THE PRESIDENT'S ADDRESS.

ED BAXTER.

Gentlemen of the Bar Association. of Tennessee :

The "most noteworthy changes in statute law, on points of general interest," made by the General Assembly of the State of Tennessee during the preceding year are the following:

I.

The act approved March 11, 1893, Chapter 6, Acts of 1893, provides that all fees, costs, emoluments, perquisites, and commissions now "appendant," or that may hereafter accrue from any source whatever, to the office of Secretary of State, the office of State Treasurer and Commissioner of Insurance, and the of fice of Comptroller, shall be the property of the State; and that each of said officers shall collect said fees, costs, emoluments, perquisites, and commissions, and pay them to the Treasurer, to be used as a part of the revenue of the State. Said act further provides that there shall be no fees of any kind "attached or appendant to the office of Governor." The salary of the Governor is fixed at $4,000 per annum, the salary of Secretary of State at $3,000, and the salaries of the Treasurer and Comptroller at $3,500 each.

As might have been expected, as soon as the Legislature deprived those officers of the fees heretofore allowed them for the performance of extra duties imposed upon them, they began to have themselves relieved of those duties as fast as possible. By an act approved April 10, 1893, the Treasurer was relieved of the duty of examining in person the building and loan associations of the State. He was authorized, however, to appoint for that purpose an expert, who is to be paid $25 for each examination, and $3 per day for expenses. (Chapter 114.) By an act approved April 7, 1893, the Governor was authorized to appoint

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a private secretary, with a salary of $1,200 per annum. (Chapter 134.)

It is doubtful whether the State will save any money by the change. The number of State officials will certainly be increased. The change was probably made to meet the views of those who thought that the compensation heretofore received. by the Comptroller and Treasurer was too much for the services performed.

II.

The State Librarian is hereafter to be appointed by the Governor, instead of being elected by the Legislature, as heretofore. (Chapter 92.)

III.

The Governor is authorized to call out, maintain, and use military forces to repel invasions, or to suppress insurrections, mobs, and other like unlawful assemblages.

The Governor is empowered to call to his aid the Sheriff of each and every county in the State, with such posse or number of citizens as may be designated in the summons. The Governor may also call to his aid the National Guard of Tennessee. Any Sheriff or citizen who refuses or fails to obey the summons of the Governor, or who deserts the service, is liable to a fine. of from $10 to $50, and to imprisonment not exceeding thirty days. (Chapter 149.) The Legislature appropriated $45,000 to provide for the maintenance of the National Guard. (Chapter 150.) In this measure we find the germ of the standing army. But when powerful associations, numbering hundreds of thousands of members, organize to resist or defy the laws of the State, the question arises, Can they be suppressed otherwise than by the use of the much dreaded standing army?

IV.

Several acts were passed for the protection, in certain counties, of deer, wild turkeys, quails, partridges, pheasants, and other game birds; also to protect birds of song, and birds known to destroy insects.

Laws to protect fish in several counties were passed. The

appointment of a fish commissioner for each county in the State was provided for; and, among other things, he was charged with the duty of seeing that violations of the fish laws are promptly and vigorously prosecuted.

These game and fish laws indicate a marked improvement in public sentiment in favor of the preservation of what should be one of the main food supplies of the people; and the poorer classes are to be most benefited by the enforcement of such laws.

V.

Each head of a household is required to report to the municipal or county health officer, any case of cholera, small-pox, yellow fever, or other "communicable" disease which is suspected to exist in his family.

Physicians are also required to report all suspected cases of such diseases.

The municipal and county health authorities are required to carry out all such quarantine regulations as may be prescribed by the State Board of Health.

The school authorities are required to exclude from the public schools any pupil who is an inmate of a house where such diseases are supposed to exist.

Other sanitary regulations are prescribed, and their observance is enforced by adequate fines and imprisonment. (Chapter 152.)

Upon the nomination of the State Board of Health, the Governor is directed to appoint a State Veterinary Surgeon. The State Board of Health is given supervision of all "communicable" diseases among domestic animals within the State or in transit through the State, and they are empowered to establish quarantine against any animals thus diseased, or that have been exposed to others thus diseased, and to make regulations for the suppression of said diseases. They may order the destruetion of any animal so diseased; but the value of the animal, in its diseased condition, must first be appraised, and the appraised value constitutes a county charge. (Chapter 180.)

These sanitary measures indicate a marked improvement in public opinion, in favor of protecting the health of the people

and of the valuable live-stock, for which Tennessee has acquired a world-wide renown.

VI.

Any person who shall unlawfully and carnally know and abuse a female under the age of twelve. years, shall, on conviction, be punished as in a case of rape.

Any person who shall unlawfully and carnally know a female over the age of twelve years, and under the age of sixteen years and one day, shall be deemed guilty of a felony under the statute relating to rape. And any procuress, parent, guardian, or person having the care or custody of such female, who permits, consents to, aids, encourages, abets, or connives at, the commission of the crime, shall be deemed a principal in the crime.

But the provision relative to females over twelve years of age, does not apply where the defendant and such female are husband and wife, or where the female is, at the time, and before the carnal knowledge, a bawd, lewd, or kept female.

No conviction shall be had upon the unsupported testimony of the female, and evidence of the female's reputation for want of chastity at and before the commission of the alleged offense, shall be admissible in behalf of the defendant when the female is over twelve years of age. (Chapter 129.)

It is unlawful to employ any child less than twelve years of age in any work-shop, mill, factory, or mine in this State. (Chapter 159.)

These provisions for the protection of youth and innocence were prompted by the most praiseworthy motives. But if Potiphar's wife had been over twelve and under sixteen years of age, and Joseph had been convicted under such a statute for yielding to her charms, I doubt whether the judgment of mankind would have approved the wisdom of the law.

VII.

The charters of all municipal corporations having a population of over 75,000 were amended so as to authorize them to take, condemn, and appropriate, upon payment of damages, ground adjacent to or in the vicinity of the city, for dumping garbage or other offal. (Chapter 141.)

The dumping of garbage and offal adjacent to or in the vicinity of large cities is extremely hazardous to the health of the cities and the surrounding neighborhood.

Adequate appropriations should be made to ascertain the best plan for converting such matter into commercial fertilizers; or if no feasible plan of that kind can be found, the cities should be required to erect crematories where such matter can be destroyed by burning.

VIII.

An act was passed establishing a State Board of Pharmacy, to regulate the practice of pharmacy, and the sale of poisons; and to prohibit the adulteration of drugs in this State.

The Executive Committee of the State Druggists' Association is authorized to submit to the Governor the names of ten persons, who have had at least ten years' experience as pharmacists and druggists; and from those persons the Governor is to select five, who shall constitute said Board.

As originally drawn, the act required that every person now engaged as principal or assistant in pharmacy shall be registered by the Board; and every person hereafter desiring to engage in pharmacy shall be examined by the Board, and registered.

Every registered pharmacist, or assistant, is required to obtain a certificate of his registration, which must be renewed every year. Certain fees are allowed for examinations and registrations, and certain fines are imposed for certain violations of the act. All fines assessed for the violation of any of the provisions of the act are to be placed in the hands of the Secretary, to defray the expenses of the State Board of Pharmacy. (See Chapter 39.)

The manifest tendency of the act is to elevate the profession of pharmacy, to insure the accuracy of prescriptions, and to prevent the adulteration of medicines, drugs, and chemicals in this State.

An attentive consideration of the idea upon which the act is based might enable the Tennessee Bar Association to suggest the enactment of a law which would weed out quite a number of unworthy and incompetent members from the legal profes

sion.