The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-02-19


by a third man, the given signal would
keep from rushing man into eternity
at sixty miles an hour.
In conclusion he plead that this little
chance for saving human life be not
denied. because somebody, somewhere,
somehow or at sometime may have felt
that a jury had rendered an unjust YER
dict. Such talk, he said, did not reach
the dignity of an argument.
Here occurred the third mix UP as to
the status of the bill. Mr.. Gillian
thought the original had been withdrawn
and that there was nothing before the
Senate. Mr. Justice thought the minority
bill was under discussion. The President
of the Senate called for the Journal and
by it decided that the original bill had
never been withdrawn, that the minority
substitute was being considered, and
that all parliamentary rules were being
observed.
Senator Travis spoke against the bill.
He denied the charge that the talk Of
corrupt juries and improper verdicts was
the argument of his side. but declared
that the bill made an unsafe and wrong
rule of proof before a jury or court, re-
quiring negative rather than affirmative
proof He did not think lives would be
saved by it, but that money would be
made by plaintiffs. IF the purpose is
to put an extra man to work on an en-
gine, declare it openly" he said, "and
don't urge this bill.
Here Mr. Justice remarked: "The
third man would do no good if he were
playing seven up with the engineer.
Nh Troy vic do
no good to have a third man and not
give a signal" continued Mr.. Justice.
How are you going to know that the
signal was given" answered Mr.. Travis,
and then told of personal investigation
on train where many people never
heard the whistle, and could not tell
whether it blew or not
During Mr.. Travis remarks Mr. Jus
tice said reference having been made to
railroad lawyers: There is no telling
what railroad lawyers will do" AS Sem
ator Travis finished Senator Glenn was
on his feet. He said he had not intended
to speak, that he had been connected
with railroads for years, but when it was
thrown in the teeth of the opposition
that there was no telling what a railroad
lawyer would do he felt he must speak He
said he was no lawyer but that the rail
road lawyers were as high toned and as
honorable as any. That for twelve or fif-
teen years as a railroad law agent he had
found them so, and found them as good
as any in the State He came to the
Senate, not as railroad man, but as
citizen of uGilford. He had given up his
position with the road there while in the
Senate, but expected to resume it after
wards. The people of Guilford should
have confidence in any man who con-
Quoted himself right and had nominated
him. knowing he was a railroad man.
That at first he had felt that he might
put the Democratic party in jeopardy be-
cause of this, but that he had been elect
ed by 700 majority. 81 can stand here
as railroad man and be as honest and
as high-min as any man here.
Following Mr. Glenns further remarks
there was a spirited colokuy between
him and Mr.. Justice as to people hearing
the whistle blow. Following this SEN
ator Gillian spoke He said Senator
Justice had not been entirely respectful
to the committee which passed on his
bill, and thought that the voice of the
committee should prevail He did not
feel that there had been anything said of
disparagement to juries, but the bill, as
he saw it. would bring about general
reversal of the policy of the law, and he
regarded it as mischievious bill, in that
it changed the rule of negligence and its
passage would mean that the Legislatur
was invading the judicial domain The
judiciary should not thus be directed.
Here Senator Justice remarked that in
the Code Il had been placed that the
killing of an animal on the track was
prima facia evidence of neglect and that
this was a precedent. Senator Gillian
replied that he was working against ex-
actly these kind of precedents.
Mr.. Gillian proposed an amendment to
the bill that it should not affect existing
eases and Mr.. Henderson one to put in
"negligently" in the bill so that no in
nocent failure to give warning would be
cause for suits. Both of these We're
adopted and vote was taken on the
minority substitute bill it being lost by
vote of q to Is.
During the roll call Senator Mitchell,
of BERTHE, explained his vote. 81 am not
a lawyer, he said, but in the legal
mazes of this discussion I have learned
that there is a statute which requires
that a signal should be given to a hog
on track, and as l value human life
above that of a hog l cast my vote for
this bill"
The vote was as follows:
AGAINST THE BILL: Allison, Bald
win, eBasley. Bellamy, Brown, Conley,
Crisp Durham. Gillian, Glenn. Hendor-
son, Hicks. of Granville Holton. London,
Mclaughlin, Milton Norris, Pharr, Rein
hardt Spence, Thayer, Travis, Vann,
Warren, Webb, Wellborn and White-27
FOR THE BILL: Aaron, 3allinger.
Burton, Goodwin. Hicks, of DupIin. Hoey,
Hunter, Justice, Lamb, Mann, McMuI-
Ian, Mitchell, Pollock, Prtchard and
Walker-15
PAIRED: For the Bill. McBryde
against it. Woodard. For the bill Spruill.
Against il, Blow.
ABSENT or NOT VOTING: Cathcy.
Griffith, Marshall, Richardson
SENATE-THIRTY-S Y-SEVENTH DAY.
The Senate met at II O'Clock with
Lieutenant Governor Turner residing,
and Rev. w G.. Wilson led i'm Drayer