Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-12-25
SENATE.
"WEDNESDAY, Dec. Is, 1868
INTRODUCTION OF BILLS, &C.


"WEDNESDAY, Dec. Is, 1868.
INTRODUCTION OF BILLS, &C.
By NJ, Respass 4 bill to omplete the
State canals in the county OF Hyde. Re-
ferred to the Committee On Education.
1t appears that these works run through
the lands belonging to the Literary Fuud,
and the bill asks for all appropriation Of
$4,000 to complete the wolk,
BY Mr.. Legg A bill for the relief Of W.
NJ. d. More, late Clerk of the County
Court of Brunswick. Referred to the
Committee on Propositions and Grieyan-
ces.
By Mr. Welker A resolution proposing
to raise committee to investigate thor
oughly the action Of the committee ap-
pointed to purchase site for the Peniten-
tiary, and to report al the facts by the 18th
of January next. Adopted.
On motion Of Mr.. Robbins, the use of
the Senate Chamber was granted, from
o'clock, to the Attorneys of the State, to
consult with the Code Commissioners in
reference to the Code.
THIRD READING OF BILLS.
Bill to amend the charter of the city of
Wilmington. Passgd q unanimously.
Bill making al appropriation OF $50, 600
Passed unanimously, ordered to be en-
crossed and sent to the House.
Bill to repeal an act to provide for the
employment of convicts and the erection
of Penitentiary passed-Messr Blythe,
Burns, Cook and Rich voting in the mega
tive.
Bill to incorporate the University Rail
road Company passed by the following
vote:
AYEs-lIess,s. Belamy, Blythe, Colgrove,
Cook Davis. Eaves, Forkner, Galloway, colored,
Hayes, Lassiter. Lindsay, Martin iale. Moore, of
Carteret. Osborne, Rich, richardson, Scott
Smith, Stephens, Winstead and Wills Jn-2t.
NAYS Messrs barrow, Beasley, Brogden,
Burns, harrington. -or g, Love- Melchor Moore,
ofYaneey. Mci .ushlin, kobbins, shoffner, Sweet
and Weiker-14.
Bill to re-enact and continue in force an
act authorizing the Commissioners of Fay
ettevilie to issue bonds.
Mr. Harrington said the intent of this
bill was simply to exchange the OLD bonds,
which have already been issued. for new
bonds.
Mr. Barrow said it vas clearly in oppo-
sItiol to the provision of the new Constl-
tuition, and therefore unconstitutional, and
moved to lay the bill Oil the table which
prevailed.
Mr. Jones, of Wake. said that it would
be ecoiiected by Senators that, some time
since, a committee Lad been appointed t"
Investigate charges of bribery. He did not
know who the ch ,irman of that committee
was, but he desired to enquire why the re
port was delayed. Members were going
home, and they desired his matter cleared
up before they left. L Senator on the foo
nad stated that he knew of cases of bribery
and that Senator was q member OF the COM
nittee. He should like to know when th-
report will be made, and hoped it would
not be delayed.
Mr.. Sweet said that, "a q member of that
committee, he would say that the report
would be forthcoming AS soon as the who's
matter is thoroughly inv. stigated. He could
lay for the Senate branch Of the commit
tee that they intended 10 sift the waole
matter to the bottom, and did not iut.'nd
70 make any report until it was done thor
oughly, notwithstanding the anxiety OF the
Senator from Wake, Or any other Senator
TO see the report.
On motion, the Senate adjourned nnti
to morrow II o'clock.
HOUSE OF REPRESENTATIVES,.
WEDNESDAY, Dec. 16, 1868.
SPECIAL ORDER.
The bill entitled "an act to re-enact and
confirm certain acts of the General Assem-
bly, authorizng the issue of State bonds tc
and for certain railroad companies.
Mr. Lxfin, who reported this bill a.
chairman of the Internal Improvement
cDmmittee, arose to MAKE some remarks
upon it, when
Mr. Poa made Il pOlnt of order, saying
that the resolution which was adopted yes
terday pos.poniDg all bills appropriatlne
money until the second Monday IN Jan
uary next, Included this bill
The chair said that he understood thu
motion as only applying to the bills thel
pending This bill being then in the pos
~ession Cf the committee, that motion
would not apply to it.
Mr.. Latin then resumed, saying that th
House would stultify itself by refusing t.
confirm their acts in this matter, &c.
Mr.. Downing also advocated the passag
of the bill and Mr.. Bowman also was ii
favor of it.
Mr.. Pou said am surprised to Sc
members Of this House persist in their ef
forts to pass measures through the Genera
Assembly, which they ought to know now
and which, in few months, they certalnl
will know, are not constitutional, and con
sequently not capable OF being trans1orne
into law.
Sec. 5, Art. V, of the State Constitutio
clearly shows that the General Assembl
has no power now to contract any new deb
in aid either directly OF indirectly, Of an
railroad enterprise unless in the " sam
bill authorizing the contracting OF tn
debt special tax is levied to pay the inter
est annually on the debt so contracted, tn
bonds of the State being not nov at par.
The bills passed last August, lending tn
credit f the State to various Railroads ar
clearly without constitutional authority
because the same bills made no provlslo
by levy OF special tax to pay the lnteres
annually on the debt so contracted.
This fatal defect is we'll known to th
friends of the railroad aid bills passed a
he late session, and they seek in this bi
| 20 cure it.
The cure may be made as to the road
hat were begun, but not finished at th
late of the adoption of the Constitution.
But this BID seeks to do more. Sec.
| f Art. v of the Constitution provides tha
| 4boprh spociol he levied Il