Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-01-22
On motion, the Senate adjourned until
tomorrow II O'Clock.
HOUSE OF REPRESENTATIVES,.
# FRTDAy Jan IL 1890
FRIDAY, Jan. 10, 1869

| I'm mOGlOn Oh MI. 1uSFaLu, tue rules
were suspended, and the bill to prevent
the sale of propety exempted by the Con-
stitution, known as the Homestead exemp-
ton was taken up.
Mr.. Ingram took the floor in advocacy
of the bill. He said that the late Conven-
ton passed homestead law, and went be-
fore the people promising them the full
benefit Of it. Now he was Determined to
hold them up to it. When the Supreme
Court so decides upon the homestead law,
passed by the Convention, then it would lie
time enough to talk about its unconstitu-
tionality.
Mr.. Hodnett said this matter had been
fully debated in the Convention, as to the
bills constitutionality it was determined
to leave 1t an open question. He was op-
posed to bills of the nature of the one be-
fore them until decision of the Court was
rendered in regard to the homestead.
Mr. Sinclair said they had gone before
| their constituents declaring that they should
have the benefits Of that law, &c.
Mr.. Pou was opposed to the bill from the
fact that it would amount to nothing and
afford the people no practical relief, &c.
Mr.. Ingram again took the floor in sup
port OF his bill. He thought the Supreme
Court would decide in favor of the consti-
nationality Of the homestead, for the peo-
| PIC OSLuaiiNCS SuCL1 law, ana HetF uS-
mands upon this matter would shape the
decision of the Court, &c.
| J. II. Harris of Wake, colored, offered
the following substitute for the second sec
ton
That if any Sheriff, Constable or other
officer, shall under any pretence what
ever, sell any property, real or personal,
exempted by art. 10 OF the Constitution.
such officer shall be guilty OF a misdemean-
or and be imprisoned not more than twelve
months or fined not more than one thOus-
and dollars"
| Mr. Stilley said that though he desired
the bill TO pass, yet he could not vote for a
bill or q section Of bill that he thought
unconstitutional, and would be invalid af-
ter it was passed.
J. FL. Harris, Of Wake, colored, moved
! to postpone the bill until to morrow and
make it the special order for half past 10
o'clock. Carried.
Mr.. Downing asked the indulgence of
the House to make a proposition. He said
that this Penitentiary affair had created SO
much debate, he would make this PROPOSE
ton, to wit That he would buy the site,
water power, land, &C., with the same
rights given to the State, and pay $780,
600 in bonds at par therefor. He wished
the matter acted upon shortly, as he had a
proposition made to him to purchase the
property in question, and if his PROPOSE
ton was agreed to, he would make a nice
little sum for himself
A communication was read from the Su.
perintendent of Public Works, accompa-
MED by a communication from S. Adams,
OF Richmond, Va, making propositions4n
regard to the iron works to be established
in the proposed Penitentiary, &c.
On motion Of Mr.. Sinclair, the docu-
ments were ordered to be printed.
On motion of Mr. Estes the rules were
suspended, and House bill No. 81 IA bill
to provide for the collection of taxes by
the State and by the several counties of the
State, on property, polls and incomes, }
was taken up.
! The discussion upon the third section
was resumed.
Mr.. Estes said that as there had been so
much debate upon this section, he would
offer a substitute that provided everything
that could be asked.
The following is the substitute
I" The Commissioners of the several
counties, at a meeting to be held before
the first Monday in March, in the year
1868, and every year thereafter, shall ap-
point IN each township OF their respective
counties three assessors, Zone Of whom
shall be freeholder); they shall constitute
a Board Valuation for the township, with
q compensation of two dollars per- diem
while actually employed, and shall take an
oath to faithfully perform the duties of
their Office according to law. Wherever a
! legal Board of Trustees shall exist in any
township, no such appointments as are
herein provided for shall be made, and the
duties herein prescribed for the assessor
and'his assistants shall be performed by
said Board. E"
Mr.. Durham said it did not provide for
| the holding of the Board of Valuation.
MIR. Estes replied that was provided in
section II of the bill.
This substitute elected long debate.
Mr.. Estes moved that debate upon each
section be limited to two minutes.
Mr.. Durham protested against the adop-
ton of the motion. He said this was
most important bill and required the most
careful consideration.
The motion was put to vote and lost.
Mr.. Pou moved to amend the substitute
| by striking out after the word g assessors"
| the words down to the word they" and
| insert the words "qualifed to serve as ju-
rors, who"
AIr. Estes accepted the amendment.
Mr.. Durham characterized this amend
ment as an attempt to impose upon land
holders. 1t allowed men who had no pro-
perty and whose taxes were limited by the
Constitution to poll tax, to levy such
tax upon real estate as they chose. Itwas
unfair and unjust to large portion of our
people. He warned gentlemen who rep
resented tax paying constituencies against
this amendment.
Mr.. Estes said he objected to Mr.. Pou's
amendment, but from his Interpretation
! of the Constitution he was compelled to
accept it. He thought there should be
freebooter on the Board, &c.
Mr.. Sinclair favored the amendment.
Mr. French said that while he was in
favor of having a freeholder upon the
Board, yet from his construction of the
Constitution, he would vote for the amend
ment. He would shortly offer resolu
ton that it is the opinion that freehold
er should be appointed on said Board.
Mr.. Durham said it was strange that
certain Republican members on this floor
should SO hug and whine over the Consti-
tuition when they had publicly violated it
twenty-five times at least this session.
Here was measure making most unjust