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1989 Tennessee Attorney General Reports and Opinions 1 (1989)

handle is hein.sag/sagtn0085 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 March 1989 89-32 APPROPRIATIONS: Only the General Assembly may appropriate the earnings of the Natural Resources Trust Fund. Tenn. Const. Art. II, 24; T.C.A. S§11-14-301 t eg., -305, -306, -307; 1988 Tenn. Pub. Acts 1037; Op. Tenn. Atty. Gen. 84-227 (July 19, 1984). 89-31 ARSON: A person who attempts to set fire to a structure cannot be charged under the general attempt to commit felony statute, T.C.A. §39-1-501, but can be charged under T.C.A. §39-1-505, the statute prohibiting the attempt to burn property. T.C.A. 5§39-1-501, -505, §39-3-202. 89-35 CHARITABLE ORGANIZATIONS: T.C.A. §48-3-519, which attempts to authorize raffles, violates Art. XI, §5 of the Tennessee Constitution, the anti-lottery provision; a certificate of registration issued pursuant to the Solicitation of Charitable Funds Act, T.C.A. §48-3-501 et aeg., would not authorize an organization to constitutionally conduct a raffle, as set forth in T.C.A. §48-3-519, Tenn. Const. Art. XI, §5; T.C.A. §48-3-501 eL g. , -519; 1988 Tenn. Pub. Acts 1029. 89-41 CIVIL PROCEDURE: Rules of Civil Procedure: There is no apparent authority under Tennessee law to allow, as a general rule, service of process by private individuals in General Sessions Court cases, except in cases in which the General Sessions courts exercise jurisdiction similar to that of Circuit or Chancery Court by special or private act; in the exceptional General Sessions cases in which private service is allowed, private individuals serving process would not be restricted to the fees set forth for sheriffs and constables in T.C.A. S8-21-901. T.C.A. 5§8-21-901, §16-15-501, -601, -605.

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