Jackson v. Weis & Lesh Mfg. Co.

Decision Date13 May 1911
Citation137 S.W. 757,124 Tenn. 421
CourtTennessee Supreme Court

Error to Circuit Court, Madison County; S. J. Everett, Judge.

Action by Mary Alma Jackson, by her next friend, etc., against the Weis & Lesh Manufacturing Company. Judgment for defendant and plaintiff brings error. Affirmed.

Pope & Pope, for plaintiff in error.

W. G Timberlake, for defendant in error.


This is an action for personal injuries received by plaintiff in error, Mary Alma Jackson, while in the service of the defendant in error removing skewer pins from the hopper of one of the machines used by defendant in error in the manufacture of such pins, which resulted in the loss of one of her thumbs. There are three counts in the declaration, the first and third of which predicate liability of defendant upon an alleged violation of what is generally known as the "child labor law," and the second count placed liability upon common-law negligence. The trial judge directed a verdict in favor of the defendant below upon the first and third counts, and there was a trial before the court and jury upon the second count, which resulted in a verdict for defendant. Motions for new trial were made and overruled, and the errors assigned here go to the action of the circuit judge in holding that chapter 159, Acts of 1893 and chapter 34, Acts of 1901, amendatory thereof, were unconstitutional and void.

The circuit judge was of opinion that chapter 159, Acts of 1893 was not constitutionally passed, and the infirmities appearing in the legislative journals, which satisfied him that this was true, he states as follows:

"It appears from the House Journal of 1893, that this child labor law was introduced as Bill No. 6, and it passed regularly its first, second, and third reading, and was sent to the other house, the Senate, where it passed its first reading. The journal does not affirmatively show that it passed its second reading, or that it was referred to any committee, but does show that it was taken up for passage on its third reading by unanimous consent, and, while pending its third reading, an amendment was offered--and a material amendment, too--to this bill, and the amendment was adopted by the Senate, and the bill then passed on its third reading. The journal fails to show that in reporting this bill back to the House any statement was made or anything on the journals to show that the bill was amended on its third reading in the Senate, and it simply shows an enrollment to the House, and does not show any concurrence by the House in the Senate amendment. Hence this act is invalid. It did not pass according to the constitutional methods, and you cannot consider either the first or third counts in this declaration; that is, going to the statute of employing a child under 14 years of age."

We infer that his honor was of opinion that, inasmuch as the original act of 1893 was invalid for the reasons stated by him, the subsequent act of 1901, amending the act of 1893, must likewise fall, because it is amendatory of the original act only.

We cannot concur with the trial judge in the conclusion reached by him with respect to the validity of the act of 1893. His holding is in direct conflict with the opinion of this court in State v. McConnell, 3 Lea, 333, and State v. Algood, 87 Tenn. 162, 10 S.W. 310. The first case cited is direct authority for the proposition that the mere fact that the journals of the Senate fail to show the second reading of a bill will not affect its validity as an act, when it appears that it was passed on three several readings in the House, and two readings in the Senate, one of them purporting to be the third reading, and that it was signed by the speaker of each house in open session, and approved by the Governor; and the second case cited is direct authority for the further proposition that the mere fact that the journals may show a bill is amended and returned to the house of its origin without any reference to the amendment, but is afterwards signed by the speakers of the two houses in open session, and approved by the Governor, does not invalidate it as a legislative enactment. All of our cases firmly establish the proposition that where an act of the Legislature has been signed by the respective speakers of both houses in open session, and that fact noted on the journals, and has been approved by the Governor as required by the Constitution, every reasonable presumption and inference will be made in favor of the regularity of its passage, and it will be upheld, unless the journals affirmatively show the absence of some constitutional requirement.

Learned counsel for defendant in error insist, however, that whatever view the court may take of the constitutionality of the act of 1893, this act was superseded by...

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5 cases
  • State v. Collier
    • United States
    • Tennessee Supreme Court
    • February 1, 1930
    ... ... 357; Wilson v ... State, 143 Tenn. 55, 224 S.W. 168, 171; Jackson v ... Manufacturing Co., 124 Tenn. 421, 137 S.W. 757; ... Nelson v ... ...
  • Southern Ry. Co. v. City of Memphis
    • United States
    • Tennessee Supreme Court
    • June 11, 1912
    ... ... 310; Nelson v. Haywood, 91 Tenn. 596, 20 S.W. 1; ... Jackson" v. Manufacturing Co., 124 Tenn. 421, 137 ... S.W. 757 ...       \xC2" ... ...
  • Tennessee Elec. Power Co. v. City of Chattanooga
    • United States
    • Tennessee Supreme Court
    • March 27, 1937
    ... ... v. Breeden Bros., 148 Tenn. 278, 255 S.W. 359; ... Jackson v. Manufacturing Co., 124 Tenn. 421, 137 ... S.W. 757. However, where ... 361, 235 S.W. 425; Caruthers v ... Lake County Mfg. Co., 150 Tenn. 269, 263 S.W. 793 ...          The ... ...
  • House v. Creveling
    • United States
    • Tennessee Supreme Court
    • March 31, 1923
    ... ... bodies has disregarded the Constitution. Jackson v. Mfg ... Co. 124 Tenn. 421, 137 S.W. 757; Home Teleg. Co. v ... ...
  • Request a trial to view additional results

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