The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-13
Discussed Yesterday by the
House.
COURTS SAY IT'SNO GOOD
WILL TRY TO MAKE IT HOLD
WATER.
THE JUDICIARY COMMITTEE HAS IT
The PamIico Contest Made the Special Crcer
for Next Wednesday The Proposed
Changes in Libel and Di-

Tor Next Wednesday The Proposed
Changes in Libel and Di-
voFce Laws.
The bate in the House yesterday
was ON what one Of the members irrev-
erently called the "Bull-Calf Bill"
1t came up on an act introduced by
Mr.. Barnhill, of Pitt, amending section
2327 of the Code, which provides that
when cattle are killed by railroad in
certain counties it shall be a misdemean-
or for which the officers of the road and
the employees ON the train shall be in
dlcted 1t is provided further. however.
that the question of damage may, within
six months, be referred to three commits
sioners and settled out of court.
Mr.. Barnhill wanted Pitt county in
| cluded in this law. He said there was
much litigation in his county over the
| claims for cattle killed by the railroads,
and the people were put to great expense
| and trouble to collect damages through
| the courts. AS a result they often
abandoned their claims rather than prose-
! cute them.
Mr.. Leatherwood sent forward an
amendment adding to the bill the county
of Swain.
Mr.. Robinson, of Cumberland, ex-
| planned that this section of the Code
! had been decided unconstitutional by the
| Supreme court in the case of State VS..
Devine He therefore moved reference
of the bill to the Committee on Judi
| ciary.
| The House refused to refer. by de-
| cided vote.
Mr.. Allen. of Wayne said he was
| sure it was not the disposition of any
| body in the House to authorize local
! legislation. But the Supreme court had
already declared this law void and in
capable of being enforced, and he
thought the Legislature would hardly
like to be put in the attitude of putting
on the statute books laws that have al
! ready been declared unconstitutional
Mr.. Leatherwood had no objection to
a prOner reference OF the bill but he
wished to state that his people had been
| annoyed a great deal by the killing of
cattle and then having to prosecute their
claims in court. Many of them had
abandoned their eases rather than go to
the trouble and expense of the suit.
Mr. Ray said that the bill had been
| carefully considered by the Committee on
Propositions and Grievances-and though
there were not many lawyers on the
committee the few on ii were good ones
and they had found that only the
criminal part of the law was unconsti-
tutional. He. however had no objection
to reference of the bill to a proper com
mittoc.
The end of the discussion was that
| the vote refusing to recommit was re-
nd hn hi
the Judiciar- Comw;ttnn
Another matter that consumed con-
suerable time was the reading of the
evidence in the contest case of Dees VS..
2 Paul, from Pamlico county.
The report of the majority recommend
ed the passage of a resolution to the ef-
feet that George Dees. the contestant.
and not Dudley Paul. the sitting mem
her. was entitled to the seat.
When the House was on the point of
taking vote on this resolution. Mr..
Petrc, of Stokes who had filed tho
minority report awarding the seat to
Paul. asked for the reqding of the evil
dence.
After about one-fourth of ia had been
read, consuming half an hour. Mr.. Over
man said from what he had heard of ft
the contest was very important one.
He therefore moved that further read
ing of the evidence he DISPENSED with
and both the majority and minority re-
ports. with the evidence, be printed, and
consideration of the contest be made "a
special order for next Wednesday. 1t
was so>ordered
Perhaps the bill of most Importance
and general interest among those intro
duced Yesterday. is that Of Mr.. Macin-
tosh, of Alexander 1t amends the law
i'll regard to divorce by creating sep
arate subsection for section | .2S5 of the
Code. providing n complete divorce upon
separation following cruel and barbar-
Gus treatment outside of tho State.
The subsection reads as follows:
Section / If the husband. having
married citizsn of North Carolina.
shall remove with her to any other
State and while living with her in such
other State, shall by cruel or barbarous
treatment endanger her life or render
her condition intolerable or burdensome-
the wife shall. upon returning to North
Carolina and residing therein separate
and apart from the husband, for the
period of twelve months, be entitled to
IN absolute divorce. to be decreed by
the courts of this State: Provided, First:
That in the event Of divorce granted 10
the wife for the causes specified in tins
act, the husband shall not remarrv dur
ing the life of the wife: Provided. Sec
ond: That the husband and wife shall
be competent witnesses to testify in their
own behalf as to all facts within their
knowledge. pertinent TO the issue.
Section . That this act shall apply
CONTINUED on Second Page.) ~