The weekly standard. [volume] (Raleigh, N.C.) 1869-18??, 1869-12-08
THE, LEGISLATURE
n tAe senate. thursday, Dee. ;. ne


Mr.. FoRKNER, for the committce on Internal
improvements, reported iavorably bill to in
corporate the Valley Railroad Com pany.
Inc resolution requiring twenty copies of the
ADDRESS of Professor Kerr, State Geologist, de-
1vered before the State Agricultural Society 10
be printed was rejected.
Yeas IL, nays IA
A resolution respecting the tax assessed on
the Raleigh & CASTOR and Wilmington & Wei
don Railroads.
Ordered to be referred TO the Committee on
Internal Improvements.
Mr. BRoGDEN hoped the resolution would not
be referred, as the subject was OF great impor-
lance to the Sheriffs of certain counties at this
time. That they had been maturely considered
and they were intended to prevent mutiplici-
ty of suits. 1t was well known to the Senators
that every Sheriff in the State had to settle his
public accounts with the Treasurer within
certain time, and up to the present believed but
one or two Sheriffs have settled their accounts
These resolutions were absolutely indispensable
to avoid law suits with ten or twelve counties
and to avoid expense and trouble hereafter n,
hoped the measure would pass at once
Mr.. RoRBINs moved that the rules ho cue
pended in order that the resolution IL mt nnn,,
its passage ' "Fen
Agreed to.
NJ. Cook objected,
Mr.. LAss1TER said he opposed this rauo,ntion
the other day bu since he had a conyersat;on
with a lawyer Who has the matter in hand aNd
who informed, him that the question would he
aaJG Il s ut the earliest possible time he
Mr. COX believed the question a LITTLE deener
ana OF more Importance than it seemed To he
IL WIS presumed that the General Assembly had
sou its right TO those railroads to certain parties
slhng them every right and privilege without
'iNactinS any taxatio n whatever, but under the
eo W It granted them no such indulgence
ne oeneved these railroad companies had the
rignt TO levy an injection against the sheriffs if
lucy were collectiRg taxes Illegally
hr. GALLOWAY said that the Senator from
y.tohns.on, Mr.. Cock, inferred that we had sold
tne roads ontand that they had become private
corp3rations. 1t is, however, distinctly under
sto'Jd that they are working under the same
CD arter they were heretofore. If they were ex-
e!npt trcsn taxation by the State being a large
owner IN the roads and since we have sold out
the tHterest the State he believed we ought out
OF courtesy grant the request that is asked and
a9aw the Supreme Court to give its decision
Mr.. JONES of Columbus, said the whole point
of the matter was that the General Assembly
laid tax on these corporations leaving it to be
adjudicated as to the right to do So or whether
| or not the sheriffs have legal right to collect
this tax. The purpose of the resolution was to
relieve the sheriffs until the question can be de-
| cided. He would vote against the resolution as
| he believed it was Judicial question and not Il
matter for the Legislature to determine on
They had no claim for protection until after
they had committed wrong, he believed the
very principle of the resolution to be absurd and
| hoped they would be voted down.
Mr.. ROBBINS moved to amend by adding the
| following provision:
Provided it shall be the duty OF the Treasurer
to notify all the sheriffs interested Immediately
upon the decision lif the decision be in favor OF
the validity of said tax it shall be after the first
teste the duty of all of said shertfs to pro-
coed at once to collect said taxes, and shall set
tie with the Treasurer for the same within thirty
nj thn of
in the first teste case.
Provided further, that these resolutions shall
not apply to any county until the railroads shall
obllgate themselves to the sheriff thereof, to
abide the decision rendered in the aforesaid tese
case, aud institute no other suit to restrain the
collection of said taxes. RAs
Mr.. BELLAMr moved to lay the matter on the
table. Lost.
Mr.. GRAHAM moved the previous question
Agreed to, yeas 10, nays is.
The resolution as amended passed by the fol.
| lowing vote:
Yeas-Messrs. Barnes, Beall, Beasley, Brogden
| Cherry, Galloway, Graham, Jones of Mecklen
| burg, Lassiter, Legg, Lindsay, Murphy, Mel
| Choir, Respass, Robbins, Scott, Shotfner, White
| and Wil-son-19.
| Nays-Messrs. Beeman, Bellamy, Burns,
Blythe, Colgrove. Cook, Etheridge, Eppes, Fork
ner, Harrington, Jones of Columbus, Long, Love
Mason, Martindale, Moore of Carteret, Richard
son, and Stephens,-1S.
| A message was received from the House Of
| Representatives transmitting a bill which passed
| that body authorizing the Petersburg Railroad
| Company to run road from any point on its
| present line not crossing two miles north of lis
depot at Gearysburg on 10 Weldon, and Tor Other
| purposes.
