The news & observer., 1897-03-06

ferred to special committee, and has never
Vet been reported to the House, and the
committee row has the bill under its CON
troll and 10 motion was adopted ordering
the committee to report. Hence the
order making a special order is void, be-
cause the rules must be suspended and
the committee to be directed to report the
bill. That order has not yet been made,
and the committee can hold the bill until
it is pleased to report it--until sunset on
the day of judgment-unless the commit
tee is ordered to report it. To call the
bill up as a special order is out OF order
and such an order can't be enforced; the
committee having absolute possession.
He took it for granted the men IN
charge of the bill were conscientious and
having some doubt Of the constitution
ality Of the bill did not wish to violate
their oath, but wanted to know the legal
ity, the constitutionality of it. He de-
clared it was a matter of conscience with
the committee and with the House, which
was also under the obligation of an oath
to stand by the constitution that the com
mittee, uncertain as to its duty, could do
nothing else than want leave to have the
question referred to the Supreme court
so the latter could say whether the bill
should be reported to the House. The
committee should not be asked to report
until it has the written advice OF the
Supreme court; that to take another
course would outrage the committee;
and make it violate its conscience. Inc
resolution requested the Supreme court
to give its opinion tomorrow morning.
Then the committee can be ordered to
report the bill. He urged that the mo-
ton of Blackburn 90 over and that the
resolution be adopted.
Dockery wanted to know what assur-
ance there was that the Supreme court
would report within the next ten days
or two weeks Sutton of Cumberland,
said the Supreme court had rendered
opinions promptly in two cited cases.
Dockery said suppose the court does not
file its opinion tomorrow. Lusk said
that If the court did not that would be
another reason for ordering the commit
tee to make a report tomorrow. Murphy
asked who would feel bound by horse
back opinion of the Supreme court? He
asked why there was not a reference
to the Supreme court Of the original bill.
Murphy wanted to know why the Su-
preme court could not pass upon the bill
in the regular order. McCrary said it
was well understood that the bill was
to be reported to-day and ought to have
been ON the calendar at noon by all the
rules, and take precedence Of all other
bills. He inquired whether the House
was to be governed by committees; that
the committee had no right to hold
bill out as a special order; that the
Speaker should have seen that it was on
the calendar; that Blackburn's motion to
concur entertained by the chair, was
proof that the bill was before the House.
If there is to be committee rule, the
House might as well quit. Gov. Carr
asked an opinion in March as to the
length Of term Of judges, and the opinion
was delivered in May. Sutton, Of New
Hanover said THAT Governor asked
that opinion, and not the Legislature"
AIoCrary asked what right that little
committee had to ask the Supreme
courts opinion. He said the Supreme
court would, according to this plan, have
TO pass on rights without argument. He
expressed doubt that the Supreme court
would pass upon a question which was
apt to go before it in the future in the
shape OF suit. He ridiculed the delay
on this bill, which hence may not pass
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