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The News and Observer. YOL. XLYI. NO. 103. Lass ALL MOTH CAROL** DAILIES IN NEWS AND CttCU ,'UON. REVIEW OF TRE LEGISLATION OF 1999 J Speech of* Hon. H. G. Connor, of Wilson, Speaker of the y House of Representatives, Before the State Bar Association at Morehead City. To the citizen and cspjciail 7 the citi zen lawyers there are few sources of his torical study more iuteres:iug than the legislative records of the State. It is there that he finds an expression of the moral sentiment, the political opinions and the highest aspirations of the peo ple. It is there that he finds the de velopment of the political will, the strug gle for the adjustment of the law in unison with the thought and sentiment of the people. After all that is bi ennially said and written, as eaeh Gen eral Assembly of the representatives of the people comes and goes wHh its promises, its failures, its hopes and its disappointments, those who gather in the State House constitute, upon tin whole, a fair type of the citizenship of the State, and that which they “do enact” is lor the time 'being, and as they understand and interpret it, the will of the average man in the State. It is equally true that in'any given period of time of sufficient length to enable social and political forces to have fair play, the legislation of a free State will furnish the historian a safe guide by which to study the character of the people and the statesman to draw conclusions in dealing with political problems. Every statute of general ap plication, has lie-hind it a considerable quantum of public sentiment. 'The great Gladstone while devoting Siis life to questions of finance and taxa tion; church and state, and foreign affairs, did not forget the duty which lie owed to the man at the throttle and the ibrake and in the mine. His em ployers liability act constitutes the basis of our recent fellow -servant act. which by some strange accident is buried, so far as its publication can bury it, in the pri vate Acts of 1897. Surely so beneficial a statute was entitled to better treatment at the bands of the publisher. It is gratifying to know that the law has re ceiveu the approval of the bench and the bar, and will for all time remain as a part of the law of the State. To Mr. Lucy, the present Comin'issioner of La bor statistics, great credit is due for its enactment. Its presence will prevent the making of many ingenious and j learned arguments, and many well eon-1 sidered and exhaustive opinions, hut we will he compensated therefor liy the re- ‘ fleet km that many deserving and meri j torioms mechanics and laborers and thqirt families will recover damages for in- ( juries, sustained by 0 penny-wise policy on the part of .managers of corporations having more regard for. gratifying their stockhohlers with large dividends than fox human life and human suffering. I am invited to enter into this most interesting and attractive field 'of re search. but I must not forget that, with wise precaution your committee, to whom 1 am indebted for this opportun ity, put me within bounds and command ed me to confine myself to the legisla ture of. 1899. At no period of the State’s history has the pendulum marking the movement of political sentiment swung to jtoints of such extreme divergence or been so rapid and violent as from 1892 to 1899. This movement is strongly marked in the legislation of 1893-97 and ’99. It would not be proper for me to attempt an analysis, or examination of the cause of this well recognized fact. The time will come when the historian of the State will do so and mark a most in teresting and instructive chapter in our annals. We live in the smoke of the conflict, and on an occasion like this must study the conditions that as law yers and citizens we may In* the better able to discharge our duty. The legis lature of 1893 and its acts arc inter esting as being the last of the old order. It contained many strong and promi nent men. Many important changes were made in the jurisprudence of the State. Changes which were responsive 1 to the best thought of the bar. bench and' people. The statute providing for the settlement, by a civil action of con troversies in regard to the title to land, analogous to the Kill of Equity for quieting title, but relieved of many of its features which impaired its value, was drawn and its passage secured by ex- Judge Hattie. The creating and defining of two grades of the crime of murder is a copy of the English act and finds uj>- proval with tin* people. The decisions of the Supreme court construing the act no not appear to be entirely har monious. The- last ease finding its way to this tribunal developed a .marked di versity of opinion among its members. It is not improper to indulge the hope that soon, as early as possible, some fixed and plain prineiple will find fa vor with the court in regard to this important statute. Its enforcement must result iir securing a greater cer tainty in the punishment for the taking of human life. We find at lies session tin expression of the apprehension which has grown with years, and been i 11 1* nsi fied by evynts. of tin- crime of lynch log. An act was passed at this time for Ms suppression. No legislation along this line will he effective until a strong, healthy public sentiment develops, a sentiment whieh will not content itself with mere protests, hut will do and dure whatever is necessary to remove ties evil from our midst, it behooves -ill good citizens and in an especial manner all lawyers to actively aid in the culti vation of this sentiment. 