Todtenhausen v. Knox County

132 Tenn. 169
CourtTennessee Supreme Court
DecidedApril 15, 1915
StatusPublished
Cited by14 cases

This text of 132 Tenn. 169 (Todtenhausen v. Knox County) 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
Todtenhausen v. Knox County, 132 Tenn. 169 (Tenn. 1915).

Opinion

Mr. Justice Buchanan

delivered the opinion of the Court.

This cause, for good and sufficient reasons to the court appearing, has been advanced and heard at our 1915 Jackson term, under the provisions of our statutes.

On May 1, 1915, August Todtenhausen, on behalf of himself and all other taxpayers of Knox county, filed [172]*172Ms original bill in tMs canse, seeking to restrain tbe sale of certain bonds issued by tbe county of Knox, under tbe authority of an act of tbe general assembly approved March 19,1915, and being chapter 117, Senate Bill 386, Private Acts 59, general assembly of the State of Tennessee.

The above act is entitled:

“An act to authorize Knox county Tennessee, acting through its quarterly court, to issue and sell $500,000 of its five per cent interest bearing coupon bonds for the purpose of building and repairing pike roads and bridges in said county; to provide for the payment of interest on said bonds, to pay off and retire said bonds at maturity, and to provide a sinking fund for said purpose; to create a good roads commission for said county, and fix and define its powers, duties, and responsibilities; to provide for the safekeeping and disbursement of the proceeds of the sale of said bonds, and to repeal all laws in conflict with this act. ’ ’

The defendants demurred to the bill, and the chancellor, on May 10,1915; sustained the demurrer and dismissed the bill. Todtenhausen appealed to this court, and by his assignment of errors, the following questions are presented:

First. It is said the act violates article 11, section 8, of the constitution of Tennessee, in that the act is a special one for the benefit of Knox county, and that said article of the constitution withholds from the legislature powers to suspend any general law for the [173]*173benefit of any particular individual, etc. There is no merit in this point. It has long been settled in this State that article 11, section 8, does hot withhold power from the legislature to pass laws empowering counties and municipalities to make contracts and to impose taxes for internal improvements, etc. Redistricting Cases, 111 Tenn., 287, 80 S. W., 750; State v. Wilson, 12 Lea, 246; Ballentine v. Pulaski, 15 Lea, 636; Williams v. Nashville, 89 Tenn., 487, 15 S. W., 364; Burnett v. Maloney, 97 Tenn., 697, 37 S. W., 689, 34 L. R. A., 541; Furnace Co. v. Railroad Co., 113 Tenn., 722, 87 S. W., 1016; Fisher v. Wilson, Mem., Sept. Term, 1911. In respect of such benefits conferred by special laws on municipal corporations and' counties, these governmental agencies are regarded as arms of the State government, and the benefits are considered as conferred on the public rather than on individuals. State v. Wilson, supra.

Second. It was averred in the bill of complaint, on information and belief, that the act in question was not passed in the manner required by section 18, article 2, of the constitution, and therefore that the act never became a law. When such a question as this arises, whether upon demurrer or other form of pleading, the judicial knowledge of the court is brought into play, and the journals of the house and of the senate are looked to, and from them the question is determined by the court. Therefore it is a mistake to suppose that the demurrer admitted the truth of the averment of the bill upon this point. “The demurrer does [174]*174not admit any matters of law suggested in the bill, or inferred from the facts stated; nor does it admit the arguments, the deductions, inferences, or conclusions set forth in the hill; nor does a demurrer admit allegations contrary to facts judicially known to the court. Upon the argument of a demurrer the bill alone must he looked to for the facts of the case except such facts as the court may judicially know.” See Gibson’s Suits in Chancery, section 304. In Webb v. Carter, 129 Tenn. (2 Thomp.), 196, 165 S. W., 426, we looked to the journals of the house and of the senate to determine whether a quorum was present, when, as was in that case insisted, an act was passed. See cases there cited, and see, also, article 2, section 21, constitution of Tennessee; section 5584, Shannon’s Code; State v. Swiggart, 118 Tenn., 556, 102 S. W., 75; People v. Mahoney, 13 Mich., 492; Turner v. Hooker, 36 Fla., 362, 18 South., 767. There is no merit in the insistence that we may not look to the journals of the two houses, because they have not been published in printed form. If necessary, we might look to the original journals. The journals are required to he kept by article 2, section 21, of the constitution, and under section 5584, Shannon’s Code, we may look to copies of the journals officially certified by the officer having custody of the originals, or the copies thereof purporting to have been printed by order of the legislature, or either branch thereof. We have before us copies certified as above, and from their recitals it is clear that the act here in question was passed in the manner required [175]*175by the constitution. It, therefore, results that the second insistence is unsound.

Third. Section 23 of the act in question is as follows :

“Be it further enacted that said good roads commission is hereby given full authority, control and supervision of all such roads as it shall elect to build or repair while said road is being constructed or repaired, after which time the control and supervision of said road shall belong to the regular road commission of Knox county. ’ ’

It is insisted that the legislation accomplished by section 23 above set out is not expressed in the title of the act, and violates that part of section 17, article 2, of the constitution which provides that:

“No bill shall become a law which embraces more than one subject, that subject to be expressed in the title.”

One of the purposes of the act expressed in its title is as follows:

“To create a good roads commission for said county, and fix and define its powers, duties and responsibilities.”

See the caption above copied. Manifestly section 23 of the act falls under, and is expressed by, the last above quoted part of the title, and section 23 in part fixes and defines the powers, duties, and responsibilities of the commission, so we think there is no merit in this point. But it is said that section 23 is void for uncertainty because it fails to fix the time at which [176]*176the good roads commission shall take control and supervision of the several roads which it may elect to build or repair, and fails to fix the time when the regular road commission of Knox county shall resume control and supervision of said roads, and creates doubts and uncertainty as to the rights, duties, jurisdiction, and powers of the regular road commission and of the good roads commission. It is to be remembered that section 23 is not the entire act. There are 24 sections in the act, and, reading the entire act, it is clear that its purpose is that the good roads commission shall take control of the roads which it may elect to build or repair when the funds have been provided by sale of the bonds, and when in the proper discretion of the commission the time has arrived for it to assume control.

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Bluebook (online)
132 Tenn. 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/todtenhausen-v-knox-county-tenn-1915.