The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1934-08-17
ASKS ADOPTION
OF NEW STATE
CONSTITUTION
Justice Schenck Tells XII
wants Its Provisions
Are Equitable


the proposed new constitution for
North Carolina was voiced by As
sOciate Justice Michael Schenck
of the North Carolina supreme
court in an address to the Kiwanis
club yesterday afternoon.
Justice Schenck, member of
the commission that drafted the
new instrument, which has been
approved by the legislature and
will be submitted to q vote of the
people, discussed its most impOr-
tant provisions as they would af-
feet existing laws and practices,
and concluded with this appeal:
"The people of Hendersonville
have evidenced great trust in me
in the past by electing me mayor,
solicitor. and superior court Judge,
and then using their influence to
have Governor Ehringhaus call me
TO Raleigh. I urge you to study
the proposed new constitution, but
if You do not do this | ask you to
accept my Judgment that it is
greatly needed and will effect
many just and equitable changes
IN on" state government"
The speaker was presented By
!. f. Shipman. who said he fol
lowed Judge Schcnck in two i'm
nOrtant offices and that "when he
becomes too old to serve on the
supreme court bench | hope to
succeed him there"
T. VI. Franks. vice-president of
the club. presided.
Judge Schenck said during his
address:
''There is an historical reason
why North Carolina should dis
card the Constitution of 1865, UNI
der which. with few consequential
amendments. the State has been
OPERATING for the past siXty-sIv
years. The State was required to
adopt this Constitution as a con-
dition precedent to coming back
into Union, paradoXical as it may
seem. after the War Between the
States had been fought upon the
theory that no State had right
to secede and that therefore North
Carolina was never out of the
Union. All of the illusions to the
War Between the States, in so far
as possible, have been removed
and the proposed Constitution
would be a Constitution written
by and adopted by the people of
North Carolina. The needs of the
State as an industrial one have
been constantly in the minds of
those who have drafted the pro-
posed Constitution as we'll as the
agricultural feature that FREEDOM
mated the present Constitution.
"The proposed Constitution laws
down fundamental principles with
out hampering the legislative pow
er to meet the changing needs of
changing conditions; but at the
same time protects the people
from legislative eXtravagancies
and excuses.
Under the present North Car
DINA Constitution, the poll tax IS
limited to 50 in the case of the
State and 81 in the case of cities
and towns. The income tax is linn
tied to 6 per cent. The total Of
the State and county tax on prop
ertv is limited to Is cents, unless
levied for a special purpose with
the special approval of the gen
eral assembly and-or unless lev
led for the SiX-monthS school term.
All taxation Of property, except
home loans, must be by uniform
rule and or ad valorem basis. The
proposed new Constitution re-
moves all these limitations and
substitutes four new ones:
"(D The taxing power must be
exercised in a just and equitable
manner and only for public pur-
poses; (2) local taxes may only
be levied in accordance with gen.
eral laws and under State super
vision of local budgets and tax
levies; (3) taxes for debt service
are to be diminished by new linn
itations upon the creation of
State and local Indebtedness; and
(4) the governor is given the
veto power over all legislation, in
GLIDING tax laws, not subject to
popular vote. .
"The necessity for removal OF
arbitrary limitations on the tax
ing power of the Legislature, that
is, the removal of the arbitrary
limitations upon the rates of taxes
which might be levied thereby,
was apparent, and to meet this
necessity the proposed Constitu-
ton provides by Section 1, Arti-
Gle V, that the power of taxation
shall be exercised in a just and
equitable manner and that taxes
Continued on page two)