The Democrat. (Scotland Neck, Halifax Co., N.C.) 1884-1896, 1895-03-14


The Speaker said il had been read
once. Smith asked iis reading again
The Sneaker ordered il read. asking
Smii,i II lie waT.e.i !, ali read at which
point Hcf-enz'. moved to dispense
win the reading 81 the bill [carried)
AMI Smith :. Id lac w.>Led the TACT 10
appear on the journal that ne bad call
ed tor The reading and that Mckenzies
motion bad prevented it. The ayes
and noes were called and the bill pass
ed It's third reading by vote of - 10
81.
WEDNESDAY. MARCH 6rH.
SENATE.-Usual opening.
Senator Starbuck's bill providing for
the redemption OF land within two
wears after its sale under execution was
placed upon its third reading
Senator Mitchell feared this bill
would cripple the holders OF real estate
more than it would help them by max
ink Il impossible for them to mortgage
land for anything like its worth.
Senator Paddi-on thought the bill q
good one that would prevent the con
fiscation of the land of debtors. He
thought it better OF people would not
be able to borrow money on landed Sc
curity under the present financial de-
preston.
The bill soon passed third reading.
THE PENITENTIARY.
The bill to elect nine additional
members of the board of directors OF
the penitvntiary, and to abolish the
office of Superintendent, was placed
upon its second reading.
Mr.. Adams said the bill was one TO
displace Democrats by Republican and
Populist officials. He contended that
the General Assembly had no right to
appoint such directors, and If ii was
done, it would be done under the pro-
test of well informed fusionists. He
explained that similar law had once
been enacted with reference to the
Deaf and Dumb Asylum, and the Su-
preme Court of the State decided 1t TO
be unconstitutional oilrs titt;ittiional and void The
Governor in the face OF the law APP
pointed directors who were confirmed
The opinion in the matter was handed
down by the eminent Chief Justice
Pearson, republican. The appoint.
ing power in the matter, said Mr.. Adj.
ans, rested exclusively with the Gov
ernor. In 1871 law was enacted TO
give the Legislature the appointment
of penltentiary directors. The Supreme
Court declared the law demonstrations
al, and the appointments were made by
the Governor Senator Moody asked
if the offices were not legislative and
constitutional Senator Adams re.
Piled that they were constitutional Of
fees, and read decision of Justice
Reid sustaining that ground in cxplIc
it words Senator Moody thought the
constitution of 1875 changed the ap
pointing power. Senator Adams as
serted that it aid not, and that there
was not word or line to support
such a claim. Senator Adams read
from Supreme Court Reports decisions
supporting his statements, and cover
ing the very point at issue He said j,
was clear that the appointments Of di
rectOrs rested with the Governor and
that the General Assembly had nc
right or power to make such appoint
ments. 1t would be transcendIng its
powers and overriding the Constitu
ton, which it was sworn to support, fol
the General Assembly to make these
appointments He had hoped that in
the eagerness for office of certain re-
formers the fact would not be lost sigh
of that there was a Constitution
Senator Moody Of Haywood said thu
Constitution merely provided for tn,
erection of penitentlary, but Their,
was nothing in it to govern the cleo
ton of the directors Of the institution
He contended that the Legislature hac
the right to elect the directors under
the Constitution OF 1875.
Senator Abel asked if the object o
the bill Was not to put the penitentia