The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-02-24

by it decided that the original Dill mad
never been withdrawn. that the minority
substitute was being considered, ana
that all parliamentary rules were being
observed.
Senator Travis spoke against the Dill.
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-
curing negative rather than affirmative
proof. He did not think lives would be
saved by it. but that money would he
made by plaintiffs. If the purpose IS
to put an extra mar to work On an en-
CINE, declare it openly" ne 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.
No. replied Mr.. Travis. 1t would 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 a personal Investigation
on a 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 viii do" AS Sen
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
- - L. 81. --.+ I
said he was no lawyer. but that the rail
road lawyers were as heightened and as
honorable as any. That for twelve or fiji
teen years as a railroad law agent be had
found them so, and found them as good
as any in the State. He came to the
Senate. not as a railroad man, but as a
citizen Of Guilford. He had given up his
position with the road there while in the
Senate, but expected to resume it after
ards. The people Of Guilford always
had 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. Il can stand here
as a railroad man and be as honest and
as high-minded as any many here"
Following Mr.. Glenn's- further remarks
there was a spirited colloQuy 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 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 a general
reversal of the policy Of the law, and he
regarded it as a mischieyious bill, in that
it changed the rule Of negligence and its
passage would mean that the Legislature
was invading the judicial domain. The
judiciary should not thus be directed.
Here Senator Justice remarked that in
the Code / had been placed ( that the
killing of an animal on the track was
prima facia evidence of neglect and that
this was d 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
cases and Mr.. Henderson one to put in
'negligently" in the bill so that no in
nocent failure to give warning would be
aus - SUITS. loOIH Oh THESE were
adopted and a vote was taken on the
minority substitute bill. it being lost by
a vote Of y to -.
During the roll call Senator Mitchell.
of BERTHE, explained his vote. 81 am not
a lawyer" he said, but in the legal
macs of this discussion ! have learned
that there is a statute which requires
that a signal should be given TO a hog
on a track and thus give it a chance
for life, and as l value a humdn life
above that of a hog | cast my vote for
this bill"
The vote was as follows:
AGAINST THE BILL: Allison. Bald |
win, Beaslcy, Bellamy, Brown, Con!ey,
Crisp, Durham. Gillian, Glenn, Hender-
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. Ballenger,
Burton, Goodwin. Hicks, of Duplin, Hoey,
Hunter, Justice. Lamb, Mann, McMul-
Ian, Mitchell, Pollock. Pritchard and
Walker-15.
PAIRED: For the Bill, McBryde:
against it, Woodland. For the bill, Spruill. |
Against it. Blow.
ABSENT OF NOT VOTING: Cathey,
Griffith, Marshall, Richardson. |
HOUSE.
All of the substitutes for the Watts |
bill were voted down in the House yes !
terday and last night.
Mr.. Morton's amendment was lost by
a very close vote, 40 to 50.
At first, while the vote was being
counted and before the announcement
was made. it was seen that it had ac-
tually passed by one vote. BUt several
gentlemen had voted under a misappre-
hension, and changed their votes.
me committees amendments were |
adopted with the exception of the one
known as section Z, which provides that
any person desiring to sell wine under
the provisions of the bill must obtain u
license from his county commissioners.
That WIS voted down.
All Of the other amendments were
voted down, except two or three that
were accepted by Mr.. Watts.
The House adjourned at half past
eleven O'Clock, before a vote on Mr..
Va 49,