The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-14

| it indefinitely.
SENATOR MOP RISON OPPOSES
senator Morrison could not see why the
laws for iniunctons and restraining or
ders should be different in timber lands
than IN other property. He discussed the
matter from a judicial standpoint ably.
This bill applies TO all timber land and
Is serioNs matter radical change.
The courtst will not grant permanent re-
stralnlng orders unless the damage is
lrreparable. The argument of the Senator
from Washington is predicated upon The
idea mat the lumber company has no
right 10 the land and one would believe
that the Supreme court was in collusion
with the lumber companies. a man who
attacks another's property, when he is in
possession OF it. cannot work such a
hardship. The company must be in pos
session and must show a strong case. He
read from Justice Merriman's decision
and saw no reason why. under it, the own
er could not receive adequate compensa-
ton If this rule CT law is changed then all
land owners are affected. The real rem
edy, in the speakers opinion, was to
change the measure Of damages and al
low the man to get the highest price for
lumber in the highest market.
SENATOR TRAVIS ARGUMENT.
Senator Travis argued for the bin say
ing acts of the lumber companies were
virtually conliscation as now practised
''Do not the lumber companies have to
show strong apparent title?" asked
Senator Morrison.
Eyes, strong apparent title but that
is very different from a strong actual
,,,ft In,
good title. but which is unjust and in
valid" replied Senator Travis.
'@The present law saws the defendant
must show strong apparent right before
The injunction is granted but this law
says must show a prima facia case. Is
that right" asked Senator Morrison.
Under the provision of this bill, yes.
replied Senator Travis" Is it not man
ifestly unjust when two men TO get in a
dispute for the court to say TO one OF the
men You can take the property and de-
strov II and then will decide. after
it is anihilated. who il belongs to- This
bin stops this gross injustice and wrong
TO the citizens of the State. Let this
bill pass and the subject in dispute
will remain in tact so that the winner
of the action will not gain fruitlcss vic
Tory"
Senator Morrison offered an amendment
inserting clearly and striking out
"prima fHca.'
SENATOR STRINGFIELD'S SPEECH.
Senator Springfield said Il endorse
every word of Senator Wards ELOQUENT
speech This wrong is not suffered only
in the east" He described the hardships
worked by what is known las junior
land grants" which are often worthless
titles sold to unsuspecting parties. The
law ought to be perfectly clear so that
there can be but one decision on this
matter When lawyers and philosophers
disagree disciples and laymen are free
He hc.ed that the bill would pass and
the rights OF the land owners would not
be jepordiZed and a man required to
30 a hundred miles to see irdge to grt
protection of the land. on which he had
been born and raised. against an IN
vader
Senator Gudger said Morrisons amend
ment would simply destroy the bill The
measure was Just, il protected the sub
iect OF the action. and could work no
hardship. He hoped that the amendment
would be voted down.
Senator Foushee wanted to be very slow
in destroying the old landmarks. He
favored the amendment b. Mr.. Morrison.
Men had secured grants from the state
and they were prima facia evidence and
would enable the holder 20 tie up lumber
companies. In trying to remove hard
ship let the great lumber industry Of the
State be fully protected. He desired the
adoption Of the Morrison amendment.
Senator Aycock opposed the amendment
and favored the bill.
Senator Morrison then declared My
amendment was offered in good
faith in the discharge of my
duties. The amendment leaves 1T in
the discretion and power of the honest
judges of the State. All II means is that
the Judges shall be satisfied about the
Justice and clearness of The case. all
opposed TO government BY injunction The
country is already being tied up by 'hem.
want the State to 10 Justice between
the lumber men and .he land owner ard
that was my only purpose.
Senator Marshall hoped Mr.. Morrison
would prevail.
Senator Morton had listened closely and
he thought that the bill needlecsly
the old land marks. lie opposed
the bill.
THE FURTHER DISCUSSION.
Senator Justice sent up an amendment
to strike out the word clearly" in the
Morrison amendment. He said he could
see in Judge Merrimans decision that he
could have wished such a law at that
time. The question is what is 'irrepaT-
able injury" The destruction of a shade
tree would be so termed. This bill sim
ply keeps the subject in action inviolate
during the suit. Certainly the trees can
not be nut back after thew are cut down.
He thought the words clearly" should
be stricken out because it would necessi-
tate tedious hearing before the Judge
could give relief.
Senator Brown said he was depending
on the legal talent in this matter. Most
of the timber land in his section had
been sold to be removed within a GER
tain time and he wanted the purchasers
rights fully protected. As long as there
is division among the lawyers he did
not know how to vote on the bill. These
northern men had bought the timber at
a high price and were FUN: shing meat
and bread to the people and he wanted
assurance that both were fully protected.
Senator Avcock did lot know how TO
nave greater assurance than the almost