Administration - Historical Notes

The following acts once created a budgeting system for Hamilton County, but they have been specifically repealed or superseded by current law.  Also referenced below are acts which repeal prior law without providing new substantive provisions.

1. Acts of 1903, Chapter 583, required the county courts to estimate the anticipated expenses of the county government for the ensuing fiscal year no later than the first meeting in July and made it mandatory that a tax rate be passed which would raise that amount of money in the estimate.  This act was superseded by Private Acts of 1917, Chapter 38, and Private Acts of 1941, Chapter 156, repealed it.
2. Private Acts of 1911, Chapter 234, created the post of county auditor to be appointed by the county judge for a four year term, salary $1,800 per year, prescribes the duties, and, if need arise, authorizes an assistant but his salary would come from the auditor's.  The county auditor was subject to removal for misconduct.
3. Private Acts of 1911, Chapter 551, empowered Hamilton County to create and provide "An Advertising Fund" to publicize the resources and attractions of the county, same to be determined by a two-thirds vote on a resolution by the county court and the appropriation was not to exceed $5,000 per year.
4. Private Acts of 1913, Chapter 325, authorized a budget appropriation of $1,000, or less, per year to employ a demonstrator of agriculture for the benefit of the agricultural interests in the county to be expended under the supervision of a county court committee.  This act was amended by Private Acts of 1915, Chapter 549, which increased the budget appropriation from $1,000 to $1,500.
5. Private Acts of 1917, Chapter 38, permitted the quarterly county court of Hamilton County to divert any surplus public funds arising from taxation in any year or being the remnant of any bond issue from any department of the county government to any other department of the county government whenever in their opinion the public welfare required it.
6. Private Acts of 1917, Chapter 423, ratified and confirmed a contract made by Hamilton County with C. S. Peterson.  Peterson, an accountant, was hired by Hamilton County to audit the books of the officials of Hamilton County for the purpose of determining what amounts, if any, were due to the state and county as revenue.  Furthermore, the act authorized the county judge to pay Peterson, from the county funds, any balance due on the contract.
7. Private Acts of 1917, Chapter 424, regulated county expenditures by requiring the making of a budget and prohibiting the expenditure of any amount beyond that fixed in the said budget.  Expenditures of the past year must be submitted along with budget requests from each governmental department and agency.  Prohibits any official from spending funds unauthorized by the budget and from entering into contracts over $100 in amount unless written approval by the county judge was obtained.  This act was expressly repealed by Private Acts of 1941, Chapter 156.
8. Private Acts of 1919, Chapter 129, repealed Private Acts of 1911, Chapter 234 above.
9. Private Acts of 1929, Chapter 509, permitted the appropriation out of the general funds of the county the sum of $2,400 annually to be used in investigating claims against the county and in preparing defenses to any lawsuits filed against the county.
10. Private Acts of 1935, Chapter 795, authorized an annual appropriation of $600 for the colored community center in Chattanooga by the county court to be paid $50 per month to the managing officials.
11. Private Acts of 1937, Chapter 794, authorized Hamilton County to appropriate $20,000 to augment the budget appropriation for the board of health, the circuit court and the miscellaneous account for the fiscal year 1936-37.
12. Private Acts of 1937, Chapter 880, allowed the appropriation in the annual budget of Hamilton County for the purpose of making investigations and surveys of flood conditions in the Tennessee River and its tributaries and to acquire by purchase, if desired, data and existing information pertaining thereto.
13. Private Acts of 1939, Chapter 72, amended Acts of 1917, Chapter 424, which set up a budget process, by permitting appropriations to be made by the county court for hospitals, charitable institutions, relief of poor and needy persons and for emergencies.  The proposed appropriations required an affirmative vote by two-thirds of the qualified members of the county court.  This act was repealed by Private Acts of 1941, Chapter 156.

County Attorney

The following acts once affected the appointment, election, or office of the county attorney in Hamilton County.  These acts are included for historical reference only.  Also referenced below are acts which repeal prior law without providing new substantive provisions.

