Orange County observer. [volume] (Hillsborough, N.C.) 1880-1918, 1881-04-09
IAuverUss
LIZ. T.-.i,t RcE.SSON'S RULING
IN TIE DURHAM COUNTY
MATTER.
:. I. II the News aud Observer.

.%,.inst criticism upon Gov. Robin.
for his ,.,ing, a. President OF
n. senate, IN the Durham county
matter, All believing it to be done
from ignorance Of the facts and no.,
Z desire to do that distin ,uishel
gentleman injustice, I have carefully
copied from the Senate journal ali
The proceedings Of the Senate rela.
tive to III. bill, which l trust you
will publish.
On February l8, 81. B. 119, S. B.
III, bill to establish and provide for
organizing the county Of Durham,
vas taken up on its second reading.
Nj. Dor,ch moved the bill he IN
definitely postponed, on which mo-
ton he demanded the ayes and noes,
which were ordered, and the motion
TO Indefinitely postpone prevailed,
ayes %, noes -.
Sir. Staples moved to reconsider
the vote by which the bill al indie
fni,cly postponed. Pending con-
sideration of this motion the Senate
adjourned.
February l9th-The unfinished
business of yesterday was taken up,
being the motion to reconsider the
vote by which tn" bill was inde6.
nitely postponed. On motion OF
Mr.. Staples, the consideration Of the
motion to reconsider was postponed
until Thursday, Gath inst, and made
tire special order for IL, m. of that
day.
February 24-The special order
was taken up, and pending consid.
Grafton the Senate adjourned.
February 25.-The unfinished bus
mess of yesterday was taken up.
The motion to reconsider the vote
by which the bill WAS indefinitely
postponed prevailed under the call
of the ayes and noes, ayes 81, noes
10.
Mr.. Dortch asked and obtained
leave TO withdraw the motion to in
definitely postpone the bill.
The question required upon the
passage If the bill on its second
reading, and, uader a call Of the
ayes and noes, the bill failed TO pass
its second reading, ayes Is, oes ~.
Mr. Dortch moved to reconsider
the vote by which the bill failed TO
pass its second reading, and moved
TO lay the motion to reconsider on
tue table. The latter motion pre-
vailed.
February 26.-Mr. King moved
TO reconsider the vote by which the
Senate on yesterday tabled . motion
to reconsider tie vote by which the
!, bill TO establish Durham county,
failed TO PASS iis second reading.
Mr.. Parish raised the point of or
der, that under section 80, Senate
rules Of order, no question could be
RECONSTRUCTED more than once ;" up
on which
TIE President held that in the ab-
Of any rule limiting the power
OF . legislative body il relation to
its own action, the general doctrine
which prevails in our government
that tn. majority must rule, must
aud ought to be recognized. The
latter clause Of rule 33 (ci,ed by Mr..
Parish) could not apply, unless an
absolute identity of the question to
indefinitely postpone" and q pas
sage Tor failure OF passage) of q bill
on its second reading be established.
The House of Representatives at
W ashington, and the House Of Rep
r~esen,a,iyes Of our own Assembly
both nave either . direct rule on
this subject, or q custom which is SO
general as to make it almost law.
The Senate having failed or refused
TO adop, any rule limiting its own
power over questions arising, the
opinion Of the chair 10 that the ms
jors,y power,V upon which theory
our government is based, must be
! Recognized. The chair referred 10
Jeaerson's Manual, page 96, aud to
rule No. =, House OF Represents
'tlves OF North Carolina. The Pres.
ideut called upon several Seustors
known 10 be familiar with parlia-
nen,ary customs and precedenu, ali
~ ~Lom unanimously and without
!. reservation sustained the ruling o,
the chair. Among the number vas
Mr.. Dortch, the distinguished Sena.
tor from Wayne, ,orWerIy speaker
I IT the HoSse OF Representatives
aud elected this session to be Presi
dent pro tenn. Of tho Senate. HI
stated that when the motion wa.
, first suggested to him he was strong
j. ut the belief that it vas inadmissl
, Die but upon . careful examination
, aud confederation of the matter b.
| hal (, the slightest doubt Q: tn.
entire correctness OF the opinion o
! the chair.
| Mr.. Parish said that while b,
g.. yielded to the correctness Of tn,
, ruling Of the chair, be would appea