Courts of the respective counties of Tennessee are hereby authorized and empowered to make appropriations of money to provide for an exhibit of their resources at the Tennessee Exposition, to be held in the city of Nashville, State of Tennessee, in the year 1896; and to prescribe ways and means, rules and regulations, governing the expenditure of any money so appropriated.
“Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it.” Acts 1895, Ch. 25.

If the exhibition of a county’s resources at the exposition mentioned is to be regarded as a county purpose, then this legislation is undoubtedly authorized by the first clause of Sec. 29, Art. II., of the State Constitution of 1870, which declares that £ ‘ the General Assembly shall have power to authorize the several counties and incorporated towns in this State. to impose taxes for county and corporation purposes, respectively, in such manner as shall be prescribed by law; and all property shall be taxed according to its value, upon the principles established in regard to State taxation.”

Obviously the Legislature may authorize counties and incorporated towns to appropriate money for county and municipal purposes, respectively, if it has [659]*659power to authorize them to impose taxes for such purposes; the power to do the latter, which is expressly stated, necessarily includes the power to do the former.

It follows, therefore, that the Legislature acted within its constitutional power in the passage of the Act mentioned, if the appropriations therein authorized to be made shall be held to be • for county purposes in the true sense; and in the latter event it follows, furthermore, that the said Act, being complete in form and substance, and free from other constitutional objections, afforded ample authority to the County Court of Shelby County for the making of the appropriation called in question in this case.

There is no exact rule by which the Courts may always determine what is, and what is not, a county purpose, or a corporation purpose, within the meaning of the provision of the Constitution just quoted. The question must be decided upon the particular facts of each case.

This Court has held the building of a railroad into a city to be a corporation purpose (Nichol v. Nashville, 9 Hum., 252); and likewise the building of a railroad near a city, when calculated to promote the interests of the city. McCallie v. Chattanooga, 3 Head, 318; Adams v. Railroad Co., 2 Cold., 645.

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Bluebook (online)
96 Tenn. 653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shelby-county-v-exposition-co-tenn-1896.