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PART III.

TENNESSEE PROBLEMS.

CHAPTER XXIII.

PUBLIC OPINION AND CONSTITUTIONAL AMENDMENTS.1

Public

In order to ascertain what is the state of public opinion 312. upon a given subject, obviously it is necessary to consult a large Nature of proportion of the individuals who compose the public. It is Opinion. true, however, as President Lowell says, that the intense, earnest advocacy of a very few people may become true public opinion in the face of an indifferent multitude, and that this opinion may be taken as representative of what the many would call for were they so acquainted with conditions as to feel any desire either for or against the particular proposition. Just in what particulars the Tennessee constitution may need alteration is scarcely a question upon which the majority of men and women of the state have taken time to inform themselves and consequently to possess an opinion. But there are many citizens who have given evidence of especial interest in public questions gen

1Concerning Tenn. constitutional needs as discussed a decade and more ago, see Caldwell, J. W., Constitutional History of Tennessee, ch. XIII. The Proceedings of the annual meetings of the Bar Association of Tennessee contain a number of interesting papers and reports.-Hood, R. N.. Constitutional Convention, 1887. p. 184; Fentress, Francis, Some Needed Changes in Our State Constitution, 188, p. 188; Shepherd, S. J., Evils of the Present System of Taxation, 1889, p. 130; Malone, J. H., Necessity for Revision of Our Laws both Constitutional and Statutory, 1893, p. 167; Caldwell, J. W., Constitution-Making in Tennessee, 1894, p. 72; Malone. J. H., President, Address, 1902, p. 37: Reports of Committees to agitate the calling of a constitutional convention, 1895, p. 21, 1896, p. 33 (see, also. p. 39), 1897, p. 51 (see, also, p. 61). Pamphlets,-Manogue, R. E., Why Tennessee Needs a New Constitution, (1897); Milton, G. F., Constitution of Tennessee, 1897. Several articles in The Taxpayer, 1895-6. Recent pamphlets, Malone, J. H.. Why Tennessee Needs a New Constitution; McWhorter, J. L., What is the Matter with Tennessee; Acklen, J. H., The Workingman in Politics. See, also Governmental Reorganization, a Constitutional Need in Tennessee, by the present writer, Tenn. Hist. Maga., II, 89.

2Public Opinion and Popular Government, ch. 1.

313.

Taxation.

erally and in the revision of the constitution at the present time and whose thoughts may therefore be considered as somewhat typical of the public opinion, actual or potential, of the electorate at large.

For the preparation of this chapter, therefore, about one hundred and seventy-five such citizens were asked to state the half-dozen ways in which they thought the state constitution stood most in need of amendment. From the varied and interesting, though not very numerous, replies received, and also from newspaper remarks and general sources of information, the following are believed to be the constitutional reforms most in demand at the present time,

(1) A change in the tax system; (2) Changes in county gov ernment; (3) Abolition of the system of remunerating county officials by fees; (4) Various changes in machinery for the administration of justice; (5) Changes in the constitutional provisions governing the legislature and legislation, notably the abolition of special legislation for cities and counties, and (6) An increase in the functions and powers of the governor and administrative departments of the state. In addition to the suggestions for the accomplishment of which constitutional changes are necessary, many correspondents insist that the constitution should contain provisions requiring certain reforms, especially the abolition of the fee system. The repeated failure of the legislature to enact some of these reforms has doubtless furnished a very reasonable argument for making them mandatory by the state's organic law.

The most fundamental and far-reaching of the suggestions for tax reform urged that the constitution should contain no obstacle to the introduction of the single tax upon land values so soon as the people should desire it. This proposal was frankly coupled with the advocacy of the changes in land holding inherent in the single tax philosophy. More in keeping with the trend of present-day opinion, however, was the advocacy, on the part of several correspondents of the separation of the

"The persons selected were believed to be men who would have opinions: 56 answers were received and also a number of letters stating that the writers were without opinions or did not wish to state them. There were 19 replies from lawyers. 11 from business men and bankers, 7 from editors, 4 from educators, 15 miscellaneous.

4See Henry George, Progress and Poverty.

sources of state and local revenue. The constitution should, to
quote one of them,

authorize changes in our laws controlling taxation, so that the state
would get all of its revenue from the taxation of public utilities, com-
panies and corporations, including resident and non-resident insurance
companies, and privileges of all kinds, and provide that no county tax
of any kind should be levied upon this class of property. Then let the
counties provide for the assessment and collection of all property with-
in their limits, but [let] the taxation of personal property, such as notes,
securities, etc., be placed upon an income basis, and not . .
for both county and municipalities ten per cent of the income.

exceed

The classification of property for taxation at different rates seems to be generally urged by business men. As a prominent banker puts it, the

Constitution should permit the Legislature of Tennessee to exempt from taxation certain classes of property and to classify the property and tax it at a different per centum.