Mr. REsPAss moved suspension OF the rules
| in order to put the bill on its passage. Agreed
| to. The bill passed its several readings.
Mr. SHoFFNER moved a reconsideration of thu
| vote by h.ch the bill in regard to the govern
ment of the University was put on its third read
ing for the reason that several inconsistent pro
| visions were discovered in it.
| Agreed to.
| Mr. CoLGRovE moved that the bill and il:
amendments be recommitted to the COMMITTED
on Education.
| Agreed to.
| Mr.. JONES, OF Columbus, with permission in
| troduced bill entitled an act to incorporate
the North Carolina Iron Foundry and Manufac
| turing Company. =
Referred to the Committee on Corporations
Mr.. LOVE introduced resolution TO suspend
the collection of taxes on the Raleigh IL Castor
and Wilmington and Weldon Railroads unit
certain decisions relating thereto are rendered.
| Lies over
| Mr.. Cook gave notice of bill to charter tn,
| Southern Air Line Railroad Company.
| The Senate then adjourned
| In the House, Thursday, Dec. .:
| Mr. Dixon, from the Committee on Claims
reported back the bill in favor OF E. e. Rush
former sheriff of Randolph county:
| And the bill in favor of ]. T. Patterson, SLer
| if of Burke County;
And recommended that they be referred to tn
Finance Committee. So referred.
| Mr.. AMEs, from the Committee on Interna
| Improvements, reported in favor of the bill t.
authorize the Petersburg Railroad Company Il
| run road from Garysburg to Weldon.
| Passed it several readings under suspension
OF the rules.
By Mr.. WALDORF: Resolution to authorize
the commissioners of Polk county to levy
special tax to pay off the county Indebtedness
| Referred to the committee on Finance.
By Mr.. MALONE: Bill to authorize the presen
sheriffs to make titles to lands sold by forme
| sheriffs.
Referred to the Judiciary Committee.
BY Mr.. SMITH, of Martin: Bill TO take bond
in hastardy cases.
Referred to the Judiciary Committee.
By Mr.. MCMILLAN Bill in relation to takin:
fish in the East Branch of the Cape Fear River
Referred to the Committee on Proposition
and Grievances.
BIZ TO amend the act OF last session RELATIVE
to the Western Turnpike Road, leading iron
Asheyille to the Tennessee and Georgia liz es
passed its third reading.
" The bill TO compensate school committees wa
I read. The Committee on Education reported
against its passage.
Mr.. STEVENS moved to concur in the report O
the Committee.
Hewas in favor, however, of a proper compen
sation to school committees but did not Xix
the present bill.
Mr.. REYNOLDS opposed the motion to concur
He considered it very unj just to require person
to perform the duties OF school committeeme
without pay. The duties to tie performed wer
very important, and 1t was fair that such shoul
be paidf or, at least to the extent of 81 per day
MIR. PARKER thought the common sc hool il
terest was of sufficient Importance as to hav
the school committees compensated for their IL
bors. Competent men could not be procuret
without remuneration. II he was not mistake
| the law compelled those men to perform thei
| duties under penalty of being guilty OF mlsde
mcanor; if so, it was manifest injustice TO re
quire gratuitous discharge of such labors.
Mr.. JUSTICE thought the bill had better b
amended so as to provide that the several Iow1
ship Boards shall compensate the school CON
mittees.
Mr.. AsHwoRTH opposed concurrence in the rt
port. Under the old system the labors OF schot
Committeeman were not so great as under tn
present system. School committeeman wer
generally poor men and it was unjust to expcc
them to perform several days labor without pal
Mr.. SMITH, of Martin favored the motion. L
the present impoverished condition OF the pee
| pie, it was proper that some sacrifice OF tim
| should br made for the public good. Tho won
of education was of so much importance, tina
he thought any man having children to educat
could afford e give small part OF his time
transact,uE the business of school committed
man. u his opinion there would be but Il sma
sacrifice Of iimc at est that would be required
! Parties living IN tho different neighborhood
could so arrange their meetings as not to into
feTe materially with ileir other business.
r Mr. IEESCH favored concurrence. There wer
50 counties in tic State, and IL townships in eac
county. This estimate would make the numbe
of committeeman 3,20f. Say that it requires
days labor ORthe part OF those committeeman
- g. raT DAY, tas proposed by the billy it wOul
Us Ile sum Of 81 )SU to pay them, whic
an 'snt otherwise GO Id be devoted TO the wor
o. .ssi55 36ti4 Exceed 8 miles, Or at Ii
ssst, y mills Ills would require di: