The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-27
TIE BURLINGTON CASES.
The Citizenship Bill Meets With Strong
Opposition.

town OF Burlington who were Il ye01 ~
so ago convicted of grave robbery, fined
$50 each. but Immediately pardoned ny
the Governor.
The chief opponent to the bill whrh
is necessarily Il general one. was Mr.
I4catherwood. OF Swain.
He said there were too many Grimm
ais voting already, and that this bill
opened the door for many more.
''Thcrc is already in North Carolina 4
law giving such criminals all the relief
they ought to ask There are thieves
and barn-burners and the like in my
county waiting for just such n law So
far as my vote is concerned, it shall he
against this BILL 1t ought to be killed.
Mr.. Carroll. OF Aiamance. said the
act was in thorough accord with the pro
visions of The constitution. Under the
existing law man, after he has been
convicted. must wait four years and
then bring forward five witnesses To
testify MS to his good character.
"ThiS is u special case, and | under
take to say that within the next 100
years therc'Il not bc half dozen case
like II
Mr.. Leatherwood IF this bill pasSe
it'll be the means of restoring some ot
the neanest men in North Carolina 1
citizenship. As to felonious intent. il
not possible to convict a man OF amy
crime unless there is felonious intent
Take that out and it's no crime.
Mr. Foushcc. of Durham, said Their
must be concurrence of the following
circumstances in n case to make this nc
apply TO it: ID Conviction; 60 No
Judgment of imprisonment; t3.) Pardon
by the Governor a. Proof of lack
of felonious intent.
This is. / think, wise act. just
act and generous act and il ought TO
be passed.
Amendments were proposed excepting
the following counties from the provi
sions of the bill: Swain, Wake. Lenoir
Mitchell and Greene. Also one ITO ap
ply only TO Alamance.
Mr.. Gattis. of Orange, made the point
that the exception of certain counties
would prevent the law being general in
its application. and would therefore
make it unconstitutional.
Mr.. Kennett. of Gnilford, knew the
origin of the act and he knew the State
of North Carolina would suffer nothing
from the passage of the law.
Mr.. Robinson. of Cumberland. saw m
objection to the bill. He was inclined
TO believe that n man who was pardoned
was restored TO citizenship anyway.
Mr.. Justice. Of Mcdowell, had no
doubt on this point.
Mr.. Carroll, of Alamance. however
said the majority of lawyers held other
wise.
Mr.. Leatherwood ''Then can't yot
pass a special law for your county,
Mr.. Carroll: NO. sir, the Constitution
EXPRESSLY forbids it,
Mr.. Foushee. of Durham. read the
constitution ON this point and asked that
the amendments be voted down.
IF single county is excepted then the
law viii not be general and will there
fore be null and void"
Mr. Justice. of Mcdowell, was os the
opinion that Section &, Article 3. of the
Constitution that gives the Governor
power TO pardon criminals, also restores
the convict to all the privileges and
rights of citizenship. He stands rs if
he had never been convicted.
In my opinion there is absolutely 10
necessity for the passage Of this law"
Mr.. Leatherwood: "Thcn why do you
want it passed.
Mr.. Justice: at is easier TO pass it
than to discuss it,
Mr.. Powell. of Wake, thought it easier
not to pass it than it was TO discuss
it.
Mr.. Craig argued in favor af Tie Eli.
He said it couldn't possibly nurt any
body. 1t restores nobody to ,lGiXenship
, !, boy
tlemen who are sending up these amend
ments need not take fright 1t Is Il set
of circumstances that will probably
never occur again.
Mr.. Gillian, of Edgecombe, argued
against the amendments.
Mr.. Carroll explained that the mayor
and town commissioners IF ourl. ,gton
had control Of the cemetery.
They We're allowed to sell lots in the
cemetery. Other lots were set ASIDE as
free lots.
Certain people bought lots but failed
| to pay for them. They were notified
that if they did not pay by certain
| day the bodies buried ON the lots would
be taken up and moved to the free lots.
| The lots were not paid for nd tie
bodies were moved. For this the mayor
| and commissioners were in1ictad on II
charge Of grave robbing.
| There was no denial Of the facts
as charged, except as to intent.
They were convicted and fined so
| each; and the Governor Immediately
| hardened them.
They did it," said Mr.. Carroll, mot
knowing that they were violating any
aw and believing that they were acting
/ for the interest of the town"
| Mr.. Carroll didn't think the bill would
restore to citizenship a single person eX-
| cept those in Alamance county for whom
| it was intended.
| All amendments excepting couaties
! from the provision of the bill were lost
| Mr.. Gattis' amendment TO require sen
witnesses instead oil five was adopted
and the bill was passed on its several
| readings.
| BONDS OF COUNTY OFFICERS
Bonding Companies Must be Able tC
Prove Their Solvency.