'The legislature of 1893 was tin- pro duct of two iwditrcal forces. One fiercely attacking and seeekimr to de stroy the supremacy of tin* party and men who. for a generation, had con trolled and directed the affairs of the State. The other seeking to mould and weld into solidarity, political thought and purpose, having but one idea in common, in all other respects discordant and an tagonistie, a desire to destroy what they considered a common enemy. The political tone and color of this body was in marked contrast to that which had controlled since 1879. The fusionists were in a majority so large that the minority were helpless. For the first time in our history a statute found its way into the hands of the Clerk on Enrolled Hills and had tin* sig nature of the presiding officers which, in fact had not been enacted by the (Sen ate and House. The importance of the act and its drastic provisions gave the question of its validity much prominence. It was brought into litigation! by direct attack, the facts admitted and its valid ity sustained by the Supreme court, but with strong dissenting opinions, the sub ject received the usual amount of discus sion among members of the bar. While the lay and the legal mind of the State revolted at the suggestion that a statute esjn have the effect and force of law otherwise than by the enactment ol' the representatives of tin* people, there is much in the argument that the integrity of the records of one department of the gov ernment cannot be called into question by another department. The people, as they always should do in a government like ours, where their wrongs may be righted by constitutional -methods, obey ed the statute until tile next General Assembly repealed it. It is to be hoped that the occasion will not again arise for the discussion of so delicate and vexing a question. That it ever arose is to he deplored. We find that hut little legislation affecting tile substantive law or that ol procedure was enacted at this session. Many statutes, especially the revenue law, indicate the temper of the hotly in regard to the adjustment of the |s»liti cal burdens and benefits. It was at this session that an act hearing the title. "An act to restore self government to the people,” reversing the policy of the State for twenty years, was .passed. By this change the election of the Jus tices «ff the Peace and Comity Com missioners was vested in the people,' The bends of county officers were re dtired and provisions made for giving such bonds in Surety Colima mies. These statutes indicate clearly the change which had come in respect to the governing class in the State. The-dominant party gave to the elec tion law its hist thought and enacted what was declared to he in very truth the jierfection of 'human reason, political fairness and wisdom. If made to per petuate its own power, the impartial his torian must, in the light of the after math declare that it was a dismal fail ure. The radical changes made in the .municipal charters followed by the as sumption! of control without regard for the wishes or interests of the citizens can not bo easilv reconciled with the professed devotion to local self-govern ment. There has not been in the history of tin- State exhibited more* disregard for the right of local self-government in regard to towns and cities than the leg islation of 1893 aid ’97. The results which followed this legislation were en tirely characteristic of tin* people of this State from their earlier history. Law abiding and peaceful when left to them selves they have ever been restive and even turbulent when any other govern ment than that of their own choosing was imposed upon fln-m. The mein of 1898 were lineal descendants of those of Mecklenburg ami the Pape Fear of 1773, The members of tin* General Assem bly of 1899. as a rule, accepted nomina tions with the expcetnti' iti of being de feated. Tin* leaders and exponents of thought in the State, bad but little con ception of the extent to which the politi cal sentiment of tin* people had swung from one extreme to the other. Events occurring pending the campaign had a marked effect upon the result which was hut little less than a revolution, sur prising the leaders and attracting tin* at tention of the entire country. A ques tion \vthub had to a large extent become quiescent suddenly forced itself to the front and stirred the -minds and hearts of the dominant race as never before in our history. Tin* House of Uepresenta tives contained an overwhelming -ma jority of Democrats. The minority wen divided between Ko-pulists and Kepuibli eans. of the