Newspapers / The News & Observer … / July 9, 1899, edition 1 / Page 2
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2 Review of the Legislature of 19 (Continued From First Pape.) courage to oppose a measure when it de clared in its title a purpose to repeal or amend an act of the Legislature of 1807. They were met at the oulset with a demand for such amendment to the or ganic law in regard to the subject of the suffrage-law of the State as would pre vent a rej>etitiou of the evils and dangers througli which they had lately passed. To this difficult and delicate task long and anxious thought and investigation was given. If their work in this re spect shall receive as it should, the ap proval of the people and tin’ laments which 1 most earnestly and sincerely believe will come from it, the time will come when the ialKurs of the men who formulated and secured the passage of the amendment should be known, and the honor and gratitude which they just ly merit, awarded them. The amend ment introduced by Mr. Winston, after thorough examination by the committee and legislature was passed. 1 do not think that more honest and arduous pub lic service was ever rendered than by tin 1 members of the Legislature of 1800. The reports show a careful consideration of bills. The committee meetings were attended and the roll calls will com pare favorably with any legislative laxly in the country. The Railroad Commission was abol ished and the act repealed. In lieu thereof a corporation commission was established, composed of three members elected by the General Assembly to hold their places until the next, general elec tion, when their* successors will bo elected by. the people for a term of >-ix years. To this Commission is given the control of railroad, steamboat an 1 other transportation companies, of telegraph and telephone companies, bankfhg and building and loan associations. The act. was drawn with much care by two of the ablest lawyers of the Assembly, and I am sure will by its enforcement secure the supervision and control of corpora tions engaged in quasi-public duties, which has become the well-settled polity of our own and other States. The frequency with which litigation between foreign .corporations nnl om own citizens was removed into the Fed eral courts with attendant delays and expense created a demand! for some preventive legislation. This demand was met by the preparation and passage ts an act entitled “An act to ; rovolo a man ner in which foreign corporation may become domestic corporation.” One might think from its title that these bodies con orate having their oilgin in other States and having par taken of she benefit of being with us had a desire to become of us, and that In response to this wish we with onr usual hospitality, ivolitely provided a way of entrance. To those of ns who know*, only to love and admire the gen tleman whose name is given to the law, it is not surprising that with his usual amiable disposition and charming man ner he gave those whom he would if necessary compel to go his way, an op portunity of accepting a polite iuvit% tion. If any of the "soulless lxxHe*/ affected should hesitate about accepting they would find that it would be well to read beyond the title. The act might appropriately he called one to compel foreign corporations to domesticate. That such has been its effect commends its provisions to the citizens of the State. The “-Craig Law” as it is appropriately called, is destined to give rise to many novel and interesting questions. It is in line with the policy of most of the States of the .Union, and is hut another expression of the jealousy on the part of the States of the encroachments of the Federal Judiciary and the fears enter tained on account of the rapid growth of corporate opwer. Many of those who are invited to come in arc anxious to know if there is any way to get out. I presume that Mr. Craig’s love and loyal ty to the State is so intense that it did not occur to him that anybody, either natural or corporate, ever enjoying the domestication here would wish to become undomesticated. It may he that some provision should be made for this con tingency. The law is a wise and whole some one and will remain on the stat ute book of the State. The insurance laws were consolidated and by an act prepared by the com mittee, the Insurance Department was etsablished, presided over by a Coin missionor. It is believed by those who gave the subject careful consideration that the provisions of the law will pro tect the rights of the citizen and bring into the Treasury large revenue. The rapid increase of the insurance business in its various forms demanded special attention. Provision was made also for the formation of home companies. It is hoped that the subject will attract capi tal and that u part at leyst of the im mense amount of money yearly expended for life and fire insurance will be kept at home. The Agricultural Department was re organized and provision made for the election of tue Commissioner by the