The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-02-01
schools relating TO North Carolina his
tory Education.
Passed Einal Reading.


tory. Education.
| Passed leinal Reading.
To allow CaSweli county TO levy
! special tax.
/ To authorize Dare county to levy a.
Especial tax.
no allow the town of Spencer to Is
Issue bonds. for graded school, electric
| lights. etc.
| To amend the Law of 1908. and TO
Increase the number of trustees of the
Morganton graded school.
| 70 allow Sampson county to issue
bonds and for a special tax.
Special Order.
The bill providing for Il new trial
| in criminal cases for newly discovered
evidence pending IN appeal To the Su-
preme Court, coming up at twelve
/ O'Clock as q special order, there was
Ian extended discussion.
| Graham of Granville, said he was
tmore convinced than ever that this law
| would amount TO an interference with
1.-THE prerogltives of q coordinate
lbrancn of the State government. The
Supreme Court was not III the power,
iof the legislature. The Constitution
liked that principle. The act of the
Legislature could only be persuasive.
and recommendation and not bind
ling. Its rules of practice could not
| be established by the legislature with
4
| In support of this contention Judge
Graham read from the Constitution
Article 4. Section l.. and from the fol-
/ lowing Supreme Court decisions.
pencner vs.. Anderson. s3rd: Hender
son US. Insurance Company. nth,
Horton VS.. CT. 104.
He showed that the Supreme Court
ialrealy had rules of order which pro-
ltectoa Il man who might possibly he
luuiuStlV convicted.
!; The Governor had the pardonin&
lpower, the judges of the Superior
iCourt the power of recommending 10
pardon. and the solicitor the power or
a mol pros or Il suspension of juda-
mont If new trials were allowed for
jnewly discovered evidence, criminal
case of any Importance would never
/ be ended and an offender never pun
! ished. All that a lawyer would have
| to do, would be on conviction of Lis
client, to take an appeal, get some new
ievidence that had not been used on
the trial and get another trial. This
/ could go on Indefinitely and the de-
/ PENDANT could die of old age or get IN
facquittal in some of the numerous
Inew trials ana never suffer any pun
:ishmcnt.
Judge Winborne patron of the bill
said that he disagreed entirely with
Judge Graham. He said the Legislature
/ had Il clear right To say when the
| rights of the citizens of the state
| should be protected and this Bill Was
a protection TO the right, the liberties
and the lives of private citizens. The
Supreme court had always put its
! decisions on the absence Of any pow
en- in it to grant a new trial for newly
| discovered evidence in criminal cases.
land the bill under consideration sim
ply proposed To give the court that
power.
Judge Winborne then read from sew
erai opinions of the Supreme court in
which il passed the denial OF q new
trial i'm criminal cases on the absence
of any power in the court. He quoted
cases against Gooch, Starnes, Jones.
and others i'm the reports to establish
mis- proposition. He quoted an eX-
preston Of the court, which referred
TO the rule denying q now trial not only
/ from the power to do SO. but from "a
century of Legislative acquiescense
Judge Winborne said his bill proposed
10 make n legislative declaration and
give the court the power it did not
say that the Legislature had taken
1.-The power away and if that were true
the present bill simply proposed TO
confer the power again. Concluding
Judge Winbofne said that old Draco
wrote his laws iii blood and he VAS
1
taken by Judge Graham and to be
taken by Mr.. Biggs, of Durham. who
would follow him in opposition 10
the bill was q blood thirsty one, and
lie woulc refer then. To that fine old
passage in Burns:
Mans inhumanity to man
Makes countless thousands mourn.
Mr.. Biggs said the bill passed the
! -oI w h1 rg inrifN
ped of all verbage the bill simply
meant Il declaration by the LegiSia
ture TO the supreme court that its
members were rot doing their duty or
conducting their proceedings properly.
The bill was an attempt 20 regulate
the practice proceedings and rules Of
the Supreme court after q case came
before it on appeal. He declared this
unconstitutional and read sections OF
1.-THE Constitution defining the iurisdc-
: ton and powers of the Executive,
Judicial and Legislative branches of
the government and from Supreme
court decisions, State and Federal, to
sustain his position.
| Murphy, of Buncombe in advocat-
ing the bill Said that the courts of
the present day had autocratic power:
the power to declare void acts of
legislatures and of Congress and by
judicial construction TO make laws
never intended by the law-making
ipower. The courts would give new
trial involving a few dollars but not in
a case involving q human life and
human blood. He declared that the
ltime would come when members would
realize that this bill should have be-
come law.
! In advocating the hill Robertson. oil
Guilford. said it VAS not surprising
that it required the skill OF lawyers
skilled in legal technicalities and spe-
cial pleadings. like Graham end Biggs
to find flaws in ii, or the principles I'M
derlying it, He said if there was nc
other reason for passing this law thar
for The purpose OF shifting the respon-
sibility from the supreme court TO the
Legislature. that would be reason
, enough. He read from State agains
. Council in which the court said i
had no power in new trials i'll crimi.
nal cases because the Legislature mac
taken it away. Referring to the claim
| OF cncroachment on the rights of
coordinate branch of the State gov.
eminent he cited several statutes o
other States laying down rules for tn,
supreme court. He declared that will