latter four were negroes. The Senate was even more unanimous. Mere than the usual unrulier of strong, aide and experienced lawyers were mein hers. Tin* farming, ni-aimfacttiring and general business interest of the State were well represented. As an indication of the temper of the body in respect to the acts and doings of the sessions of 1893 and 1-897. the second resolution in trodtieed and adopted contained a tiro vision for the apim-int ment of a com mittee ol‘ five to “carefully examine all public laws passed by the General As semblies of 189.) and 1897. and to re port what laws should he rejiealed or amended and to make such other recom mendations in regard to such laws as to them may seem proper.” Whip-, of course, the committee made no report as to such "other recommendations” I find that of the 218 statutes then in force which" were repealed and amended, I<M) of tin 111 were <>>f the public laws of the session of 1897. and .>1 of the ses sion of 1893. Probably -it is the only in-stance in the history of this or of any other State where “the State's collected will” Inis undergone so marked a change (Continued on Second Page.) RALEIGH, NORTH CAROLINA, SUNDAY MORNING. JULY !), 1899. SYMPOSIUM ON TRE TORACCO TRUST A Discussion of its Evils and the Remedies for Them, Giv en in the Midsummer Southern To bacco Journal. A MANUFACTURER'S VIEWS. (Harry Woissinger.) Density of population docs not tend to increase happiness; the concentra tion of capital does not increase the wealth of a nation; neither does the combination of individual manufacturing plants into gigantic trusts increas** busi ness. I state these three propositions because they are akin, and a joint con sideration of them will give a better un derstanding of the truth of the last one. Increased profit is the only purpose of combinations, and increased profit can come only in one of two ways or both. The cost of production must lie decreas ed. or the price of the article produced must In- increased. If the cost of pro duction is decreased, it must be the re sult either of the depression in the value of the raw material, or a reduction in wages, or both. If the price of the article produced is advanced, it must lie because competition has been overcome, and a monopoly has grown up. I will not undertake to particularize. You can take any manufacturing busi ness you please, and suppose the control of that business to In* in tin* hands of one gigantic corporation. It will readily he seen that competition for tin* raw material it consumes and the labor it i in ploys is utterly destroyed. I [once, tin* producer will have hut one customer, the laborer but one employer aijpl tin- cut sinner but one source of supply. The consumer will have no choice in tin selection of tin- article of consumption, and must either take what is set be fore him at the price named bv the manufacturer, or else do without it. This holds good in everything pro duced by a combination known as a trust. They can exercise arbitrary pow er over every one with whom they com-* in contact; that they will ext-v-c it to the injury of the people is proven by all history from the beginning of time down to the present. Trusts dwarf in dividuality and reduce individual effort to a minimum, and thus the tendency will he to destroy all independence, and in the end. the government will become a plutocracy instead of a democracy and there will lie nothing left lor Un people hut revolution. 1 arn supposing now that the trcifil of business to trusts and combinations is not cheeked. 1 have greater faith how ever. in the people, and believe .hey will realize the danger before it is ton late, and that public sentiment will for..:-- the Legislatures of the States to enact such laws as will make the success of trusts impossible; or it this cannot he don -. will have the Constitution so amend *d as to protect the people against trusts In the meantime, the failure or suc cess of trusts must depend on the indi vidual act of the consumer. If he v ill use the product of tlu* independent fac tory, In- will aid competition; hut if ho uses the product of trusts, he will help destroy competition. No lover of iib erty will hesitate in his choice; li • will not sell his "birthright l'or a nn-ss of pottage.” It is the duty of every man who Lives his liberty to do all that lie can to en lighten his neighbors on this question* and while your paper has already clone good work in this direction, I hope you will keep it up to the end. COL. AYETMORE'S PROPHECY. (New A’ork World.) The mail who is going to devote tin iest of his life and his large fortune to fighting trusts is in New York. At present In* is simply Col. M. C. Wet more. of St. Louis, hut up to a short time ago he was president <>l tin.