peo ple. It was deemed wise to bring this de partment into close touch with the peo ple, whose interests it has in charge. After much discussion an anti-trust law was enacted. This subject was found much more difficult than: was at one time supposed. While the legislature was in harmony and sympathy With the sentiment of the pcbple in regard to com binations of capital and' desired as far as possible to emphasize and give life to this sentiment, many perplexing and serious difficulties presented themselves when the attempt was made to frame a statute. It was found that a number of local industries, important in their na ture, would be seriously affected by any drastic legislation of this character. The act as passed is not satisfactory to the legislature, but indicates the purpose and opinion of the people on this subject. There should be au effort made to secure a uniform system of legislation on this subject throughout the Union. In obedience to the will of the white people of the State, a separate car law w T as passed. Framing this statute in a satisfactory manner was a much more difficult lass than the authors or the peo ple supposed. A vast deal of thought and labor was devoted to it. That t'lu* law as finally passed <is not perfect is recognized by all. Observation and ex perienee will enable future legislator to correct errors and bring the law in bar inony with the will of the people and make it meet the conditions of this State. legislation along new lines is always experimental and must under the con structive mind of the legislature and the courts be moulded into form to meet the will and needs ol' the p«Hiple. Os course the ever-recurring subject of public mails received due consideration. Under the guidance of Prof. Holmes an act was framed, which it is believed if given a fair trial, will adjust 'itself to the various conditions and needs of the •State. Road-building is the work of years and not of days. Military neces sity or the most enlightened public sen timent must exist to bring about this most "important work in the economy of civilization. The law enacted is elastic and can »e enforced only as demanded by the local constituencies. The impor tance of good roads in North Carolina cannot be exaggerated and the man who shall succeed in> arousing the peo ple to a recognition of the necessity for work on this line will be entitled to. and after wearing Ids life out in their ser vice will probably have a monument. As an indication of public sentiment in regard to the liquor traffic wc find that thirteen disixuisaries were established. To this sueject the legislature gave much tnought. It refused to reiienl any laws or take any step backward. We may look for a continued agitation and probably an increasing demand for leg islation of this character. Like all sub jects involving and arousing the moral sentiment of the people there must be a recognition of the fact that it Will not down at any man's bidding. It may be that a statute (providing for local elec tions w... afford a solution of it. It is a significant fact that the number of dispensaries and the number of grad ed school ndls enaett'd were the same. Thirteen towns and cities were given permission to vote upon the establish ment of these schools.' 1 think that every election held during the past spring has resulted favorably to the schools. The general school law received care ful consideration and attention and the objectionable features of the law of 18!*7 were repealed or amended. It is to be hoped that the school men at some time in the near future will discover the se cret for making a school law which will meet the demands of the people and pro mote public education. It would seem that some plain and simple provision was sufficient and when adopt ed should he given a fair trial. The subject of municipal government by reason of recent events has become one of intense interest. A large num ber of charters were revised. Many towns and cities secured new charters. There has probably not been so large a demand for legislation upon this sub ject for many years. 100 charters were enacted or amended. The Supreme Court having held that under the 'Con stitution of .1877* systems of county gov ernment were not required to be uniform many of the Eastern counties demanded special acts increasing the nunifiers of commissioners and magistrates and fill ing the vacancies by tin* Legislature; to the system of county government es tablished in 1877. While the peculiar conditions temporarily existing would seem to justify this class of legislation it must be conceded that upon principle it is not to be eomnuuided as a perma nent system. While there should be a suffcieiiit elasticity to secure local gov ernment to meet foea 1 conditions there slum I<l be a constant effort to bring about practical uniformity. The election of magistrates and commissioners in one comity by jwipular vote and by the Gen eral Assembly for a neighboring county, and this subject to constant Change, is certainly open to