The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-09
REVIEW OF THE LEGISLATION OF 1899|
~ House Of Representatives, Before the State
Bar Association at Morehead City.


torical study more interes ing than the
legislative records of the State. 1t is
there that he finds an expression OF the
moral sentiment the political opinions
and the highest aspirations of the pco-
plc. 1t is there that he finds the de-
veIopment of the political will, the ssrug-
Gle for the adjustment of the law in
unison with the thought AMI sentiment
of the people. After all that is BIZ
ennially said and written, as each Gen
eral Assembly of the repres antativcs of
the people comes and goes with its
promises. its failures, its hopes and its
disappointments, those who gather III
the State House constitute, upon the
whole, fair type of the citizenship OF
the State. and that which they do
enact is for the time being, and as
they understand and interpret 1t, the
will of the average man i'll the State.
1t is equally true that i'll any gwen
period of time of sufficient length to
enable social and political forces to
have fair play, the Legislation of free
State will furnish the historian a safe
guide by which to study the character
OF the people and the statesman to draw
conclusions in dealing with political
problems. Every statute Of general ap-
plication, has behind it a considerable
quantllm of public sentiment.
The great Gladstone while devotin:
his life to questions of finance and taxa
tion. church and state and foreign
affairs, did not forget the duty which
he owed to the man at the throttle and
the brake and in the mine. His enl-
ployers liability act constitutes the basis
of our recent fellow servant act, which
by some strange accident is buried. so far
as its publication can bury it, in the prl-
yate Acts of 1897. Surely so beneficial Il
statute was entitled to better treatment
at the hands of the publisher. 1t is
gratifying to know that the law has re-
ceiyeu the approval of the bench and the
bar, and will for all time remain as 4
part Of the law of the State. To Mr..
Lacy, the present Commissioner OF La
bor statistics. great credit is due for its
enactment. Its presence will prevent
the making Of many ingenious and
learned arguments. and many well con-
sidered and exhaustive opinions, but we
will he compensated therefor bg the re-
tlectiUn that many deserving and merl
torious mechanics and labcrers and their
families will recover damages for in-
juries sustained by u penny policy
ON the part of managers of corporations
having more regard for gratifying their
stockholders with large dividends than
for human life and human suffering.
/ am invited to enter into this most
interesting and attractive field of re-
search. but / must not forget that, with
aArcf nf fpn
whom | am indebted for this oIportun-
ity, put me within bounds and command
ed me to confine myself to the Legisla-
ture of 1899.
At no period Of the States history
has the pendulum marking the movement
of political sentiment swung to points of
such extreme divergence or been so
rapid and violent as from 1892 to 1890.
This movement is strongly marked in
the legislation of 1S95-97 and 80. 1T
would not be proper for me to attempt
an analysis. or examination of the cause
of this well recognized fact. The time
will come when the historian of the
State will do so and mark a most in
teresting and instructive chapter in our
annals We live in the smoke of the
conflict, and on an occasion like this
must study the conditions that as law
yers and citizens we may be the better
able to discharge our duty. The legis-
lature of 1893 and its acts are inter
esting as being the last Of the old order
1t contained many strong and pronri-
nent men. Many important changes
were made in the Jurisprudence of t1he
State. Changes which were responsive
to the best thought of the bar. bench and
people, The statute providing for the
settlement, by civil action of con-
tr0yersies in regard to the title to land.
analogous to the Bill of Equity for
queting title, but relieved OF many of its
features which impaired its value. was
drawn and its passage secured by ex-
Judge Battle. The creating and defining
of two grades of the crime of murder is
copy of the English act and finds ap-
proval with the people. The decisions
of the Supreme court construlng the
act do not appear to be entirely mar
m0nious. The last case finding its way
to this tribunal developed a marked dl
versity of opinion among its members
1t is not improper to indulge the hope
that soon, as early as possible. some
fixed and plain principle will find fa-
vor with the court in regard to this
important statute. Its enforcement
must result im securing ii greater Ger
tainty in the punishment for the takine
of human life. We find at this session
an expression Of the apprehension which
has grown with years, and been intensi
fled by events. of the crime of lync,li.h-
An act was passed at this time for its
suppression. No legislation along this
line will be effective until strong
healthy public sentiment DEVELOPS, Il
sentiment which will not content itself
with mere protests, hut will do and dare
whatever is necessary to remoy. this
evil from our midst. 1t behoovos III
good citizens and in an especial manneI
all lawyers to actively aid in the cult
walton Of this sentiment.
The legislature of 1895 was the pro
duct of two political forces One
fiercely attacking and seeking to de
stroy the supremacy Of the party and
men who. for a generation, had con
trolled and directed the affairs of thu
State The other seeking to mould and