The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-09
THE REVENUE ACT
SEEMS TO Be DEFECTIVE
The Amendments to it Were ''Material' and
They We're Not Passed on Three
Separate Readings.
STATEMENT BY LIEUT.. GOVERNOR TURNER

its second reading and was passed as
amended, the roll call showing 65 ayes,
l8 nays. On the seventh a namendment
offered by Mr.. Graham was adopted. On
the eighth Mr. Gattis moved that the
vote by which Mr.. Grahams amendment
was adopted the day before be reconsid-
cred. Mr.. Williams called for the pre-
vious question and the call was sustained.
Mr.. Graham demanded the ayes and noes.
The cell was sustained and the motion
to reconsider prevailed, ayes IA, noes 21.
Mr.. Craig called for the previous ques-
tion on the amendment and the passage
of the bill on its third reading, and the
call was sustained. The question then
required uTon the adoption of the amend
ment offered by Mr. Graham. Upon its
adoption Mr.. Graham demanded the ayes
and noes. The call was sustained and
the amendment was lost, the bill passing
its third reading by vote of II ayes,
Is Enoes. MIR. Gattis moved to reconsid-
er the vote by which the bill passed its
third reading and then to la ythat ma
tion on the table. and this was carried
The bill was then sent to the Senate
without engrossing.
On the same day March eighth. the bill
| passed its drst reading in the Senate
| being numbered 1468. 1t was placed on the
| calendar and or motion of Senator Lon
don was ordered printed On March
| eleventh the bill passed it's second read
! ing by a vote of % ayes, 19 noes On
| March thirteenth it passed third read
| ing, the vote being 25 ayes to noes. The
| bill was then sent to the House without
engrossing for concurrence in the Senate
amendments to it,
On the thirteenth when the bill with
the Senate amendment was brought to
the Hocse there was a vote of nom
concurrence N the Senate amendments
and a conference committee was ap-
pointed, Messrs. Gattis Willard and
Page being the House conferees.
The Senate appointed as its members
CT the committee Messrs. London and
Aycock On the fourteenth the report of
the committee was submitted to the
House. In this report the House con-
! ferees recommended concurrence in a
| number of the Senate amendments and
reported that others had been withdrawn.
On motion of Mr.. Winston the House
adopted the report of the conference COM
| mittee and the bill was ordered en-
rolled for ratification.
The bill was then enrolled and on
March 18th was ratified in both branches
of the General Assembly, being properly
signed and attested.
LIEUT. GOV. TURNER'S VIEWS.
Lieut.. Gov. Turner, who was president
of the Senate, was seen in regard to the
bill He~said:
= tnink there is something in the con
tenticn OF the people at Wilmington as
contained in the News and Observers
dispatch this morning.
''As l remember it, there were thirty
six amendments to the bill adopted for
the first time on its third reading in the
Senate. After the bill had passed its
third and FINAL reading in the Senate, ii
went to the House fer concurrence The
House refused to concur and conference
committees were appointed This commit
tee reported that it had receded from
seven cf the amendments and agreed on
adoption of the others. The report was
adopted, and thus ended the legislative
course of the Revenue Act.
Now as | understand it, the point
is made that the amendments were a
material part of the bill and should have
been read on three separate days and
was done as the journal shows. but there
| are decisions of our Supreme court which
| seem to hold that if material amend
| ment is adopted on the second or third
| reading then the bill must be again put
| on its several readings as provided by
| the Constitution. This was not done in
| the case of the Revenue Act and / called
the attention of some of the Senators
to the fact. 1t was right at the end of
the session, and they thought it was not
necessary to pass the hilt over again
in both Houses on separate days by roll
call, and added that TO do SO would keer
the Legislature in session another week
longer
Gov. Turner appeared to be of opinion
that the act must either stand as finally
passed and ratified or fail entirely.
"In that case" he added, we would
have to fall back upon the Revenue Act of
1899 But that also was passed in eX
actly the same manner the 1901 act
and, in fact l think every Revenue Act
the State has had for many years was
passed in the same way, the point having
never before been raised
QUESTION OF AN. EXTRA SESSION.
1t was suggested that such condition
would make an extra session of the Leg
slature necessary, ard Gov. Aycoek was
interviewed in regard TO it. He said
"On account Of the book question which
has engaged my entire attention today,
have been unable to carefully examine
into this matter, but | do not think the
present Revenue Act will be, or can be
disturbed on account of the amendments
adopted to it. AS to an extra session, |
have not thought about it and cannot now
say what | would do if the act were de-
clared void"
Treasurer Lacy thought that if the