serious objections. The desire on the part of towns for local im provements such as water works, lights, paving the streets, etc., is shown by the large number of acts passed iiermfitting the people to vote upon the proposition for issuing 1 winds for suc h purposes. The Ooustltutiouirl provision in regard to the .method of enacting this class of legisla tion was carefully observed and we hope that the public credit may not receive further attacks by repudiation of mu nicipal indebtedness by reason of the infirmity of the acts under which the bonds were issued. The healtn officers of the State called for several measures. A carefully pre pared law for preventing the sale of adulterated food was enacted. A law was also passed for better securing pure water for the people. The industrial revival in the State call ed for the passage of more than the usu al number of charters. Os these 102 were enacted, providing for the build ing of railroads, cotton mills and other industrial enterprises. Twenty banks were incorporated. The Bar Associa tion can render no greater service to the State than by instructing its committee on legislation to prepare for the consid eration of the next General Assembly a company or co]*|w»ration act. The vast number of bills of this character, usually prepared by the attorneys for tin* promo ters cannot in the limited time given to the General Assembly receive the care ful consideration which the best interest of the State demands. As is well known to the profession quite a number of the States have found it necessary to pro hibit the granting of charters by special acts. It frequently happens that ex tensive and dangerous powers are given to corporations by these .ejieeial enact ments, which would never find their way into the charters granted under the gen eral law which should be carefully ex amined by the Attorney General before being issued by the Secretary of State. Private legislation is a serious hin drance to the proper consideration of im portant public measures. Unless some means can lx* devised (for relieving the legislature of this work then* should be a constitutional amendment upon the length of the session. , The passage of an act codifying the law of negotiable instruments and bring ing our law ou this imiw>rtant subject into harmony with that of many States was brought about largely by Sir. Bou slial of the YVake delegation. It simpli fies and makes clear many principles of law in regard to negotiable instruments which were heretofore doubtful. The North Carolina Bankers’ Association have caused the act to be carefully annotated by Mr. S. F. Mordecai, an eminent memlfer of the Relaigh bar. To the business men of the State this is a most valuable service and deserves an expression of appreciation. The revision and codification of the law regulating tin* probate of deeds and other instruments requiring registration meets an urgent demand. The numerous statutes which had been passed from time to time prescribing the mode for taking the probate of such instruments together with the number of validating TnE NEWS AND OBERVER, SUNDAY MORNING, JULY 0, ISM. and curative acts had brought this much important subject into great confusion. It was becoming difficult for even the .most careful lawyer to pass upon the title to real property; especially was this the case in regard to deeds executed by married women. The act of 185 H) cou pled with the registration laws in force secure to us a simple and safe method of securing title to real estate. There are few subjects in the law more in teresting tivan the history of legislation in regard to the registration of deeds. We find that in his day Sir Mathew Hale was wrestling with this subject. An act was passed for the investiga tion of incendiary fires, giving to the ■Commissioner of Insurance large pow ers. The expense incident to the en forcement of the law is paid by a small tax levied upon insurance companies. An election law was prepared with great care and after thorough discus sion passed. It will probably receive the usual criticism by the minority and lie vigorously defended by the majority. It has been to me a mystery that gathering the sense of tin* people can not oe provided for by a simpler mode than the legislators of tin* past twenty five years have prescribed. it is. 1 trust, not Utopian fancy that sonic day we may have an election law so simple that all can understand it and so fair that all will commend it. There arc a number of excellent features in the law of 18!)!). Its length *■'■ its m st objectionable feature. It is certainly a marked improvement upon that of 18!)7. The statutes in regard to the regula tion of tin* insane asylums were carefully revised and consolidated. Provision was made for the care of the criminal in sane. An act was passed rquiring the cross indexing of wills, providing that the name of each devisee and legatee to ap pear in the index. This will prove of much service in tracing titles. The act of 18!