The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-11
Inc Bill Providing for it is
Now a Law.
AMENDED BY THE HOUSE
TWO IMPORTANT CHANGES IN
THE CODE.
ELECTION OF SENATORS BY THE PEOPLE
A6usy Day and Much wo,k Gone by The House.
The Election Of Enrolling Clerk.
ASpiriled Deblte on "lfi

The Election Of Enrolling Clerk.
ASpiri!ed Debite on eff
cal 0aths."
Two bills were introduced in the House
Yesterday making very important
changes in the Code.
One, by Mr.. Justice, is to so amend
the law in regard to the testimony of
witnesses as to exclude anybody, who
is directly or indirectly interested, from
testifying in regard to a personal trans
action or communication between a man
then dead and the witness, whether the
deceased was acting in his own behalf
or as agent of another, unless the oppo-
site side opens the door by first offering
evidence as to the transaction or COM
munication.
The other amendment is by Mr.. Ray,
making bastardy civil action. This
is done so that the woman may appeal in
case the suit goes against her. AS the
law Is at present.and under recent decis-
ions of the Supreme court, bastardy is a
criminal action and the woman cannot
appeal from the magistrates court if
she loses her cases. This has often
opened the door to injustice and corrup-
ton.
The people of North Carolina, through
their representatives in the General As
sembly, now in session here, have de-
clared in favor of the election of United
States Senator's by. the people.
A resolution to- this effect has been
adopted by both branches of the Legis.
lature, and the representatives in Com
gress from this State will be instructed
to do all in their power to have the Con-
stitution of the United States amended
to that effect
The resolution was introduced in the
Senate early in the session and half an
hour later it had been passed by both
Houses without discussion.
The bill providing for an official in
vestigation of the penitentiary by the
Legislature is now a law. Or rather it
will be a law as soon as the Senate
concurs in House amendment giving
the investigating committee power to
punish, for contempt, those who refuse to
answer questions asked them or to pro-
duce books or other documents demand
cd by the committee.
The bill as passed by the Senate and
amended by the House is as follows, ths
House amendment being the whole of
section 8:
The General Assembly of North Caro-
lima do enact:
Section ]. That joint committee con-
sisting of FIVE members-two ON the
part of the Senate and three on the
part of the House-be appointed to in
vestigate the condition and management
of the State penitentiary for the past
four years.
Section 2. That the said joint commit
tee be authorized, empowered and d.
rected to inquire into the financial condi.
ton Of the said State penitentiary, with
full power and authority to inquire into
and investigate any and all charges of
fraud, negligence, immortality, incompe-
tency and lnismanagement on the part
OF any officers or employees of said
State penitentiary.
Section 3. That said joint committee
be and are hereby empowered to employ
competent accountants. stenographers
and counsel to aid in said investigation:
to meet at such times and places as a
majority of said committee may elect;
to elect chairman and secretary; to
subpoena witnesses and compel their at
tendance; to enforce the production and
examination of books, records, and pa
pers, under the same forfeitures and
penalties as provided by law TO compel
the attendance of witnesses and the pro.
duction of papers in the Superior courts
Of the State.
Section 4. That the chairman of said
Joint committee shall have full power to
punish for contempt any officer or en-
ploye of said State penitentiary or any
other person who shall wilfully refuse
70 obey all subpoenas directing his or
their appearance before SAID JOINT com
mitfee. or who shall wilfully fail or re-
fuse to produce any books. papers or
records relating to the affairs of the
said institution.
Section s. That the said joint commit
tee are directed to proceed without de-
Law to make said investigation and re-
port their finding to this General As
sembly now in session.
Section u. That the SAID JOINT commit
tee are empowered to visit in person the
said State penitentiary and all farms
and other institutions in connection
Herewith and to make personal investi-
CATION and examination of all books and
papers thereof.
Section Z. That all expenses incurred
nv the said committee, including the re-
enumeration of accountants stenograph-
ers. counsel, fees and witnesses shall be
maid by the Treasurer of the State, out
of the funds OF the State not otherwise
appropriated, upon warrant of the chair
man. countersigned by the secretary of
said joint committee !,
Section s. That any person who shall
wilfully fail and refuse to attend and
tesfify before said committee after hav-
ing been subpoenaed to do so, shall be
gnilty of a misdemeanor and upon con-
v;ction in the Superior conrt of any coun-
~ IN North Carolina where he may be
found. he shall be fined not less than
500 nor more than $1,000 and imprlson-
cd IN the discretion of the court:--Pro-
vided that the testimony given by any