The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-02-15
SENATE PASSES BILL FOR PROTECT.
ING TIMBER LANDS
A COMPULSORY EDUCATION BILL
in the HouseIt Provides
for It's Adoption by Local Election.
A BAl To Incorporate the James
Sprunt Institute-Many Bills Pass
Final Reading-HouSe Passes Biz
Requiring all Members of Board of
Agriculture to be Farmers
SENATE.

Especial to The Messenger.)
Raleigh. February 13-The senate met
at IL O'clock, President pro tenn Lon
don In the chair.
A petition was presented by Senator
Morton from citizens of New Hanover
county regarding pigeon shooting.
Senator Henderson asked that the
house bill for defense by the state of
citizens indicted in federal courts be
placed on the calendar.
Senator Gambler, republican, objected.
Senator Henderson moved to suspend
the rules and put it on the days CAL
endar
Senator Gambler demanded the ayes
and noes.
The result was a strict party vote
30 to 10. The bill went to calendar fol-
today.
Bills were introduced as follows: BY
senator foushee. to authorize the sec
retary of state to print the election re-
turns Of 1898 and 1900; by Senator
Broughton. to incorporate the Charlotte
and Monroe railroad; by Senator Jus.
tlce, to incorporate the Rutherford and
H1ckorynut Grape Railroad Company;
by Senator Woodward, by request, to
amend the code regarding writs or
ven1re faclaS; and also, by request, re.
garding the purchase of real estate by
municipal corporations; by Senator
SpGght, to establish a dispensary in
NO. township in Edgecombe; by Sen
ator London, to provide for state de-
poSltorles also to regulate the deposit
ing OF the states funds; by Senator
Gudger. by request, to provide for reg
1Sration OF architects.
The house bill to authorize Beaufort
to levy a special tax passed it's second
reading.
The mouse bill to authorize Halifax
to issue bonds passed its second read
ing.
The senate bill to make certain parts
OF Chowan, Perquimans and Pasquo-
tank counties stock law district passed
its third reading
The senate bill to promote agricul-
tural fairs was tabled
The senate bill to regulate the hear
ing OF injunction cases for trespass on
tlmDer land came uD. The committee
recommended a substitute
Senator Ward said the senators from
the timber section favored the bill
Under the present law lumbermen can
go on any mans land and cut timber
lumberman can go ahead and cut tim
ber and simply pay the market price
at the time OF cutting. Under the pres
ent condition, by the supreme court S
decision, a lumber company cam gu
with hardly any pretext of title on a
mans land and cut his timber. The
owner then goes to court and gets an
injunction, but that is no protection 20
the owner, for these companies simply
hk1 is fina lad
ing and when the case is naEy decided
all that the owner can secure in return
Is what the jury says the lumber is
worth, laying on the ground the day it
was cut. Owners of timber lands have
no protection, and things have come to
such a pass that citizens, finding no
protection by law. are taking their shot
guns and guarding their land against
these invaders armed with axes Sena-
tor Ward pictured the hardships and
wrongs worked and was listened to
closely by senators and the gallery and
applauded.
Senator Morrison said he could not
see why laws for injunctions and re-
Strafning orders were wanted more for
timber lands than for other property.
The courts will not grant a permanent
restraining order unless the damage is
irreparable. He said Senator Wards
argument was predicated upon the idea
that a lumber company has no right
TO land and one would believe the sn1-
preme court is in collusion with the
lumber companies. The company must
be in possession and must show a
strong case. The real remedy is to
change the measure of damages and
for lumber in the highest market.
for lumber IN highest market.
Senator Travis argued for the bill,
saying lumber companies were virtual
7y confiscators. 1t is manifestly unjust
when two men get in a dispte for the
court to say to one of the men: You
can take the property and destroy II
and then I will decide after it is an
initiated who it belonged to-"
Senator Morrison offered an amend
ment Inserting the word Clearly and
striking out the words "prima facie.
Senator Struggled said: ct endorse
every word Of Senator Wards eloquent
speech This wrong is not suffered
alone in the east"
Senator Aycock said if the amend
ment was adopted he would join in and
make the bill in effective.
Senator Morton believed the bill need
lessfy changed old landmarks.
Senator Justice sent forward an
amendment to strike out the word
clearly" in the Morrison amendment
Destruction Of shade trees would be sc
termed This bill simply keeps the sub
ject In action invfolate during the suit
Certainly the trees can not be put back
after they are cut down. He thought the
word clearly" should be stricken ou,
because 1t would necessitate many
changes.
Senator Brown said he was depend.
ing on the legal talent here.
Senator Aycock did not know how te