>7 permitting the defend ant in civil causes to demur to tin* plain tiff’s evidence and move for judgment upm the close of the plaintiff’s evidence known as the “Hinsdale Act,” was so amended that if the motion is refused he may except and ap|M*al, or if lie so elect, proceed to introduce his evidence, in which event he shall lx* deemed to have waived his execution unless he shall re new his motion when all the evidence is in. If the verdict of the jury is adverse he shall have the benefit of his exception on appeal. This change in the law ot procedure docs not scorn to have the approval of the court. It is certainly a departure from the theory upon which trials in civil actions have boon con ducted in this State. By it a party may take up the entire evidence and have the court to search for “a needle in a hay stack” for error. When court ste nographers shall once conic with tin* march of progress and every word of the witness he taken down the records will he very long and the expense incident to an appeal ninth increased. The law has some advantages over tin* old mode of trial, but it is by no means certain that better or more certain and satisfac tory results will he attained. It will lx* well, however, to give the new law a trial. By Chapter ltil clerks are prohibited from appointing themselves or their dep uties commissioners for the sale of land in proceedings {tending before them. By chapter 57 a promise to pay a debt discharged in bankruptcy is required to be in writing. 'Jin* law regulating the legal rights of married women was changed in only one particular. The disability danse 1 in the statute of limitations was repealed as regards married women. This 1 con ceive to be eminently wise. We should either return to the old testament view of husband and wife and make him the* res{K>nsil»le head of the family or make our modern conception which converts him either .nto an overseer or steward of his wife’s estate with abundant power to contract debts and absolutely no lia bility to pay them consistent. The wifi* should either lx* permitted or coin] x* Med to pay her debts as a feme sole or be deprived of the power to contract them. It may he that my ideas are out of date, but 1 cannot help thinking that when the future historian shall write the his tory of the people of North Carolina ami seek to know something of our moral conception in respect to the transactions of married women In* will find much in our statute and Supreme Court Rc|»>rts on the subject which will not be a source of pride to our children. The tendency is very strong to make husband and wife two instead of one. 'Die very significant law in force in this State for many years placing a pro hibitory tax upon emigration agents was repealed. The legislation looking to the change in the management of our penal and other State iinstitutions found its way into tin* court. The celebrated case of 'Hoke vs. Henderson, said by .lodge IVarson to contain a “mine of learning” was very thoroughly discussed and re- Miss Lockheart’s LETTER TO MRS. PINKHAM. [LETTER TO MRS. PINKUAM NO. 67,104] ** I cannot express my gratitude to you for the good that Lydia E. Pink harn’s Vegetable Compound has done for me. I have taken five bottles of the Compound and two boxes of Liver Pills and feel better in every respect. I had suffered for years with dropsy; the veins in my limbs burst, caused from the pressure of the water. 1 had the worst kind of kidney trouble, faint ing spells, and I could not stand long at a time. I also had female weakness and the doctor said there was a tumor in my left side. The pains I had to stand were something dreadful. A friend handed me a little book of yours, bo I got your medicine and it has saved my life. I felt better from the first bottle. The bloating and the tumors have all gone and I do not suffer any pain. lam still using the Vegetable Compound and hope others may find relief as I have done from its use.”— Miss N. J. Lockheabt„Box 16, Eliza beth, Pa. Only the women who have suffered with female troubles can fully appre ciate the gratitude of those who have been restored to health. Mrs. Pinkham responds quickly and withoutcliargc to all letters from suffer ing women, Her address is Lynn, Mans. viewed. The opinions and dissenting opinions of the justices indicate a very wide divergence of opinion upon the ex tent of the power of the Legislature to abo.ish legislative offices and provide new agencies for management and con trol of State institutions. Without in tending to trespass upon the domain of the court or discuss the conclusions reached, it would seem that the doc trine of that case must continue 1” be open for argument until the court of last resort come nearer being of one .mind in regard to it. It is 1o he regretted that the divorce law was amended by making an addi tional cause for an absolute divorce. Tin* act is so guarded that but few eases can conn* within, its provisions. Legis latio.n of this character is to lx* discour aged. No (State can safely weaken 1 , the sanctity of the marriage relation. By Chapter .