* great Liggett & Myers Tobacco Company. This concern was Col. Wet more's pet and pride. He had been conneeted with it for nearly a quarter of a century, and under his presidency it had the reputrf lion of being the biggest money-maker in the tobacco business. When the new Tobacco Trust was be ing formed the Colonel stoutly refused all overtures to enter the combine. lie did not have a controlling interest in his company, however, and he was startled one day to be told that the trust had seenred enough slock to vote his company into rlu- trust. The Colonel stormed, hut it was of no avail, and he saw lii.s plant swallowed h ' V ' s>, , w| : i gnitii ■’ - v---s -’I . for • aPT I ■ . Mm COL. HARRY WEISSINGKR. up. 'T’hen Col. Wetmore made this state ment, and In* repeated it to a World re porter hist night at the Waldorf-Astoria: DECLARES WAR ON TRUSTS. "I am going to devote the rest of my life and my fortune to fighting trusts.” Since making this declaration he could not have withdrawn from the tight if In* would. “I am receiving hundreds of letters in dorsing my course every day,” sai.l he. “I; shall keep up the fight as long r.s there is any light in me, hut I think it will ;ill he over inside of two years. Tile next Presidential campaign will he fought, on the trust issue, ap-1 on that the Democrats will win. Why. the whole W est and South are hotbeds of anti trust sentiment. “Tlu* Democrats, with a strong plank on this evil in their platform will sweep every State west of Pennsylvania. "The farmer is feeling the iron heel of {the trust every day. Everything In* nerds to build his house or barn with has been advanced in price from 23 t i 239 per cent. His land isn't worth any more, though. "1 am a Democrat, and although my patty will not: forsake silver in the tariff the anti-trust idea will overshadow (•verything else. THEY DEPRIVE MEN OF WORK. "The trusts are forcing men out of work every day. Why, my own com pany. since it has gone into the trust, has discharged four high-priced salesmen, besides a number of cheaper men. Knees will go up as soon as the combination is perfected, and <>n the other hand, the grower of leaf tobacco will have to take less for his crop because a single buyer will lix the price. ' "Another thing that will lead to Dem ocratic success is this Philippine busi ness. We paid 829.999.999 and bought nothing lint a war. McKinley blundered and he will have to pay for it. "Tin* thousands of lettiTs I have re ceived are not from Democrats alone. A large percentage are from Republicans, and the writers say they are going to vote for the party that will down the trusts. "A'ou in tlu* East do not realize how strong this sentiment is in other parts of tin- country. It means that Bryan will he the next President.” "THE GATE OF OPPORTUNITY.” (Josephus Daniels.) In ISC3 jin industrious North Carolina farmer returned from the war to face the new conditions that i-onfinoted the New South. IK- owned an unencum bered farm, and was the father if sev eral bright children. Beyond tln-s- pos sessions he had nothing, except a stout In-art, it long head and willing hands. The Federal soldiers had encamped at ilu- railroad station near his farm, and carried to every section of Am -riex sum* of the tobacco whieh enterprising men had beaten into granulated shape ’ibis tanner soon saw that tln-re was nothing but a living to be made on the farm, jitni he turned his eyes in the dir.vti m of making smoking tobacco to help .rip ply tin- demand which came from al! portions of the country. He began on a small scale, doing the heaviest work with his own hands. His sous were big t nougli to help him, and before a g ent while they had built up a nice little business. It was not long before the business outgrew the small houses < n the farm, and the farmer and his sons decided to move tlu-ir modest plant u > tlu railroad station. The business, by liai'fl work and wise management, grew rapidly, until one day the lioys and tin* farmer woke up to find their fort in**, measured by the thousands. Th >y lad shown foresight and business sagacity and the money was invested and rein vested in the enlargement of the business until now the* father and his sons count their fortunes by tlu* million. Today, on a poor farm, near that then small railroad village, lives another poor farmer of capacity and industry, with a bright family of industrious hoys. Fif teen years ago they grew bright tobacco, and sold it to competing factories .it. prices that gave good returns for then* labor. Every year that Ims passed they (Continued on Fourth Page.) THE PROVINCE OF THE BfiUSSOCIATION Address of Pres, Platt D. Walker, of 1° otte, at the Open ing Session of the Bar Association, At Morehead City. Address of Hon. Platt I). Walker, of Charlotte, President North Carolina Bar Association: Gentlcmeni of the North Carolina Bar Association: I am not unmindful of the high honor received at your hands when yon called me to the first presidency of this body, and it is. therefore, mete and proper that, at this our first annual meeting, I should again-give you my cordial thanks for this manifestation of your confidence amd favor, though L assure you that I hut feebly and inadequately express my gratitude to you. This is not flic first time that we have engaged in an effort of this kind, but whatever may have been done in the past, or whatever we may have failed to do, 1 am quite sure that we have come to this meeting with