The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-02-03

SkHtuAfoh TOT the ueaA HiaNeS alu uaHo-
To incorporate the Charlotte Park
and Tree Commission
To repeal act 1901 separating two
school districts in Jackson county.
To repeal C 1898 and ms act
1901 relating TO public roads IN Jackson
swain and Clay counties.
To provide for the faithful perform
ance OF duties by court st~enographers.
BILLS TABLED.
winborne for the committee on judi
ciary. reported unfavorably the bill to
encourage the pure in art. saying which
object was p~raiseworthy but that tho
committee had concluded 1t would be
impossible to enforce the Law. The bin
was tabied.
INTRODUCTION OF Bulls.
Bills were introduced as follows:
To extend and amend act 1886. incot-
rorating Pembroke.
Crisp-To allow Caldwell county tn
sell the old court house.
Crisp-To prevent fast driving over
the bridge at Rhodhiss.
West-To improve roads I'm Cherokee.
Powers-To amend section 1867 OF the
code.
Sledge-For relief Of c. q. Lee. Julia
Lee. Albert Moore and Albert Bigciow
OF Caswell county.
Davis-To change time of holding
court in Haywood.
Butler-To incorporate ~Salernburg.
Sampson county.
McQueen-To amend act 1897 relative
to stock law at Southern Pines
Finney.-To incorporate the Dohson
Railway Company.
A petition was presented by Hutchin-
son from operatives OF the Loray Cot
ton Mills In CASTOR county asking hat
the present labor law be not interferred
with by amendments.
PASSED FINAL READING.
Bills passed final reading to authorize
Winston township TO Issue bonds tn
build a street railway.
To authorize Morganton TO establish
sewerage system.
To amend charter OF sylvia.
To repeal the act OF 1903 relating
to SEEMING of fish In Little River town
ship.
To incorporate the Commercial and
Farmers Bank at Enfield and to allow
it to invest in real estate not over 25
per cent. of its surplus capital.
To authorize the mayor OF South
port to make a deed to Pythagorus
Lodge.
To amend section 1852 OF the code.
To exempt all persons under 81
years of age from working the public
roads in Columbus and Tyreli coun-
ties.
THE HOMESTEAD LAW.
The House took up a bill amending
gactinn eng nf tho rnda raaIffnD fn fhn
Homestead. Biggs, explaining the act.
said il was intended to simplify and
settle as nearly as possible the pres
ent law on the subject. The amend
ment does not change the constitution.
but merely gives an expression OF the
opinion Of the legislature and follows
a unanimous decision of the Supreme
court in the case OF Fleming against
Graham in 1892. 1t provides that
when a Homesteader sells 1t, the hold
er of a Judgment can sell n land on
which the lien had attached. but the
Homesteader can again acquire the
Homestead. 1t Is provided that the
law shall not be retroactive. Winborne
said that for thirty-five years the Su-
preme court had been struggling with
this question and had not succeeded In
settling il. One court to decide one
way and another would give an OPP
posite decision. Chief Justice Clark
had always commended for the con-
struction which this bill placed on the
section. Under the present situation OF
affairs a man could have q homestead
on a thousand tracts OF land and a
Judgment creditor could not get n
penny. Winborne said the Supreme
court after a generation had been un-
able to say what was the law, and had
called on the legislature to tell IL, and
that he felt perfectly willing to do
SO.
Upon objection by Cunningham the
bill went over until Tuesday, after
passing its second reading.
The House adjourned until 1880
Tuesday.
COMMITTEE WORK
The House judiciary committee re-
ported u~nfavorably the bill making II
q misdemeanor TO purchase goods on
assignment Of wages, and fail to pay
according to representation Attor-
ney Norman Johnson of ms Retail
Merchants Association. strongly urgd
the passage OF the bill. declaring IT
had been endorsed by merchants, b
unions, doctors. lawyers and IN
all over the state. The objection urged
to the bill was that 1t was trying to usa
the crimina law to collect debts which
amounted to Imprisonment for debt.
and repeal Of the homestead law for
the wage-earning class. Johnson said
the people were anxious TO have The
homestead law repealed and merchants
would later demand a garnishmcnt
law. He became indignant at what he
called the can courtesy granted him
by the committee, being allowed only
FIVE minutes for speech. The bill was
disposed Of Immediately after his adj
dress. only two or three voting for it
Representative George Butler W. ne
tice OF minority report.
The Senate committee on cities, after
a long discussion pro and con on he
bill which passed the House extending