1. Public Acts of 1899, Chapter 352, created the position of county attorney who would be elected by the county court for a period of one year.  The salary to be paid was fixed at  $1,000 per annum, not to be increased or diminished during his term of office.  He would transact all the legal business of the county in court or otherwise and advise all county officials on legal matters affecting their offices.
2. Acts of 1903, Chapter 576, amended Public Acts of 1899, Chapter 352, above, by making the county attorney's term of office two years instead of one year.  The act also changed the time of the election for county attorney to the January term of the quarterly court of Hamilton County.
3. Acts of 1909, Chapter 74, further amended Public Acts of 1899, Chapter 352, by deleting from Section 1, the phrase prohibiting the increase or diminution of the salary of the county attorney during his term of office.
4. Acts of 1909, Chapter 132, raised the salary of this official from $1,000 per year to $1,500 per year by amending Public Acts of 1899, Chapter 352, above, and specifically made the act applicable to the present holder.
5. Private Acts of 1911, Chapter 605, amended Public Acts of 1899, Chapter 352, above, by fixing the salary of the county attorney at $2,000 per annum instead of $1,000.
6. Private Acts of 1929, Chapter 55, amended Public Acts of 1899, Chapter 352, by raising the salary to $3,000 per year and making the increase applicable to the current holder of the office.  The act was repealed and superseded by Private Acts of 1941, Chapter 156, which reorganized the county government of Hamilton County.
7. Private Acts of 1941, Chapter 156, repealed Public Acts of 1899, Chapter 352.

County Clerk

The following acts once affected the office of county clerk in Hamilton County.  It is included herein for historical purposes.

1. Private Acts of 1831, Chapter 81, authorized the county court clerk of Hamilton County to issue to Sterling S. Condray, George W. Williams and Elijah Thurman, each, a license to retail goods, wares and merchandise, under the provisions of the act entitled, “ An Act to equalize the tax on wholesale and retail merchants, jewelers, grocers and auctioneers,” passed on December 14, 1831.
2. Private Acts of 1911, Chapter 623, provided that unmarried women over the age of twenty-one years may be eligible and serve as deputy county court clerks in counties having a population of not less than 70,000 nor more than 90,000 based on the Federal Census of 1910.

County Legislataive Body

The following acts once applied to the quarterly court or the county legislative body of Hamilton County and are included herein for historical purposes.

1. Private Acts of 1819, Chapter 160, fixed the time of holding the county courts of Hamilton County on the fourth Monday of February, May, August and November.
2. Public Acts of 1827, Chapter 34, changed the time of holding the county courts of Hamilton County to the second Mondays of March, June, September and December.
3. Acts of 1843-44, Chapter 180, allowed the people of the fifth district in Hamilton County to elect an additional justice of the peace for the City of Chattanooga.
4. Public Acts of 1866-67, Chapter 3, fixed the salary per diem of justices of the peace and jurors in Hamilton County at $2.00 a day.
5. Public Acts of 1901, Chapter 162, in counties between 60,000 and 70,000 population according to the Federal Census of 1900, or later, it was unlawful for a justice of the peace to hold any office or position of profit by election or appointment, under the work house or the poor house commissioners, violation of this act resulted in the forfeiture of compensation.
6. Acts of 1903, Chapter 114, made Hamilton County not liable for fees incurred under the small offense law in trials before a justice of the peace except for those acts committed in the district from which the justice was elected unless he was sitting in another district by interchange or other authorized method; the act was made to be a misdemeanor in office for which the justice could be fined and summarily removed from office.
7. Private Acts of 1911, Chapter 281, allowed Hamilton County to pay the members of the finance and claims committee not to exceed $200 a year; the poorhouse and workhouse committees not to exceed $200 per year; and the road commission, those elected to supervise a $500,000 bond issue just in effect, no more than $1,200 a year as compensation for their services.
8. Private Acts of 1915, Chapter 452, authorized the county court of Hamilton County to appropriate funds for, solicit bids, award contracts, for the printing of the trial dockets of the circuit and chancery courts but no more than three trial dockets would be printed in one year.
9. Private Acts of 1929, Chapter 366, provided that officers serving civil warrants out of a justice's court, or making arrests in criminal cases, will set the trial date at a certain hour and the trial will be held at that hour and not an hour later as had become the custom.  It was the responsibility of the officer to certify that everyone knew the day and hour of the trial.
10. Private Acts of 1953, Chapter 24, authorized in the county council to pay Joseph C. Wagner the sum of $600 and Campbell Carden the sum of $600 for their services in investigating jury and grand jury irregularities in Hamilton County, the same being legislatively declared to be a county purpose.
11. Private Acts of 1959, Chapter 228, properly ratified, set the salary of justices of the peace in Hamilton County at $15 per day for each day of attendance at the quarterly county court of said county.
12. Private Acts of 1967-68, Chapter 161, authorized the county council to pay $7,000 to Boyce T. Dillard, his wife, Christine Dillard and Boyce T. Dillard, Jr., and to accept a release from them in full satisfaction of all claims incident to the facts alleged in the case of Dillard v. Thrasher, in circuit court of Hamilton County.
13. Public Acts of 1969, Chapter 272, reapportioned the quarterly county courts of counties having populations in excess of 200,000 according to the Federal Census of 1960.  The act also provided for justice of the peace districts or civil districts or both.  Furthermore, the act provided that 15 justices of the peace were to be elected from 8 justice of the peace districts in Hamilton County.
14. Private Acts of 1970, Chapter 305, would have amended Private Acts of 1941, Chapter 156 by reducing the minimum age of members of the county council from 30 to 25 years of age but was disapproved by local authorities and did not become law.
15. Private Acts of 1977, Chapter 100, repealed Private Acts of 1911, Chapter 201 which was the enabling legislation for counties with a population of no less than 90,000 and no more than 120,000, according to the Federal Census of 1970, to subsidize charities, or any charitable institution which had been in existence for at least five (5) years, with an annual sum of $1,000 but the total amount which could be expended under this act was $5,000 in any one year.  Knox County and Sullivan County approved this act but was not acted upon by Hamilton County officials and therefore did not become effective.

