The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-19
North Carolina 10 p. Fl. Hugh
(Reported favorably.)
discussions i'm Committee


bic discussion, by Messrs. Ward,
Murphey, Graham and Chairman
Winborne. The act is TO amend sec
ton | OF section $40 of the Code. by
adding at the end of said section the
following:
Amy person adjudged TO be guilty
Of contempt under this section shall
have the right to appeal to the Su
Dreme Court in the same manner as is
provided for appeals in crimina! ac-
TONS
Since the recent various contempt
proceedings and the way in which they
have reacted upon the judges instead
of the prisoners at the bar, it would
appear that this legislation is more
dcclaratory than necessary The dis
cussion, however, indicated no par
ticular opposition to the intent of the
bill. but its reference to the commit
tee was more for the purpose of eX-
aiming carefully into the law gov
erning the questions involved
The bill! Of Mr.. Alexander as to
vagrancy met with a hearty response
on the part of the committee. 1t was
explained that Mr.. Alexander was not
present and that he would like TO be
heard. The committee, however, so
evidently approved of the bill that
there was q motion to report 1t ia
favorably in the absence of it's au-
thor. 1t was only upon the sugSes-
ton that Mr.. Alexander was prepar-
pairing n more stringent act as to
vagrancy intended TO supplant the
present law and to incorporate in thai
the provisions of the present bill that
the Inatter was deferred until suf n
time as he can be present. the
provisions of the bill are aimed at
the growing class of men in factory
towns who remain in idleness and
spend the earnings of their wives ana
children who work in the mills.
The rule as to visible means of sup
port has hitherto kept this gentry
safe. but the present bill singles them
out as Grass offenders.
A remarkable bin was that drawn
by Mr.. Norville. of Murphy, by re-
quest Of Thomas G.. Mcdonald, of
Cherokee, asking that he be granted
the privilege of practicing law upon
the payment of the $40 tax to the
State The bill provided that unless
by 1907 Mr.. Mcdonald should have
qualified himself and passed the reg
ular examination of the Supreme
Court his license should be revoked,
and he would be compelled TO refund
all fees collected by him as a awyer
i'm the meanwhile. The bill raised q
laugh which was settled by Mr.. Nor
>
written by him by request, and that
he did not expect its passage; that
the applicant was a cripple and had
been for sixteen years the clerk of the
court OF Cherokee county.
The Homestead bill referred TO
gave rise 10 much discussion as to
what was the Jaw Mr.. Feimster con-
tending that the provisions of the bill
were as the statutes on the subject of
homesteads stand at present.
Judge Winborne took an opposite
view, which he upheld. stating that
under the present statutes a man
might sell homestead after homestead
and so convey an interest for the
term of the homestead in an UNI
limited number Of tracts of land.
THAT'S not the way we do in Ca
tawba said Mr.. Feimster. The bill
after being discussed was finally re-
ferred to a subcommittee composed
of Messrs. Stewart, Murphey and
Butler.
An act to prohibit the dealing in
futures drawn by Mr.. Cover. of
Harnett. was the result Of much talk
and some reDartee.
Mr.. C. M. Busbee, of Raleigh, was
in attendance, representing COM
mission house as attorney. He
stated that he thought that a read
ing of the bill would convince the
committee that the measure was not
a proper one.
Mr.. Stewart stated that the people
of his county We're tired Of bucket
shops and wished to be rid of them for
once and al.
"AIl the people down there took
the bull side.'' suggested a member.
Judge Graham wanted to know
whether the measure would hold
water.
That's all they do hold" retort-
ed some one.
"It all leaks out" said Judge Gra-
ham,
At the instance OF Judge Graham
seeking light as to what was bucket
shop, Mr. Busbee drew the distinction
between a house in which delivery
was not contemplated in the contract
which was mere wager and those
firms which provided that all ar
ticles dealt in We're susceptible of de-
livery at the option of the purchaser,
The bill proposed, said he. would
render indictable every firm which
sold anything to be delivered at a
future time, and for any reason ala
not make actual delivery. 1t would
apply to individuals, and TO farmers
and cotton mills.
The bin was finally referred to a
committee for report.
Mr.. Fowler's bill. action on which
was finally deferred providing that
when a defendant effected a COM
promise independently Of the attorney
for the plaintiff he should be liable
for the lawyers fees was considerable
OF a novelty. There has been much
abuse and much fraud on innocent
members Of the profession by these
means, said several of the members.
who cited instances in which they had
been done" by various clients by
means of independent compromises.
Judge Graham, however, objected to
the bin on the ground that it made 1T
appear that the profession was not
able to take care OF itself, and the
uestion was deferred for the time.
In the matter of the bill enabling
administrators to sell lands. Mi.
Fimster and Judge Winborne again
locked on the question of what was
the law, the latter eliminating an
earnest argument with the statement
that it did not make any difference
whether the bill was enacted or not,
"that it wouldn't hurt anybody, but 1t
puts us on record as not knowing the
law" In the face of Judge VIM
borne's positive opinion to the con-