the single and de termined purpose that nothing shall be left undone hereafter in our effort to establish this Association upon a firm and enduring foundation, and to make it what it should In*, an honor to the profession and to the State. We have good cause for congratula tion, that within the few months of its existence the Association has attained a measure of success •which gives us as surance that it will not only lie a per manent institution, hut will receive the earnest and cordial supiiort of the mem bers of the Bar. AYe can not hope, though, to increase its membership, and to enlarge tin* sphere of its usefulness unless we inspire the profession with the confidence that wo propose to make it what it was designed to Ik*, a society or ganized in truth and in fact to cultivate the science of jurisprudence, to promote the reform- of law, to facilitate the ad ministration of justice, to elevate the standard of integrity, honor and courtesy in tin* profession, and to cherish a spirit of brotherhood, and a closer fellowship, ami more intimate relationship among its memoers. We must believe that these principles and purposes commend themselves to every lawyer who loves his profession and is proud of its -prestige and past history, of its noble traditions, and of tin* great part it lias performed in the establishment and preservation of good government, in tin* protection of the just rights and privileges of the citizen, and in tin- advancement of bis welfare and happiness. It can not well he denied that our pro fession has always been strong in tin* defence of the cherished institutions of our country, and in the vindication of the constitutional rights and lilierties of tin* citizen, and has ever lieon the de termined foe of oppression and wrong. History. I think, will demonstrate that no other one force has contributed so much as it to the formation and main tenance of good government, the estab- Ishment of wise and beneficent laws, and the more perfect and stable administra tion of justice. Such a profession can not have too much of the veneration ami devotion of its members, and for its ad vancement we can not study too pro foundly or cultivate too assiduously the great principles of jurisprudence, nor can we erect too high. Tor the guidance of its members, the standards of truth, honor ami integrity. It must not be forgotten, though, that, while we have a glorious past to which we can turn with the utmost pride and gratification, the pursuit and practice of this profession imposes upon us responsi ble duties and obligations to ourselves and to the public. In this respect it is somewhat peculiar. AYe have to do with tin* administration of the law and the dispensation of justice, which affect every day the interest*, of the people and the personal welfare of eaeh individual. In what way these laws shall lit* en forced and this justice shall he meted out is a question of vital concern to 'every member of society. The first du ty of the citizen, no less than of the soldier to his captain, is obedience to the law and to those in authority over hi,m. and the government whieh exacts this submission and obedience should see that this law is always administered with justice and equity. If the laws are had. or even if they are good but badly administered, the result must be that the respect and con fidence of the people, for 'whom they were made and whose authority and ap proval they should always have, are eith er lost or impaired, aMI what should he a well regulated system of government and law, founded upon the will and consent of the governed becomes an in tolerable system of oppression and tyran ny. Such a condition should not exist and should mot be possible in a free country, and among a free people devot ed to liberty and justice, and where the supreme law of the land should he tin* sure hope, and our temples of justice the safe refuge for any and all who may seek the vindication of a right, or the re dress of a wrong. But we must first know the law before we can hope to reform or improve tin law and its administration, and tin careful study and cultivation of the doc trines and principles of jurisprudence, is enjoined by our constitution to quali fy us for the discharge of this part of our duty, and to enable us to correct im perfections. and remedy evils in the ad ministration of justice. AA’e must -by research and discussion discover the great -principles which are best adapted to tin- wants and necessities of our peo ple in their ever changing condition and environment, and apply them in the en actment of such laws, and in the modi fication of those that already exist, as will make for their increased happiness SECTION ONE —Pages 1 to 4. ami prosperity. It is true that we are not by profession law-makers, but our influence, if rightly exerted, can not fail to have its proper weight in the enact ment of wise and useful statutes. \A’e have been endowed with better ad vantages and supplied with better oppor tunities than tho layman for the per formance of this task. Our daily prac tice ami experience is ever presenting