Many would doubtless exempt intangible property entirely be cause it has no intrinsic value and its taxation must result in a second taxation of the same value." Double and even triple or quadruple taxation is sometimes required by the present tax system. The exemption of Tennessee state and local bonds is advocated in order that there may be a home market for them and that they may be floated at low interest rates.

On the other hand many people seem to continue their faith in the general property tax and seek rather to strengthen it by decreasing the number of exemptions and rendering more efficient its administration. Greater freedom of localities in tax matters, limitations of the rate for all purposes to one per cent. and the exemption of unmined minerals and standing timber were among the other proposals."

There seems to be some public opinion in favor of other financial reforms, especially the prohibition of city and county bond issues except when authorized by vote of the local elec

"An exception to this statement may be found in the value of an increased circulating medium which the issuance of inherently valueless bank notes, for instance, creates. The value lies in convenience not in property.

The testimony of numerous citizens and officials is found in the Proceedings of the Public Meetings of the Committee to Investigate Assessment and Taxation (1915)-in the office of the state archivist. See also Report of the Committee.

314.

Finance.

315.

County

torate and a constitutional limit of the amount of such issues to a fixed proportion of the assessed value of the property within the city or county. The following is a statement of a sig nificant but infrequent proposal,

The financial officers of the state-the Governor, Treasurer and Comptroller-should be required to prepare and present to the General Assembly at the beginning of each session a "budget" of necessary appropriations that should be made to maintain the state government till the meeting of the next legislature. The method and system of the English Parliament should be followed, as far as possible.

That there should be changes made in the present system of county government appears to be the nearly universal belief. Government. Many favor putting an end to legislative control over county affairs by means of special laws and the limitation of legislative enactment to statutes either of universal application for county government or else applying to classes of counties determined. by the constitution. Others would accord to counties the power to legislate in their own behalf on such purely local matters as stock, fence and road laws. A few people mention the advisability of reducing the number of officers and courts in the smaller counties."

No one denies that the county court as at present constituted is too unwieldly for an administrative agency, but there is disagreement as to whether it should be reduced by means of decreasing the number of civil districts in the county, by creating a small executive board to act under supervision of the court, or whether it should be superseded by straight-out commission government. "Abolish the County Court," says one correspondent,

and in its stead, elect three to five commissioners, (according to size of County) to conduct the finances of the County; no man to be qualified to run for the office of County Commissioner until he has first passed a Civil Service examination to be held by a State Board of Examiners, (appointed by the Governor); examinations to be held by said Board once each year in the County seat. Those only, who successfully pass such examination to be eligible to run for the office.

'See especially VI, 13, 15; VII, 1.

The court is composed of district representatives, usually upwards of 20. In practice its work is done by committees, similar to legislative committees. 'Shelby Co. (Private Acts of 1911. ch. 237) has a board of county commissioners, with specified powers, in addition to its county court.

Among other suggestions, are longer terms of office and increased supervision over local affairs, especially the local performance of such state functions as law enforcement, by the state administrative officials.

3

Probably no change is more widely insisted upon than the abolition of the fee system of remunerating county officials. Instances are on record of fees to a single official running above $50,000 a year. The county court clerk of one of the larger counties is reported to have testified before a recent state committee that he was well satisfied with his job and to have intimated that if the state would only let the fee system alone while his term should continue, he would be financially well-fixed for life. Estimates of the amount of fees made by private individuals have frequently been criticised as excessive by incumbents in office, but the latter have shown little disposition to disclose the extent of the excess. Indeed, the feeling seems to be widespread among local office-holders that it is none of the public's business to know how public offices are run, but that election to office gives the successful candidates a sort of privilege to live on the public and take all they can get during their terms. The fee problem thus becomes one of great importance from the point of view of administration. Opinion is divided between allowing all officers a specified salary on the one hand, and on the other hand permitting them to receive their present fees, but requiring them to pay into the public treasury all over a certain amount. Says a recent editorial,

If a constitutional convention should accomplish nothing more than a reformation of the fee system it would amply justify itself.

316. Fee System.

Administra

Justice.

Discontent with the present administration of justice seems 317. to be shared by nearly everyone who has considered the matter. tion of It extends from the jury system-especially the requirement that jurymen cannot be drawn from an outside county,5-to the highest court of the state. One correspondent says,

2After nearly a year spent in investigation of the fee system, the tax commission of the Tennessee Manufacturers' Association so reported in 1914. See, e. g., Journal and Tribune, Sept. 20.

Proceedings of the Public Meetings of the Committee to Investigate Assessment and Taxation (1915), p. 129,

"Knoxville Sentinel. Feb. 22, 1916.

The difficulty results from the rule that jurymen are disqualified if they have read a newspaper account of the crime. See Acts of 1899, ch. 383.

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