Page:Catholic Encyclopedia, volume 14.djvu/569

 TENNESSEE

511

TENNESSEE

Associated Reformed Synod of the South, 1504; Prot- estant Episcopal Church, "874; United Bretliren in Christ, 2S75; other Protestant bodies, 12,484; Ro- man Cathohc Church, 17,252; Jewish congregations (heads of famihcs), 919; all other bodies, 1452.

\'II. State Laws. — A. Oaths are to be adminis- tered upon the New Testament in the usual form, kiss- ing the boolv as seal of confirmation of the same. Those conscientiously scrupulous about taking the book oath may be sworn by calling on God to witness the truth of the statements to be made. Persons conscientiously scrupulous about taking an oath may make solemn affirmation in the words required. Per- sons may also be sworn according to the forma of their own country or particular religious creed.

B. Marriage cannot be contracted with a lineal ancestor or descendant, nor a lineal ancestor or de- scendant of cither parent, nor the child of a grand- parent, nor the lineal descendant of the husband or wife as the case may be, nor the husband or wife of the parent or lineal descendant. The intermarriage of white persons with negroes, niulattocs or persons of mixed blood descended from a negro to the third gen- eration inclusive, or their living together as man and wife in this state is prohibited and punishable by im- prisonment in the penitentiary A second marriage cannot be contracted before a dissolution of the first, but the first shall be regarded as dissolved for this purpose if either party has been absent five years and is not known to the other party to be hving. All reg- ular ministers of the Gospel of every denomination, and Jewish rabbis, having the care of souls, all jus- tices of the peace, judges, chancellors, the governor, speaker of the Senate, and speaker of the House of Representatives may solemnize the rite of matri- mony. No formula need be observed for such sol- enmization, except that the parties shall respectively declare in the presence of the minister or officer, that they accept each other as husband or wife.

C. Divorce. — The following are causes of divorce from the bonds of matrimony: impotency or incapac- ity; second marriages in violation of previous mar- riage still subsisting; adultery; wilful and malicious desertion; absence of either party without reasonable excuse for two years; conviction of crime which, by the laws of the state, renders the party infamous; convic- tion of any crime which, by the laws of the state, is declared a felony and sentenced to confinement in the penitentiarj-; if either party has attempted the life of the other by poison or other means showing malice; refusal on the part of the wife to remove with her hus- band to this state, without reasonable excuse, and wil- fuUj' absenting herself from home for two years; that woman was pregnant at time of marriage by another person without knowledge of her husband; habitual drunkenness acquired after marriage. The following are causes of divorce from bed and board and from the bonds of matrimony at the discretion of the court: if the husband is guilty of such cruel and inhuman treatment or conduct towards his wife as renders it un- safe and improper for her to cohabit with him and to be under his domination and control; that he has of- fered such indignities to her person as to render her con<lition intolerable and thereby force her to with- draw; that he has abandoned her or turned her out of d<x)rs and refuses or neglects to provide for her. The petitioner must reside within the state for two years next preceding the filing of the petition. If upon false rumour, apjjarcntly well founded, of the death of one of the parties who h:ia been absent two whole years, the other party marries again, the party re- maining single m.ay upon returning obtain a restora- tion of conjugal rights or a dissolution of the marriage. This di.ssolution of a marriage shall not in any wise affect the legitimacy of tlie children of same.

D. WilU may be verbal or written, but a verbal will is valid only so far ad relates to personal property.

A nuncupative or verbal will is a verbal declaration made by one in his last sickness as to the disposition of his property after death, made with tlie intention and purpose to dis])osc of such proi)erty, and where the estate exceeds $2.50 it must be made in the hearing and presence of at least two disinterested persons. Lands can be devised only by a written will attested by two witnesses, the subscription of the witnesses be- ing made in the testator's presence; or by holographic will, a paper written entirely by the testator, the handwriting to be proved by at least three credible witnesses, every part of such writing to be in the testator's hand. Personalty may be disposed of by a paper containing a disposition of property to take ef- fect after death, although neither WTitten nor signed by the testator, if such paper can be shown to be the will of the testator and is complete in itself as to its provisions. No particular form is required.

E. Cemeteries. — .\11 managers and trustees of any cemetery have full power to adopt and use all rules and regulations necessary for the good government, order, and discipline of the cemetery under their charge and keeping, not in conflict with any law of the state. They may appoint as many day and night watchmen on their grounds as they deem expedient. Sue)) watchmen, and also all of their superintendents, gardeners, airi'uts, and gate-keepers stationed on said grounds, may take the oath required by law of con- stables, exercise and possess all the powers of police officers within said cemeterj' and within one hundred yards of said cemetery grounds.

F. Pensions. — The State has a pension system un- der which pensions are allowed to disabled soldiers, Feileral and Confederate, that enlisted from the State of Tennessee in Tennessee regiments or were citizens of this state at the time of their enlistment in regi- ments of other states. They must be residents of Tennessee, or former citizens of other states who en- listed in some regiment and who have been citizens of this state for one year. The character of the appli- cants as soldiers must have been fnc fnnn dishonour, and it must appear that they :u-i- im'I :ilir:i(ly entitled to pension under the laws of tijc I'ciicr.il Ciovernment or of any other state, and that they are not already in possession of a competency, the object of the law be- ing to provide for the indigent and disabled. A pen- sion is withheld from any pensioner who may habitu- ally waste the state's bounty in dissipation or other dishonourable manner. Pensions are also granted to widows whose husbands were killed or died while in active service in the Civil War, and to the widows of deceased soldiers wlio were married to such soldiers prior to the year 1S70, if such widows are of good moral character and in indigent circumstances. The number on the pension rolls for 1910 was 7899, of which 5367 were veterans and 2530 widows. The an- nual appropriation for this purpose is $475,000.

G. jBxase. — By Acts of 1909 the sale of any intoxicat- ing hquor, including wine, ale, and beer, within four miles of any i)ublic or private schoolhouse where school is kept, whether the school be then in session or not, is proliibited. At the same session an Act was passed prohibiting the manufacture of such liquors in the state. These measures virtually proliibit the sale or manufacture of liquor anywhere in the state.

VIIL Prisons. — The state penitentiiiry is at Nashville. A branch prison is located at Brushy Mountain, east Tennes.sec, where the State owns ex- tensive coal mines, in which a large number of pris- oners are worked. The operation of these mines has been very profitable to the State. .\t the main prison are a number of manufactories operated by les.sees of convict labour. There is also a large farm connected with the penitentiary on which convict Labour is em- ployed. The affairs of th<; penitentiary are adminis- tered by a commission of tliroe, appointed by the governor.