The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-09

viewed. The opinions and dissenting
opinions of the justices indicate "a very
wide divergence of opinion upon the eX-
tent of the power of the Legislature to
abolsh legislative offices and provide
new agencies for management and con-
troll of State institutions. Without in
tending to trespass upon the domain of
the court or discuss the conclusions
reached, it would seem that the doc
trine of that case must continue to he
open for argument until the court of last
resort come nearer being of one mind
in regard to it.
1t is to be regretted that the divorce
law was amended by making an addl-
tional cause for an absolute divorce. Tie
act is so guarded that but few cases
can come within its provisions. Legls-
lation of this character is to be dlsco'lr-
aged. No State can safely wcaken the
Sanctity of the marriage relation.
BY Chapter 33 the question rs to the
power of Il judge to restrain by inJunc-
ton an officer in possession of an office
from discharging its duties pending Il
civil action to try his title is put at rest.
Whatever may have been the diversity
of opinion i'm regard to the power the
act forbids its exercise
The revenue act contains but few new
features. Inc merchants purchase tax
in regard to- which many petitions have
for years been presented, was omitted
and a graduated license tax upon mer-
chants imposed. The tax imposed by
the act of 1897 lineal and collateral in
heritances was repealed, | think wisely
so. Some changes were made IN the
manner of listing for taxation shares of
stock in corporations.
Purchasers of land sold for taxes are
not permitted to demand Il deed therefor
at the expiration of twelve months until
personal notice or by publication. is made
to the owner or person iii possession.
Affidavit is required by such purchas-
crs that these provisions Of the law
have been complied with.
The usual appropriations were made
| for pensions and Soldiers Home. A
large number of bills were passed for
| the relief Of soldiers of the late war in
regard to pensions. The policy of the
| State in providing for her soldiers is
well and wisely fixed. There will be no
/, backward. step taken. but there should
| be some provision made for passing
| upon and settling claims for pensioners
| otherwise than by special legislation. 1t
| may he that the Veterans Association
| should be invited to take the matter I'M
| der consideration. Every meritorious
claim should be allowed. but the State
| should not he imposed upon. The Leg
| islatlIre is scarcely the proper body for
passing upon the merits of each claim.
Recognizing our duty to preserve the
| memorials of the valor of our soldiers
| in the war between the States to the
end that Il truthful history thereof may
/ be written an act was passed authorizing
| and directing the publication of sketch
1 of the history of each regiment of the
| State serving in the Confederate army
| prepared by the authority of the Confed-
| crate Veterans Association under the
/ supervision of Judge Walter Clark.
| An appropriation was made for the
| purpose of erecting bronze statute OF
| ". b. Vance ON the capitol square in
! Raleigh / think that this most appro-
| pirate act may mark the recognition
] and discharge of too long delayed duty
/ and that at each session Of the General
Assembly like appropriation may be
made to place statues of those who in
| war and in peace have served the State
! and shed honor and llstre upon her
name and history.
| For the first time in the history Of the
| State in addition to.the usual tax levied
/ for public schools the sum of one hun
/ dred thousand dollars was appropriated
/ for this purpose. The bill was introduc-
/ ed by Mr.. Holman of Iredell and passed
! with practical unanimity. This is the
| most substantial evidence of the pur-
pose of the State to do her full duty
to her children in making provision for
their education. The passage of this
measure was to my mind one of the most
eventful acts of the General Assembly
of 1899. 1t guarantees the support and
Improvement of our public schools.
Labor day was made a legal holiday.
| The criminal courts of the State were
reorganized, new districts made and
an effort made to give them strong po-
sition in our judicial system. 1T is
| probable that these courts Will become
Il permanent feature in our judicial sys-
tenn. The divorce of the criminal and
civil dockets meets with the approval of
the bar and the people.
/ Provision was made for the re-organi-
| cation of the State Guard which had be
come somewhat disorganized by the re-
cent Spanish Cuban War.
| nave thus in IL general and not very
| satisfactory manner made resume OF
| the acts of the General Assembly of
| loo. OF course there are a number OF
| statutes of interest to members of the
bar, mention of which have been omit
| ted.
The old so-called argument of the
| demagague that lawyers wish to so
legislate as to confuse the law and in
crease litigation has ceased to promote
| the ambition or interests of those who
made it. | am sure that ninc-tenths of
the legislation Simplifying the law and
removing Instructions and uncertainties
/ has emanated from lawyers. The haste
| with which most of the legislation is
| done renders it next to Impossible to
avoid mistakes. am of the opinion that
some measures should be adopted look
ing to the prevention of errors Pm stat
ntes. Every bill before it is passed
| from the branch of the General Assem-
| bly, from which it originated should be
printed and copies furnished to the intro
| ducer and each member of the Commit
tee ON Engrossed Bills. After its final
passage and before receiving the sig
nature of the presiding officers it should
| bp Dfintpl and pyaninoJ Nv s,n,, ,x.,,.,..