Monday, June 12, 2006

Stalling on the question

Certain high county officialdom, namely Mike Ragsdale and his fellow-travellers, are now saying that they will appeal Chancellor Weaver's ruling of this past Friday. Among their excuses for continuing to uphold an invalid form of government is that they believe that the Tennessee Supreme Court will somehow see fit to reverse Chancellor Weaver's word.

Among the reasons that Chancellor Weaver gave for why the Charter is invalid is because the Charter does not identify or define the functions of constitutional officers. He is correct, it does not. Ragsdale says he wants to "fix" this. That is lovely, but since the Charter will likely require some pretty major revision in order to be "fixed," are we to believe that Ragsdale and the County Commission will try to "fix" the charter without putting the new and revised version before the people of Knox County? Further, the Secretary of State never approved the original document. Knox County cannot legally function under a charter form of government without the approval of the appropriate State authorities, including the General Assembly which presently stands adjourned awaiting the November election.

Since those are the facts and the circumstances which explain why the Charter is invalid, they will not change if the Supreme Court exercises its option to hear the case immediately. As a matter of points of law, the facts of the case which cause the Charter to be deemed illegal are not going to change. This means that unless the Supreme Court has a brain flatulation, they are going to reach the same conclusion as Chancellor Weaver did. Ragsdale and friends are stalling, plain and simple.


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