*>”> thE* question as to the power of a judge to restrain by injunc tion an officer in possession of an office from discharging its duties pending a civil action to try his title is put at rest. Whatever may have been the diversity of opinion iin regard to the power the act forbids its exercise. The revenue act contains but few new features. Tin* merchants’ purchase tax in regard to which many petitions Have for years been presented, was omitted and a graduated license tax upon mer chants imposed. The tax imposed by the act of 18!>7 lineal and collateral in heritances was repealed, 1 think wisely so. Some changes were .made in the manner of listing for taxation shares of stock in corporations. Purchasers of land sold for taxes are not permitted to demand a deed therefor at the expiration of twelve months until personal notice or by publication, is made to the owner or ]x*rson ini possession. Affidavit is reqniml by such purchas ers that these provisions of the law have been complied with. The usual appropriations were made for pensions and Soldiers’ Home. A large number of bills were passed for the relief of soldiers of the late war in regard to pensions. The policy of the State in providing for her soldiers is well and wisely fixed. There will be no backward step taken, but there should be some provision made for passing ii)xmi and settling claims for pensioners otherwise* than by s|x*cial legislation. It may be that tin* Veterans’ Association should lx* invited to take the .matter un der consideration. Every ’meritorious claim should be allowed, but the State should not he imposed upon. The Leg islature is scarcely the proper body for passing upon the merits of each claim. Recognizing our duty to preserve tin* memorial™ of the valor of onr soldiers in tin* war bet ween the States to the end that a truthful history thereof may be written an net was passed authorizing and directing the publication of a sketch of the history of each regiment of the State serving in tin* Confederate army prepared by the authority of the Confed erate Veterans’ Association under the supervision of Judge Walter Clark. An appropriation was made for the purpose of erecting a bronze statute of Z. B. Vance on; the cnpitol square in Raleigh. 1 think that this most appro priate act may mark the recognition and discharge of a too long delayed dirty and that at each session of the General Assembly a like appropriation may be made to place statues of those who in war and in peace have served the State and shed honor and lustre upon her name and history. For the first time in the history of the State in addition to*the usual tax levied for public schools the sum of one hun dred thousand dollars was appronriated for this purpose. The bill was introduc ed by Mr. Holman of Iredell and passed with practical unanimity. This is tin* most substantial evidence of the pur pose of the State to do her full dntv to her children in making provision for their education. Tin* passage of this measure was to my mind one of the most eventful acts of the General Assembly of 18!)!). It guarantees tin* support and improvement of our public schools. Lulior day was made a legal holiday. The criminal courts of the State were reorganized, new districts made and an effort made to give them a strong po sition in our judicial system. It is probable that these courts wll become a {Humaneiit feature in our judicial sys tem. The divorce of tin* criminal and civil dockets meets with the approval of the bar and the people. I’revision was .made for tin* re-organi zation of the State Guard which had be come somewhat disorganized by the re cent Spanish-Cuban War. I nave thus in a general and not very satisfactory manner made a resume of the acts of the General Assembly of loot). Os course there are a number of statutes of interest to members of the bar', mention of which have been omit ted. The old so-called argument of the demagogue that lawyers wish to so legislate as to confuse tin* law and in crease litigation has ceased to promote the ambition or interests of those who made it. I am sure that nine-tenths of tin l legislation simplying tin* law and removing obstructions and uncertainties lias emanated from lawyers. The haste with which most of tin* legislation is done renders it next to impossible to avoid mistakes. lam of the opinion that some measures should be adopted look ing to the prevention of errors hi stat utes. Every bill before ij is passed from tile branch of the General Assem bly from which it originated should be printed and copies furnished to the intro ducer and each member of tin* (Vinniit tee on Engrossed Bills. After its final pa sail ge and before receiving the sig nature of the presiding officers it should be printed and examined by some expert practical proof reader. The Bar Asso ciation through its several committees should give this subject careful atten tion and make such suggestions as will bring about reform along this linn*. Having discharged the duty imposed upon me I desire to