to us the deficiencies and imperfections of the law, where any exist, and by reason of these special qualifications it is a sacred duty we owe to the State and its people to use our learning and experience in procuring the adoption of good laws, and the greatest certainty and efficiency ini the administration of justice. \Ye can never liopt- to establish a per fect system of law or jurisprudence, but by sufficient and well directed effort, ’f animated and inspired by a consecrated purpose, we can at least set up one, which, if correctly administered, will in sure to each and every citizen the just and equal protection of the law. \Ye should not and must not overlook the importance of having the liest pro cedure by which the law is to be admin istered and its remedies applied. It can not he doubted that the repeal of the ancient, and, in many instances, obso lete rules and forms of common law pleading and practice has greatly facili tated tin- applicatinni of the principles of law and equity to legal controversies, ami has prevented the defeat of justice by mere technical errors or inaccuracies in matters of form which do not affect tin* substantial rights of litigants. But even now there are defects and imperfec tions to be remedied before the law of pleading and practice is moulded into a perfect system or adapted to the correct administration of legal remedies. But our duty does not even end here. We may have the best system of laws anil procedure devised by the wit of men, and yet, without an able and ex alted judiciary profoundly learned in the law and endowed with the highest vir tues. we will not attain the end for which we strive, the wise and unsullied administration of justice, that justice, which. Mr. AVehster said, is the greatest interest or man on earth. We have been told that we may re post* secure under the shade of a learned, impartial and trusted magistracy, and we need no more. Whether this is all we need it is not for me to say, but the claim that a great and good magistracy is the strongest bulwark and defense of the liberty and rights of the citizens cannot -be im pugned. AVe should see to it that our judges are men who, in the language of the elo quent Choate, not only know the law and are upright and well inteutioned. but who will not respect persons in judg ment standing only for justice. The judge should he so clear i:ii his high office that as the ermine rests on him it can find nothing "that is not whiter than itself.” The character of the judiciary can be made to depend largely upon the influ ence of the Bar, and, therefore, if we have an inefficient judiciary we must willingly ae.-ept our share of the re sponsibility. 'How shall our part in) this great work of legislative and judicial reform be ful filled? Individual effort, however well exerted, will not suffice to secure and maintain a good system of laws or an able and upright judiciary. Each lawyer can do something, and, perhaps, much towards this end, but only by organized and concentrated effort can we hope to attain the full measure of success. The Bar Association is the ideal, if not the only plan, that has been devised for this purpose, and if well organized and conducted upon a basis that will en force or insure submission to its authori ty and discipline, I can conceive of no better means of accomplishing this, the desired end, -amd. at the same time, of elevating and ennobling our profession by the adoption of better rules and » standards of honor and .courtesy in our daily practice and methods. Chancellor Kent thought that a com part organization of the members of th*- Bar was essential to the proper support and maintenance of an effective system of jurisprudence. In his'address to the Bar Association of tin- City of New York more than a half Century ago, he used these words: "When we consider the jtmvcrful itiHu ence of the lawyers in our country, when we consider that tq them is committed the great work of sustaining, if 1 may use tin- expression, the machinery of our jurisprudence, when we consider the mighty responsibility resting upon them; when we recall the prejudices and oppo sition. and 1 had almost said hatred of a powerful class of p<*ople, we see at once the necessity of combining .our influ ence, our strength our eloqence in a body or society that shall resist all op position. and strengthen their work in sustaining tin* great fabric- of our juris prudence. by bringing to its aid tin* powers and influence resulting from as sociation.” This strong and impressive language of an eminent jurist which describes a situation not much unlike that which confronts us. clearly and eloquently sets forth the* advantages of organization in any effort that is made to advance and , promote the science of law and jurispru dence which so materially concerns the interests of the State, and the welfare of her people. In this connection we cannot do better (Continued on Third Page.) PRICE FIVE CEN TS.
The News & Observer (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 9, 1899, edition 1
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