North Carolina standard., 1851-02-12
For the NORTH carol,na Standard.
Odftl3Iu ot.-IuaIus
An Act to incorporate the Raleigh and Castor

/ For the North Carolina Standard.
] An Act to Incorporate the Raleigh and CASTOR
Rail Road Company.
/ The journals of the two Houses show that bill
under the above title introduced into the Senate
| by the Senator from Halifax, Col. Joyner; that it
j passed the Senate with some amendments; that it
was printed and duly engrossed that on being read
the first time in the House of Commons, it was re-
ferred to a select Committee, of which R. M Saund-
ers was Chairman; thatit was reported back to the
! House with amendments. Til ese amendments were
marked sections A, 5, 6 and 7, which were pro-
posed to be inserted as sections that the report,
with these amendments, ordered to be printed.
The journal of the House shows that this first Sec
tion of the proposed amendments amended, when
the whole was adopted. That after this the second
section of the Senae's bill was amended as the
third and some of the other sections. These various
amendments are regularly entered in their proper
places. The Committee did not propose making any
amendment to the 4th, 5th 9Th or 7th sections of the
Senae's bill, nor does the journal of the House show
any motion either to amend strike out either of
these sections The bill having thus passed, was re-
turned to the Senate. That body refused to concur
| in the amendments. and returned the whole to the
House, with proposition for Committee of con-
ference A majority of this Committee reported back
the bill to the Senate, proposing amendments to the
original bill substitute for those which had been
made in the House. These amendments were con-
CURED in by the Senate but the House refused to
concur and returned the bill to the Senate insisting
on its amendments. The Senate receded and finally
concurred in the amendments originally made in
the House, and thus the bill passed.
These details and this history are all fully sustain
ed by the journals, and doubt such the facts.
But now comes the difficulty. The bill as originally
introduced and amended in the Senate, passed three
readings in that body it was then regularly engross-
ed, was amended in the House, and then read three
times the Constitution requires. But by the rules
of both Houses, {" after bill shall have passed both
Houses it shall be duly enrolled suitable paper by
the Engrossing Clerks, before it shall be presented
for notifications; and further, after examination and
report by joint Committee appointed for that pur-
pose, " each bill (after being enrolled,) shall be
ratified and signed by the respective Houses-hrst
by the Speaker of the House of Commons and then
by the Speaker of the Senate " 1t appears that the
person who enrolled the bill in copying from the
bill as engrossed, seeing four sections introdu
ced by way of amendment, and no change in numb
erng the sections they stood in the bill omitted, the
four sections of the Senates BILL and in the haste
and confusion which attended the close of the ses-
sion, the examining Committee did not detect the
error and the bill was thus signed by the Speakers.
The question thus arises whether the engrossed bill
it passed both Houses, is the law the errone
enrolled and signed by the Speakers
The Constitution provdes-'' IL. that all bills
shall be read three times in each House before they
pass into laws, and be signed by the Speakers of
both Houses. - The requirements Of engrossment
and subsequent enrolment made under the rules
of the two Houses, and though proper in themselves,
can a bill duly passed according to the letter OF the
Constituti on be thus rendered invalid from mere
clerical omission :? The members of the last ses-
sion Of the Legislature are still members, and will
continue to be until superseded by election in |
1859. So the Speakers continue as presiding officers
of the two Houses, until removed or superseded by |
a new election. Why, then, cannot they now sign
the bill passed, their being clearly satisfied OF
the error! The question may admit of doubt, but
certainly is far from being clear against their right
and duty.
But is the omission of The four sections so impor-
ant and necessary to render the act invalid and
incapable of execution 1t is thought clearly not.
The first section of the act it stands, names the
t0D miss hn alnCnr M
Dany by the name and style of the Raleigh and Gas
ion Rail Road Company. with all the powers and
privileges usually granted to such Companies. The
second section declares the amount OF the capital to
,e SOC, 900 dollars, and that the subscription of
me half of that sum the subscribers shall be entitled
o one half OF the Road. The third section provides
or opening books of subscription, which are to be
eft open until the first day of October next. The
ourth fifth, and sixth sections give 10 The old stock
FOLDERS and oblgors the preference in subscribing and
eleases them from all liability to the State OIL the
expenditure of 100000 dollars in the reconstruction
If the Road with heavy T iron. Of the four sections
united the first provides for the calling together of
he Stockholders second, authorses the appointment
f three directors behalf of the State by the Board
+ Internal Improvement, and the election of four
rectors by the Stockholders, with power to elect
President third gives to the President and Direct
rs the power of making such contracts as may be
cessary for the reconstruction of the Roads and the
ourfh, the power by the President and Directors of
nforcing the payment of subscriptions in summary
1ay. These the omissions. all of which can be c
eady supplied by such regulations in the bye-laws q
may be adopted by the Stockholders at their first
eneraI meeting. The only point of difficulty is in the
ppointment of the three Directors for the State But
subsequent section of the act gives to the Board
Internal Improvement the power to appoint suit
BILE person represent the interest of the State in
II public meetings, and as the President and DiFec-
,rs referred and recog nized, it is presumed
nat serious difficulty arise that score.
There be question: if the stock shall be TAX
n and the act carried in good faith, il passed
9th branches of the Legislature the next will ratity
nd confirm any thing and every thing which shall
ave been properly done. Let, then, public meeting
called in order put the matter under way; and Jet
lie Commissioners proceed open books, and doubt I
ss every friend of the measure will exert himself
secure the charter, and complete work so mPor- >
mt to the State, and which promises to be such a =
vorable investment to individuals. .
r. M. SAUNDERS. !
L..