The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-19
important Bills Consider
ed By Senate Judiciary.
REPORTS POSTPONED
Long Discussions For and Against
Bills, and Final Action Deferred
After Bills Had Been Re-
por.ed UnfayOrabIy and
Amended.
Amended.

Senate JudiciaryE Committee was
held yesterday afternoon, at which
several momentous bills were consid-
cred, and fights made over them. one
of which, for the protection of livery
men, was acted upon and reported
unfavorably as being unconstitutional
and afterwards a motion was made
to reconsider the bill, and this action
was taken. Another far reaching
bill was one designed to protect mer-
chants which also called forth
lengthy discussion. This bill was
recommended by the North Carolina
Merchants Association, and was
strongly advocated. An amendment
was attached. and the bill lad over
for future consideration.
Several other bills were passed upon
and some returned to the Senate with
unfavorable reports. Those reported
favorably were recommended unan1-
mously by the committee.
Yesterdays work of the committee
was the hardest it has yet attacked,
and there was a large accumulation
Of bills, but as many as were acted
upon were aid over on account OF the
absence of those who introduced them.
Meeting in Detail.
The following is a detailed report OF
the meeting of the Senate Judiciary
Committee:
Senate Bill. by Webb. To amend
section 1857 of The Code relative TO
the taking of dispositions. 1t provides
that section 1887 of The Code be
amended by adding after the word
..clerk' and before the word deposi-
lions" in line "a of that section, the
following: "Or by any notary puphc,
commissioner of affidavits. clerk OF
the court, judge or any puplic olhcadi
authorized and invested with the pow
err to take and subscribe oaths Inc
bill was reported unfavorably.
Senate Bill So, by Webb. To pro-
feet keepers of livery stables. me
bin was prepared by one of the best
lawyers in Asheville, at the request OF
tho Liyerymen's Association, Mr. Webb
stated: 1t provides that livery stable
proprietors shall have q lien on all
horses and other animals kept and Tea
by them for the amount which may
he due for the keeping and feeding
for such animals, and snail nave the
right to retain possession OF such ami
mails until such amount is fully pa1d
If such amounts are not pald Wlthlh
ten DAYS after they become due. then
such keepers are authorized to sci
the animals at public auction fol
cash. after first advertising the sale
ten days prior, and out or the pro
ceeds to pay for the costs OF the SAFE
the charges for keeping ana teedlAs
the animals, and the surplus. IL any
shall be paid To the owner OIL the am
mails If the owner of the animals
he n resident of the county in which
the sale shall take place, writer
notice must be given him ten days
before the sale. -
There was considerable opposition
to the bill, and in reply 10 antagoh.
istic arguments, Mr.. Webb said thal
when a lien is given by statute IL
is the same as an agreement or a
man giving a chattel mortgage, anC
that this is a statute lien. He said IL
would not sunersede the Homestead
and personal property exemption. Inc
law ne said was in effect In Ala balna
Arkansas, Arizona territory, Caliior'
MIA. Colorado, Delaware. Florida
Georgia. Idaho. Illinois, Indiana. iowa
Kansas. Kentucky. Louisiana, Name
Massachusetts, Michigan. Montana
Nebraska, Nevada. New Hampshire
New Jersey, North and South Dakota
Ohio, Oregon Pennsylvania, Tennes
see, Texas, Vermont. Virginia, WASH
ington. Wisconsin and Wyomihgi
After an extended discussion the bill
was reported unfaVoraDly as peils oil
constitutional.
Senate Bill 7, by Ward To provide
Tor the cancellation of mortgages givo
i'm lieu of bond for appearance IN crl'n'
inal actions or for security of cost
or fine in criminal actions. the oil
was reported favorably.
Senate Bill II, by Wright. nc
amend section 1927 of The Code. Th'
bill provides that this section b.
amended by striking out the wor'
written in line three of that sectioi
after the word any" and by strlkln.
out all of the following words afte
the word "made" in line sixteen, to
Wit This offence shall be punish
able as in the preceding section TIL
section is in regard to persons obtain
ing money upon representation. IN
hill would make it simply a misde
laeanor, and leave the punishment
discretionary with the judge. as on
year in the penitentiary would be to
great for a person representing ina
he had property and would apply IL
a certain purpose.
Mr.. Zollicoffer thought the wor
written" should remain in tn
statute.
Mr. Coke agreed with Mr.. Zollicoffe
that there should be some evidenc
and the word written should re-
Man.
Mir. Elier said the merchants wer
demanding some way in which to col
lect their debts. There is a grea
organization CT merchants in tn
state, and that they are insistan
upon some relief or way to collet
their debts, and. that it is too trouble
some to have the testimony written
so he was In favor of having the wor
written stricken out SO that in cour
verbal testimony would be sufficient.
Mr.. Burton said that to favor
certain class another class should nc
be incarcerated in jail because the
cannot pay debt. 1t is going to
far, he said. for these men who ca
protect themselves if they will, and j
is not best to punish an unfortunat
class of people for the benefit of
more fortunate class.
Mr. Wright said that there was n
opposition TO the clause leaving pur
ishment discretionary with the court
but to the word written" bein
stricken out. As to oppression. h
said there would be none to any per