The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-01-31

Discussion by Legislative CONS
mitteeS-Opinfon of Attorney General
As TO Use of Revenue Stamps on In
by State and County ON.

VI oGsACA&
as TO Use of Revenue Stamps on In
by State and County ON.
Gals
Especial to The Messenger.)
Raleigh, n. c., January 27.-Mr.
Councilrs bill providing for removal of
the disabilities of married women will
be reported favorable by the senate iu-
dietary committee. This committee
has killed several bills of similar ma
ture, but, after strong representations
made by Messrs. Council and Roun-
tree reg. riding the evils and injustice
of the common law principles obtaining
in the disposition of property by mar
ried women, it unanimously endorsed
Mr.. Councill's BILL which has already
passed the house.
Mr.. Rountree's bill, to prevent judges
from granting ~injunctions or restrain
ing orders in quo warranto proceedings
against defendants in Office, will also be
favorably endorsed. Discussion of
this latter measure led to severe con-
demnation of Judge Undertakes pro-
ceedings in ejectment against demo-
cratic officers in Greene county.
The Madison county reputation
bond case came up before the commit
tee today. George Smathers represent
ed the bondhoIders and stated that the
reputation was caused by Senator
Pritchard when a member of the legis-
lature. Decision of committee is post
poned until mex Wednesday as Senator
Pritchard asks for a hearing.
The committee on the contested cleo
ton case of Lambert and Eaves against
Kerley and Sothers, from the Thirty
first district, went into executive session
this evening, but could not agree, the
vote standing four for and four against
seating Lambert and Eaves.
The committees on agriculture had a
long session this afternoon, hearing ar
guments on the pure food bill. There
is a law on the statute books against
food adulteration, but the machinery
for enforcing it is defective. The new
bill is stringent and puts the
power of enforcing the laws in the
hands Of the board of health. The bill
was discussed and earnestly supported
by DR.. Richard Fl. Lewis, secretary of
the state board of health; Richard H.
Battle; T. K. Bruner, state chemist; w.
A. Withers, w. S. Primrose and w. F.
Massey. 1t was hoWn that there is
great adulteration, and this mainly of
cheaper grades of foods, so that it bears
hardest upon poor people.
1t is learned tonight that the finance
committees are making a plan to drop
the merchants purchase tax and in it's
stead fix a graduated tax on gross earn
ings of railways. A hearing will be
given the railways next Wednesday on
this matter. 1t is also stated that it is
the belief hat this new tax on rail-
ways will raise something like 1870, 900.
The attorney general today gave an
official opinion to the clerks of the SUI
perior court that it is not necessary to
place internal revenue stamps upon re-
ports made to the state or on bonds of
the state or county municipalities. He
says "a state has the right to conduct
it's own business through it's own agen-
cies, without interference, directly or
indirectly from the national govern
ment. A state is but a corporation and
! cannot act except through it's own agen-
cies. The federal government cannot
require stamps to be placed on bonds
Of the state or county municipalities
though / notice the commissioner OF
internal revenue has made a different
ruling. The power to tax involves thu
power to destroy. The federal govern.
ment has no power to tax agencies O.
a state government. Congress has NJ
power to make tax deeds issued by
state void for want of a stamp, nor cal
congress forbid recording of such I'm
stamped instrument under state laws.
This is a very important decision a
county officials are using large mum
bers of stamps, which in some case
equal their fees. This will now cease