Wilmington journal., 1874-01-16
Condensed from the Ra'e!gh News.
NORTH CAROLINA LEGISLATURE.
: - = y = =. : =
SENATE.
TUESDAY, Jan. 18th, 1874.

TUESDAY, Jan. 18th, 1874.
The Senate met promptly at II
oselocis, Lieut. Gov. Brogdep in the
CHAIR s 81 e
INTRopCcr7oN oF PETITIONS AND Bills.
By Mr.. Ellis, of Columbus, o petit
ptian from citizens Of Columbus coun-
+ ty, praying an appropriation ot funds
to build roads and bridges in that
county. Referred.
By MADISON, COL, q petition from
one thousand citizens of the county OF
New Hanover, protesting against the
county Of Jefferson. Referred.
By Mr.. Ellis, of Columbus, a peti-
ton from citizens Of Columbus coun-
ty asking q local prohihtory liquor
Law for said county. Referred.
By Mr. Ellis, of Columbus, /. bill to
amend fife II, chapter I, section 256
nf the Code or Civil Procedure. Re
ferred.
By the same, q bill to ar1and !itlo .,
chapter I, Of the Code ol Civil Pro-
cedure. Referre q.
~ .~... OALENBAE.
Tho bill! to authorize the establish
u2en5 Of free publ schools in towns
and cities OF more than two thousand
inhabitants, taken up on its third
reading.
Mr. Cunningham moved to amend
by striking out one-fourth and insert-
ing one-ei9hth, referring to tho tex
levy on real estate.
Mr. McCauley offered sn ar,apd-
ne2t. providing that property owners
only be qualified voters, and on the
J., ~,
the assessed value OF their real estate
thereon, and in detarm ming the result
each ticket shall DO counted one vote
and also one vote fer every three hun
dred dollars worth OF propertv..
Mr.. McCau'ey advocated his amend
u2ont SIS essential TO the bill which. if
passed ~ its present shape. would bo
the establishment Of Q dangerous pre-
ccdent. He replied az considerable
length 10 the argument advanced by q
Senator before sho recess, that the
amendment was Unconstitutional. He
refern cd to that instrument and read
several clauses to sustain his position,
Mr.. Ayera moved to lay the bill on
the table, bat withdrew his motion at
tle request Of the friends Of the bill.
Harriss, col, opposed the amend
rlept offered by Mr. McCaulev as de-
f3ating the objects of tho bill. Uo re-
icvred TO tho operations OF such o law
in Virginia, Maryland, Tennessee and
Georgia. where 1t had proven highly
beneficial 10 tho prosperity of the
towns and cities whefe they had been
established. a regards the constitu-
tionaitY u the bill. he relied upon Tie
able Judgment and opinion Of Hons.
w Ii. and l.. +. Battle, Judge Fowle
and other eminent jurists and lawyers,
Of this city, who prepared the bill now
under consideration.
Mr.. GudSer still thought the bill
unconstitutional, and won]a vo;e
against It.
Nr. Worth opposed the bill on ao-
count of the Peabody clause contained
therein.
DIR Ellis, of Coiurn bus, said ho vas
a member Of the Educational Commit
tee, before whom the bill was cIreful-
" considered, and that Committee was
unanimously for its passage. The
quest on Of its constitutionalitv was
IN ~ discussed, and he was satisfied
that the hiI slould pass.
Mr.. Avera renewed his motion 10
lay on the fabie, and called the yeas
ald nays.
The motion prevailed hy g vote Of
q Y, Z > - u nays.
On the announcement of the vote,
Mr.. Waring made his motion 10 IL
consider the vote to table, aud post
ponC further action thereon till Tues
day next; stating fully his position o.
ic bill; that h. VAS opposed T. th.-
4incndinsnt of M. Ncs}alolzy, ar,i IL
voreG It's passage, guarded by Mr..
Cunningham $ amendment.
Nj King moved to table Mr.. War
inE'4 motion TO reconsider, which.
after sI,irmishing debate. failed by
q ayes and Is nays, and Mr.. Warnings
motion prevailed.
By leave Mr.. Humphrey introduc Il
the following bills:
An act to amend chapter 81, entitled
CriT nal proceedings
At O'Clock the bill tn Law off and
establish the new county of Jefferson
Came up es tie special order tor that
hour.
Mr.. Murphy offered IN amendment
t6 strike out the name Of Jefferson
and iussrt in its stead Ellington, pay
ing a handsome cIllooy to the 'istin-
gnishai North Cnroiinia1 of that
name. the amendment Was aaonted, !
When Mr.. Murphy continued his re-
marks at considerable length in favor !
OF toe passage OF the bill rs just TO !
the large number of respectable citj- |
znns who had petitioned this General !
Assembly for the new county.
Mabson, col. opposed the bill, and |
presented counter-retitions which we're |
read by tho Clerk |
Messrs. Allen, Ellis, of Columbus,
and Avcra advocated the bill.
The previous question being called, |
the bill assed It's accond rea;iing ny |
rs yeas 30 6 maya. |
6n motion Of Mr.. Aller. the third
reading Of tho bill ~as made :he !
special order for Tomorrow at IL |
0 cioc;5. Adjourned