Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-07-31

taken up, read and rejected upon its sec
ond reading.
The bill in regard to regulating proceed
ings in contested elections, was, on mo-
ton of Mr.. Durham, referred to the Com
mittee on the Judiciary.
The hour of II having arrived, the House
proceeded to consider the special order,
viz An act in relation to Provisional
Municipal officers"
Mr.. Ellis opposed the whole bill. His
argument was very able and we'll fort1hed
by the Constitution, from which he made
many extracts. The speech being too
long for present publication, it may appear
hereafter.)
Seymour supported the bill.
Mr.. Pou made an argument against 1t.
Leary (negro) favored the passage OF the
bill.
Latin (c. b. read written speech in fa-
vor of it.
Mr.. Durham, with his usual ability, held
the friends of the hin to the Constitution
While he himself lad opposed the ratifi-
cation of that Constitution, he now was
one of its most faithful supporters, and he
threw it in the path of the rampant Radi-
Gals, and compelled them to stumble over
III in their greed for Office.
Seymour moved the previous question
upon the adoption of the bill, on its Sec
ond reading. The call was sustained. and
upon its passage the yeas and nays were
called for. with the following vote:
YEAs.-Messrs. Allison, Bowman. Barnett,
Blair, Barnes, Carson, Gambler, Cherry, (nesro),
Crawford, lnesro,) Dixon, Downing, Foster,
Franklin, GahagaI, Gunter, Gilbert, Graham,
Hutchings, Harris, Of Wake, (regro,) Hodgin,
Henderson, Justice, of Rutherford, Kinney, ca
~, (ncSro,) Latlin, Mayo, (negro,) Morrill,, Nc.
Caness, Moring, Peck, Proctor, Pearson, Rob
bins, negro; Reafrow, hea, Smith, OF Martin
Stilley, simmons, Seymour, Stevens, Sweat, (ne-
Whitley, White and Waldrop.
NAYs-Messrs A1go. Armstrong, Boddie, Clay
tor, of TraDsylvania, Cawthorn, negro, Davis,
Ferebee, Gatling, Gibson, Hodnett, Hicks, High,
Hnmphrics. Farris of Franklin, Hnnant, Hsw-
1,ins, Jarvis, Kelly, of Davie. Long, of Chatham,
Moore, Mendenhall. Nicholson, Pou, Parker, Pre-
fit, Robinson, Smith, of Allegheny, Shaver,
Stanton, Thompson, Nestal, Wiswall, and VIII
hams.
On motion of Seymour the rules were
suspended and the bill was put upon its
third reading.
Downing moved to strike out in section
2, line 3, the word October and insert
"January." Carried.
Sweat, negro, offered an amendment
making every man within the limits of the
town on the day of election voter.
Mr.. Durham denounced the amendment,
ard moved to adjourn-calling for the yeas
al d nays upon the motion.
The yeas and nays were called and re-
suited i'll the motion beiLg lost.
The question required upon Sweats
amendment.
A motion to lay the amendment upon the
table was made and lost
After much difficulty the Radicals per-
suaded Sweat to Withdraw his amendment;
+s Mr.. Durham had moved ITS indefinite
postpouement, and had called for the yeas
and nays IN order to make them go On re-
cord.
After some further wrangling the bill
passed its third and last reading, in the fol-
lowing shape:
AN ACT
IN RELATION TO PROVISIONAL MUNICIPAL OFFICERS.
SECTION 1 The GtneraL Ass. nlb!a Of North
Carolina do enact as tOtUarS all n'unlcp pa
ttic III ali towns, cities and Incorporated villa
gs in The state. which have been II led under ii
Provisional GOvarEm- Mt since the close of the
10y ,.lec ion or appointment, be aud are he G
by declared vacant, and the Governor is directed
b, reby to Fl such offices with app0intees, who
shall hold such .tfices and discharge the functions
thereoi until election may be held under the
Constitution of North Carolina
SEC. g. That in ali towns, cities and incOrDOra a.
ted villages, election for municipal Htfice1s
shall be held on the hrst Monday or January next,
and reg uIary each year thereafter.
SEC. 3. The officers to be appointed bv the Gov
shall attend to the registration of voters in
said municipal corporations. and hold the elec-
tions above provided for.
SEC. f. All charters, laws, acts, and parts OF
acts, inconsistent with the provisions of this act,
are repealed.
SEC. S. Any provisional officer refusing to COM
ply with the provisions of this act, and deliver his
office, books, papers, records, &c. to his success
sor duly elected, or appointed and qualified shall
be deemed guilty of nlsdemeanor, and may be
fined not more than five thousand nor less than
one thousand dollars, and Imprisonment at the
discretion Of the Court.
SEC. 6. This act ahall take effect from and after
It's passage.
On motion of Seymour, the House adj
journed.