County Mayor

The references below are of acts which once applied to the office of county judge, or county executive in Hamilton County.  They are included herein for historical purposes only.  Also referenced below are acts which repeal prior law without providing new substantive provisions.

1. Public Acts of 1867-68, Chapter 47, as amended by Private Acts of 1897, Chapter 198, Public Acts of 1901, Chapter 112, and Private Acts of 1929, Chapter 144, established the office of county judge.
2. Private Acts of 1911, Chapter 443, empowered the county judge to employ a clerk for his office and to appropriate and pay him out of county funds a monthly salary up to $125, except that if the said clerk acted as purchasing agent, he could be paid $25 a month additional.  This law was amended by Private Acts of 1917, Chapter 363.
3. Private Acts of 1913, Chapter 145, authorized the election commissioners of Hamilton County to hold a referendum on "An Act to create a Board of County Commissioners consisting of the County Judge and four other Commissioners."
4. Private Acts of 1915, Chapter 48, authorized the employment by the county judge of an additional clerk in his office at a salary not to exceed $1,200 annually who would serve at the pleasure of and be subject to the orders and demands of the said judge.
5. Private Acts of 1915, Chapter 49, permitted the county judge to appoint some member of the county court to act as county judge or chairman pro tem during such time as the judge was absent or incapacitated to perform his duty.
6. Private Acts of 1917, Chapter 363, amended Acts of 1911, Chapter 443, by requiring the clerk appointed under that act to serve as purchasing agent for all the needs of county offices, the workhouse, the poorhouse, or other public county institutions for which services he would be paid an additional $50 per month.
7. Private Acts of 1917, Chapter 710, raised the salary of the county judge of all counties between 89,000 and 90,000 population according to the Federal Census of 1910 or after, to $5,000 a year.
8. Private Acts of 1927, Chapter 298, probably repealed by implication the 1911 and 1915 Act which permitted the hiring of clerks of the office of the county judge, as they in turn were amended, and provided for the utilization of a staff of three clerks, a chief clerk, who would be purchasing agent, a warrant clerk, and one who would be a custodian of supplies; also, set up some purchasing procedures.  The latter clerk was eliminated by Private Acts of 1933, Chapter 694 and the entire act was repealed by Private Acts of 1941, Chapter 156, which reorganized the county government.
9. Private Acts of 1929, Chapter 144, as amended by Private Acts of 1935, Chapter 471, authorized  the county judge to sit by interchange with circuit and criminal court judges and chancellors, in the circuit, chancery and criminal courts of Tennessee
10. Private Acts of 1929, Chapter 215, amended Private Acts of 1927, Chapter 298,  by requiring the court to appropriate the funds to pay these clerks.
11. Private Acts of 1931, Chapter 474, permitted those who were acting as county judge pro tempore in Hamilton and Knox counties to conduct inquisitions of lunacy for which they could charge a $5.00 fee.
12. Private Acts of 1933, Chapter 694, amended Private Acts of 1927, Chapter 298, by eliminating the custodian of county supplies, one of the three clerk positions created by the act.
13. Private Acts of 1939, Chapter 204, vested the authority in the county judge to employ a suitable person as a secretary who would keep the office open and do clerical duties as the judge might direct who would be paid a salary of $150 per month.
14. Private Acts of 1949, Chapter 476, set the salary of the county judge at $10,000 per annum,  in all counties of the state having a population of not less than 180,400 and not more than 180,500, according to the 1940 Federal Census.
15. Private Acts of 1977, Chapter 142, would have repealed Private Acts of 1931, Chapter 474, which act allowed any member of the county court who was appointed and acting as county judge to hear inquisitions of lunacy.  The old act was applicable to counties having a population of not less than 150,000 and no more than 160,000 according to the 1930 Federal Census.  Knox County approved this repealing act but it was not acted upon by Hamilton County officials and therefore did not become effective.

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