Tennessee Conservation League v. Cody

745 S.W.2d 854, 1987 Tenn. LEXIS 974
CourtTennessee Supreme Court
DecidedSeptember 21, 1987
StatusPublished
Cited by3 cases

This text of 745 S.W.2d 854 (Tennessee Conservation League v. Cody) 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
Tennessee Conservation League v. Cody, 745 S.W.2d 854, 1987 Tenn. LEXIS 974 (Tenn. 1987).

Opinions

OPINION

THOMAS A. GREER, Jr., Special Justice.

This is a suit for Declaratory Judgment contesting the Constitutionality of the statutes regulating the hunting and taking of raccoons and training coon dogs. TCA § 70-4-112 and 70-4-122. The Constitutionality of this Legislation is challenged on two (2) grounds. The first ground asserts the respective statutes constitute an arbitrary, capricious and unreasonable exercise of the Legislature’s authority under Article XI, Section 13 of the Tennessee Constitution, in that it is not rationally related to the Constitutional purpose of “preserving and protecting” wildlife. The second ground asserts since it is not a valid exercise of the authority granted by Article XI Section 13, the geographical specificity of its application violates Article XI, Section 8 of the Tennessee Constitution.

The Chancellor upheld the Constitutionality of the statutes, finding that they were rationally related to the Constitutional purpose of “preserving and protecting” wild[855]*855life and since Article XI, Section 13 permits geographical specificity in Legislation on this subject, Article XI, Section 8, prohibiting “special” Legislation was inapplicable. Therefore, the Chancellor found the geographical specificity of the raccoon statutes did not render them unconstitutional. We concur with the Chancellor’s decision.

We must consider two material presumptions which must also be weighed on the scales of judgment. This Court has often held that it must resolve every reasonable doubt in favor of the Constitutionality of Legislative enactments and there is a strong presumption in favor of their Constitutionality. State ex rel Maner v. Leech, 588 S.W.2d 534 (1979). Rule 13(d) of our Rules of Appellate Procedure pronounces that finding of fact by the Trial Judges are presumed correct unless the preponderance of the evidence is otherwise.

Article XI, Section 8 of the Tennessee Constitution generally prohibits the Legislature from passing any law for the benefit of individuals inconsistent with the general laws of the land. It has been most generally described as prohibiting the passage of class Legislation, although the exceptions are so numerous the effect is greatly diminished except in the most arbitrary instances. This provision is almost identical to Section 7 of this Article in the Constitution of 1834, especially in relation to the prohibition here relied upon. Section 13 of this Article is as follows:

“The General Assembly shall have power to enact laws for the protection and preservation of Game and Fish, within the State and such laws may be enacted for and applied and enforced in particular Counties or geographic districts, designated by the General Assembly.”

This section originated with the 1870 Constitution. Few reported cases are to be found discussing this Section. The compelling impression by the specific words in Section 13 is the exemption of any law thereunder for the protection and preservation of Game and Fish from the limitations imposed in Section 8. It is true, the words “protection and preservation” place some restriction on the Legislature’s right to pass what might otherwise be determined to be class Legislation but there are no other limitations.

TCA § 70-4-112 was enacted in 1953 and provided that raccoons could be chased with dogs at any season of the year, but limited the killing to a season set by the State Wildlife Agency. TCA § 70-4-122 generally declares that it shall be unlawful to train coon dogs by chasing raccoons in West Tennessee except during the thirty (30) days immediately next preceding the opening of the season under the general laws of the State for hunting raccoons, but specifically excluded six West Tennessee counties from this provision. There were also, within the provisions of this section, nineteen counties where the rights were either further restricted or expanded from the general provisions thereof. In five of the nineteen counties the right to train coon dogs by chasing was further restricted and in fourteen the training of coon dogs and chasing of raccoons was expanded.

As previously stated, the general objection by the appellant is that the multitude of exceptions to the general rule in both statutes do not protect or preserve the game and fish of this State, and in particular the raccoons. It is unnecessary to attempt to summarize the testimony of all of the expert witnesses in this case. The apparent object of the testimony was to prove the two statutes in question did not and could not protect or preserve raccoons. One might conclude from this testimony the Legislature did not choose the very best means to protect and preserve the raccoon population. However, without question, it cannot be said these statutes do not “tend” to preserve and protect the raccoon population. This is the criterion by which a Court must determine whether there is any reasonable connection between the statutes and the purposes announced in the Constitutional provision.

Perhaps Article XI, Section 13 of the Tennessee Constitution, is an ideal subject by which rules of constitutional interpretation may be tested. At least this is true if the theory of original intent is con[856]*856sidered. It is now difficult to know the view held in 1870 of the desire or perceived desire to preserve and protect the wild game of this State. In 1870 counties were still paying bounties for animals then considered undesirable predators. Now, some of these same species are being protected or re-established. This is being done in accordance with present actual or perceived needs or values. We agree with TCL that original intent cannot be the guide to construe this provision of the Constitution, but conditions prevailing at and before that time may be circumstantially enlightening. The words used in the Constitution are very brief and general. Then and as now, it is evident many factors should be considered in restricting the geographical extent of any regulation in this matter. It requires little imagination to recognize the difference in need or wish to regulate chasing or taking raccoons or deer in downtown Nashville as compared to the river bottom land in West Tennessee or the mountains and hills of East Tennessee.

TCL contends the frequent changes in the law relative to raccoons is evidence of a careless disregard of this Constitutional mandate. If the Court has counted correctly, there have been 51 Acts of the Legislature affecting raccoons since 1955. During approximately one-half of the intervening time the Legislature met every other year. Perhaps the Federal Internal Revenue Code is the only other law so often amended. Frequence of amendment cannot be used as evidence of Legislative irresponsibility. It is most probably evidence of an attempt to resolve a problem with conflicting and variable objectives or intense petitions by citizens with different views and interests. These conditions are pervasive throughout all the Legislative halls of this country, and are not Constitutionally prohibited.

Although many of our immediate needs have changed since 1870, it would be most difficult to articulate a generally desirable Constitutional objective with more specificity than that used and which is the subject of this controversy. This is especially true where the changing circumstances and demands are so constant to require frequent amendments to keep a balance.

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Related

Mayhew v. Wilder
46 S.W.3d 760 (Court of Appeals of Tennessee, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
745 S.W.2d 854, 1987 Tenn. LEXIS 974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tennessee-conservation-league-v-cody-tenn-1987.