The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-19
DEBATES IN THE SENATE
The Anti Cigarette Bill Set For Next
Wednesday.
Mr.. TRAVIS WANTS q MONTH SCHOOLS
Senator Smith For Graduated Tax on Charters.
Senator Ward Favors Agricultural
Fairs. Several Bills Provoke
Discussion.

UfSCuSSl0n.
Yesterdays session was a day OF de-
bates, the bill, by Senator Henderson to
allow the husband the same right to sell
property as the wife in certain cases con-
sumed nearly two hours in discussion and
GOVERNOR AYCocK WELCOMED.
soon after the Senate convened Scar
gent Arms Smith announced, Mr.
President. His Excellency the Governor
of North Carolina is in the Senate
Chamber. Governor Avcoclx at that mo-
ment entered and the Senators received
him standing, and he was invited by the
Chair to a seat on the floor of the Cham
bcr He shook hands with many Of his
friends and remained in the Senate per-
haps for quarter OF an hour
ANTI-CIGARETTE BILL.
The Committee on Propositions and
Grievances reported favorably the bill by
Senator Brown against the sale of cigar
ettcs. and upon motion Of Senator Wood
ard. of Wilson. it was made the special
order for II o'clock next Wednesday.
Senator Woodard made the comment that
this was very sweeping and general bill
and would require careful consideration.
NOTABLE BILLS.
Among the important bills introduced
Yesterday as appears in the report of the
proceeding below are several civil amend
ments to the Code by Senator Foushee; a
bin by Senator Smith for a graduated tax
on charters of corporations (the bill
appears in full elsewhere); bill by Sen
ator Travis to provide four months public
school in every county (the bill is publish
ed in this issue); and measure by Sena-
tor Ward to promote agricultural fairs.
The Senate passed Senator Henderson $
bill regarding qualifications for Justices
Of The Peace and for forms OF acknowl-
edgement Several bills provoked discus
sion and went back to the committees
THE HUSBANDS RIGHTS.
The bill by Senator Henderson which
excited so much discussion read as fol-
lows:
Section l. That section 1881 of the
Code be amended by adding thereto the
following: And every husband, who
shall be living separate from his wife,
either under judgment of divorce by a
competent court or under deed of separa-
ton executed by said husband and wife
and registered in the county in which he
resides. or whose wife shall have been
declared an idiot or lunatie. shall have
power to convey his real estate without
ihe consent of his wife.
Section 2. That section 1882 of the
Code be amended by adding thereto the
following And every husband whose
haIl al m haI hav
TO convey his real estate without consent
of rs wife"
SENATOR MORRISON OPPOSES.
Senator Morrison said he did not sup
port the bill in the committee and earn
ostly opposed it now. wife now had
the old common law dover of third in
terest in her husbands property 1t is
n question whether that is a vested right
bat one Judge held that 1t was such a
right. and ii so it is protected by the
Constitution bevond the power OF this
General Assembly. Anyway, this is a
right the women of North Carolina have,
but under this bill if woman shall lose
her mind then the husband shall have a
right 10 sell the property in which she
has vital tiowery right. Why she might
be insane for thirty years and then re-
gain her mind only to find all the property
she and her children depend on sold by
her husband. A woman in such a state
ought TO be protected above all others.
There is a provision now by which guar
dian can be appointed and property sold
by proper legal course, but the woman S
mental misfortune does not now rob her
OF her property. Why, as to deeds Of
separation there is great question as to
such deeds standing There are strong
reasons to believe that this Assembly
cannot thus take away the protection Of
woman's dover This looks like North
Carolina is beginning not only to grant
divorces for anything but to shake
up the ancient rights of husband
and wife. Then the bill says that the
husband can sell his wife's property il
she abandons him There is often ques-
tion which has abandoned, the man or wo-
man? This bill would encourage mean
men TO pretend that their wives had
abandoned them SO that they could sell
the womans property The homestead
right is vested right in North Carolina,
and the wife certainly has this homestead
right and this Assembly cannot rob her
OF II. This Assembly should mark we'll
the limits Of the Constitution. and the
Legislature should not act on the pre-
sumption that the Constitution will take
care OF itself Don't let this Senate do
this wrong TO the poor women. When a