The Caucasian. (Clinton, N.C.) 188?-1913, 1901-05-16

REPORTED PLANS TO RESIST
ITS ENFORCEMENT ON
ACCOUNT OF IKREG-
ULAR PASSAGE.

ULAR PASSAGE.
COUNSEL Is ALREADY EMPLOYED.
Some Material Amendments Adopted
without Aye and Nay vote-A Quss-
tion - to Its Constttutfonality-Spe Special
Session OF General Assembly Talked OF
The revenue act adopted by the
last legislature is now being talked
about in such a way as to indicate
that 1t may cause trouble. 1t has
not yet been generally known or un-
derstood. Some people, however,
nave gained q knowledge Of some
portions of it, and it has proven to
be so drastic and promises to be so
meddlesome and annoying, that
preliminary steps are being consider
ed for testing It's constitutionality
OF course no one who looked on
the proceedings of the last legislature
ever seriously thought that body
would or could frame de ent act of
any kind that did not carry "jObs"
with it. That aggregation was far
too much engrossed with providing
places for themselves, and trying to
Oust Others from places by impeach-
ment proceedings and presenting
bills to prevent payment of lawful
salaries to political opponents, to
give the interests of the general
public any Of its time. All the
brains in the whole collection would
not have been equal to the task of
framing fair and just revenue act,
for the simple reason that fairness
and justice never had any seat or
lodgment among them. Therefore
it was and is unreasonable to expect
anything along this line that can
commend itself to the people.
The first reported opposition to
the revenue act as it stands comes
from Wilmington. 1t is stated that
able counsel has been employed
there to resist the enforcement OF
the present law on the ground that
its manner Of passage by the last
General Assembly was in conflict
with section IA, Article l Of the
Constitution. It is claimed that
when the bill came up for second
reading in the Senate it was weight
ed down with thirty-six amend.
ments, and after it went back to the
House many of the amendments
were concurred in and others re
jected; and that when the bill came
back to the Senate as amended II
was only read one time and passed
one reading and was afterwards
ratified.
If these facts are so, leading law
yers say the whole revenue act is in
valid,a ,as the Supreme Court of Nortl
Carolina has several times decided
that unless bill of this characte
shall pass three readings on separat.
days and the ayes and nays recorded
in the second reading, the bill i
void.
1t. GOV. TURNER'S OPINION.
| 1t. Governor Turner, Presiden
of the Senate has been interviewe.
on the subject and says:
Gas I remember it, there wer'
thirty-six amendments to the bill
adopted for the first time on it
third reading in the Senate. Afte
the bill had passed its third and fina
reading in the Senate, it went to tn
House for concurrence. The Hous
refused to to concur and conferenc
committees were appointed. Thi
committee reported that it had re
ceded from seven of the amendment
and agreed on adoption Of the Others
The report was adopted, and thu
ended the legislative course of tn
Revenue Act.
"Now, as 1 understand it, th
point is made that the amendment
were a material part of the bill an
, should have been read on thre
separate days and adopted by an ay
and no vote. This was done as tn
:, journal shows, but there are decision
9 of our Supreme count which seer
to hold that if a material ament
ment is adopted on the second {
= third reading, then the bill must /
again put on its several readings I
provided by the Constitution. TIL
was not done in the case of ii
revenue act, and 1 called the a
tention Of some of the Senators
the fact.'
If the revenue act should prove
be unconstitutional, the tax collecto
:, and state government would hay
to fall back on the revenue act
3 1899. But that act would not beg
to produce enough revenue to me
- the tremendous increase in expens
9 and appropriations incurred by Il
- last two legislatures. The sta
would fall behind anywhere fro
three hundred thousand to half
million dollars before another re
= ular, biennial session of the Gener
:, Assembly.
= The next remedy would be to G.
" 4 special session Of the legislature
:. remedy any defect that may exist
" !" the manner of the passage of t
- bill, and this is being talked abO
now.
" It is understood that Govern
oc Aycock is of the opinion that t
y grounds on which counsel ars thin
~ inor of nnnosino the aet will not nrO