Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-12-23

we'll known by himself and others, that by
a vote of the last Legislature this Code
Commission was abolished, but by some |
the bill was made way with and not
ratifed. It was an imposition upon the
State as the matter now stands, and he was
not disposed to recognize this Code Com
mission In any manner whatever; he there
fore moved to lay it on the table,
The vote was taken and the motion Pre- !
vailed. ..-. -,
Mr.. Lehman introduced bill prepared
by the Code Commission, amending. the
Code of Civil Procedure. .
Dnring the reading of the bill, MIR. War
rem inquired il this was not the same bill
that had been laid on the table, as coming
from tue Code Commission.
Mr.. Lehman replied, saying that the
bill was introduced by himself. that he
had not received it from the clerk.
Mr. Warren had opposed the reference
Of the bill. and he believed that this at
tempt to get the bill before the House was
subterfuge., He therefore moved It's re
lection. .,
Mr.. Lehman said that he had introduc.
led the bill--having adopted it as his own.
| 1t wa3 tue that he did not draw the bill.
| 1t Wa not Hnusual for Senators to nitro
| duca bills that were not drawn by them
selves. He said that to dispose OF this bill
|
| from Beaufort, would IN effect be 10 deny
him his rights Senator.
| Mr.. Warren Gi8caimed any inten ion OF
| treating the Senator from Craven Mr..
| L. with diorepect. For him he enter
| taIL ed high respect. 1t vas. however, evil
dent. that this was snbterfuge. and he
could not cbalaCterize 1t as anything el. O.
| The Senate has Just declined 10 co1sIier
this very bill, cou,;ng from toe Code Com
mi3.i Il.
MIR. Lehman disCIaimed offering the
bill as q .ubtelfuge. He was aware that
gentlemen entertained serious obiec;lpns
to tie Code Of Civil Procedure. He er-
tertaincd objections to 1t himself. he
thought it susceptible OF amendments -
He thought this bill would exhibit to the
Senate the fact that it could be 50 1mproV'
ed as not to uecessitate the abolishme eft
Of the Code.
MI. Robbins, OF Davidson. hoped tie
motion ID reject would prevail. 1t was q
] notorious tact that the Commlsslon
framing this bill had been abolished but
| by dereli3tion Of duty, not to say gross
fraud, the act had been suppressed. he
therefore should vote to reject the bill.
Mr. Love would not infrlnge upon any
right of the Senator from CrGven, but the
bill introduced by him purports to bt
framed by the Code Commission and no
by the Senator hims self. He was opposed
to either directly or indirectly recognizing
that Commission.
Mr.. Dargan would be as far as any mar
from rejecting on any gentleman III thu
r Senate but he favored the passage OF thu
, Imotion to reject. He did not deem th'
+. | recommendations Of this Commission en-
D | titled to any respect or consideration
: | the hands Of the Legislature.
Its duties had ceased. It had beel
! abolished. It seemed, however, THAI l
! was q kind OF feline character, with abou
nine lives, and when we thought it dead
it keeps creeping in these halls.
. Mr.. Murphy would vote for this motion
. but in doing so he designed no ret1eetlo
y apon the Senator from Craven. He though
u It an outrage that this Code Commlss1o
a was vet forcing themselves upon the a
it tention Of this Senate. He we'll reoollect
: ed that the bill abolishiug the Code Com
+, mission passed the last Legislature.
had been suppressed and he hoped thf
Isteps would be taken to investigate th
matter, and that the guilty parties woui
{ | be discovered and properly punished.
Mr.. Brogden agreed with the Senat:
| relative to the passage of the bill abolisl
is ing the Code Commission, but he thougl
that this bill should be referred.
Mr.. Lehman argued to show that I'll
la Code Commission was u constitutional r
louirement and could not be abolished /
q mere act Of the Legislature. he relV
rated that he did not offer the bill as
or or report of the Commission but had adopt'
Ia, as his own.
r Mr.. Olds said he thought the object
re this whole matter was to render the Co
III III odious, with view Of advancing the il
ie- tsrest OF call of Convention.
I'LL The question recurring on the motion
reject, it was carried, yeas 20, nays 13.
Mr.. Cook, from the Committee on %
stitutional Reform, reported Convent
, bill. The bill provides for submitting t
= question of calling Convention 10 W
Of the people on the 10th of Februa
next-delegates to be elected at the sal
time and restricts the Convention, L
permitting any interference with either
political or civil status of the freedman,
n alteration of the homestead or persol
a. property exemption, or mechanics II
itb law.
IT. IT. After some discussion the further ct
sideration was postponed until to-morrc
&c, IL o'clock. =,
Ses The Senate then adjourned until
in o clock Thursday.