express my sense of appreciation of the kind consideration which prompted its imposition. When New York’s junior senator takes his sent his colleagues will proba bly greet him with “Hello, Central.” EDUCATIONAL INSTITUTIONS. Trinity College Forty-fifth year opens Wednesday, September 6th. Women admitted to all departments. Send for Catalogue to PRESIDENT KILGO, 6—22—1 m Durham, N. C. EDUCATIONAL INSTITUTIONS. DAVIDSON COLLEGE. DAVIDSON. N. C. Sixty-third year begins September 7th, 1899. Ten Professors and Instructors. Courses for A. 8., B. S. and A. M. Laboratories well equipped. Gymnasium complete. Water-works and Baths. Classical. Mathematical, Scientific, Literary, Biblical and Medical. Send fora Catalogue. J. B. SHEARER, President. n • J 2} $ students, 27 counties, 3 states. Best of nil 1 1 \ a( 3vnntages i n Business,Shorthand, Telegraphy, 1/ UI v 0 Music and Art. Prepares for college or university For both sexes. Ideal p . K country location. 17 miles to a bar-room. I ] j'jMt Military optional. Li brary. Board 4to $7 “ Tuition $1 to $3 * For catalogue apply to 4 .1 nrn .. REV. J. A. CAMPBELL. Prin. fl (,| (IPTTI V ADD COMMERCIAL SCHOOL, c -„. RUIUUIIJ AT DIMPUAM QPUnm ORANGE COUNTY, THE,... DINUIIHm OUIIUULf near MEBANE, N. C. (Lstiiblislicd Your boyscanhave a beautiful and healthful country home on the Southern Railway and plenty of shade, pure water and fresh air. Athletics encouraged and healthful sports enjoyed. Scholarships, prizes and medals. Wholesome and abundant food. Every class and course for one tuition fee. Bible, classical, scientific and business courses. Se en thorough teachers. For handsomely illustrated catalogue free address, PRKSTON LEWIS <;HAY, It. 1... Principal. Bingham cchool Mebane, N. U. •••••••••••••••••••••• •••••••••••••••••••••• | PEACE INSTITUTE, «v. C | • A FAMOUS SCHOLL FOR GIRLS. VERY THOROUGH AND OF HIGH GRADE. • 9 Judge Geo. D. Gray, Culpepper, Va., says: “I sincerely believe it is the very best 9 A Female School of which t have any knowledge. Certainly, if I had the choice of all 9 a the schools known to me, Noith or South, East or West, I would unhesitatingly £ Z choose Peace Institute. 9 • Jas. Dinwiddie, M. A., 5 • Illustrated Catalogue free to all who apply. PRINCIPAL. # •• •••••••••••••••••••••• ••##•••••••••••••••••• J | St. Mary’s School, Raleigh, N. C. 5 • 2 2 The Advent Term of the Fifty-eishth School Year begins September 21, 1899. ® A Courses in Literature, Languages, Ancient and Modern Science, Art, Music and w Z Business. Modern Sanitary conveniences in each Dormitory Building, For fur- 9 J ther information apply to the Rector, 9 3 KEV. T. D. BKATTON, B. D. f • 2 (SUaremont (Tollrnr THE STATE NORMAL AND INDUSTRIAL COLLEGE OF NORTH CAROLINA. Offers to young women thorough literary, classical, scientific and industrial education ami special pedagogical training. Animal expenses $!M> to $130; for non residents of the State $l3O. Faculty of o 0 members. More than 400 regular students. Has matriculated about 1.700 students, representing every county in the State except one. Practice and Observation School of about 250 pupils. To secure board iu dormitories, all free-tuition applications should be made before August 1. Correspondence invited from those desiring competent trained teachers. For catalogue and other information, address PRESIDENT M’IYER, Greensboro, N. C. - '■ “ 5= —rr.-. - " . . ■ ■ -"" ■ ——~ WHITSETT INSTITUTE. Able Faculty; 200 students from 35 counties; Expenses $75 to $l5O for ten months; 25 Scholarships; Literary, Business, Teachers’ Normal, Music, etc., 17lh Year. Beautiful and Healthful Location. Highly endorsed. Scores of successful graduates. Boarding Halls, Dormitories, etc., all on school grounds. Illustrated Catalogue Free. Address the President. W. T. WHITSETT, l’h. D., \\ hitsett, Guilford County, N. C. Fall Term Opens August 16, IS'J'J. THE COMMERCIAL UNIVERSITY Raleigh, North Carolina. A High Grade Business School Open the Year Round Day and Night Sessions. You’ve onlyto ask for a Catalogue. JUDSON PEELE, PRINCIPAL. “oxford seminary, oxford, n. c- Fiftieth Annual Session Opens August 30, 1890. Facilities Increased, Charges Reduced, Boarding Accommodations En'arged. Extraordinary advantages in Music, Art, Elocution, Stenography and Typewriting taught. CHARGES FOR ANNUAL SESSION. Hoard and full tuition in English with Latin and French •• $ 126 00 Music 40 00 For illustrated Catalogue, apply to F. P. HOBUOOD, President. For Girls anil Tint Won Noted health resort. Pure mountain air and water.' Ten schools tn one. Char tered by the state. „ S4OO Piano given to best‘music graduate. Home comforts, faculty of 14 ‘Wntveretty ! flDen ant> TOomen. Students from nearly ev i ery Southern state, also from i Canada.Westernand North j ern states. . , f Reasonable rates. Write 1 for catalogue. S. P.; HATTON. A. M., i. President#
The News & Observer (Raleigh, N.C.)
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July 9, 1899, edition 1
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