Journal of the Senate of the General Assembly of the State of North Carolina at its session of ... [serial]
North Carolina. General Assembly. Senate
)ui*+\ R <hT**— » LIBRARY OF THE UNIVERSITY OF NORTH CAROLINA, Endowed by the Dialectic a ALCOVE nd Philanthropic Societies. SHELF UNIVERSITY OF N.C. AT CHAPEL HILL 00033990726 FOR USE ONLY IN THE NORTH CAROLINA COLLECTION Form No. A-368, Rev. 8/95 Digitized by the Internet Archive in 2011 with funding from Ensuring Democracy through Digital Access (NC-LSTA) http://www.archive.org/details/journalofsenateo1881nort JOURNAL OF THE SENATE OF THE eneral Assembly OF THE State of North Carolina, AT ITS SESSION of 1881. RALEIGH : News & Observer, State Printers and Binders. 1881. SENATE JOURNAL SESSION 1881. FIRST DAY. Senate Chamber, Raleigh, N. C, January 5th, 1881. In accordance with law, the General Assembly of North Carolina convened at the Capitol in the City of Raleigh, at 12 m., on this the 5th day of January, A. D. 1881. Robt. M. Furman, Secretary elected by the last Senate, called the Senate to order. Thereupon the following Senators-elect presented their credentials, and were qualified, the oath of office being ad- ministered by the Hon. John A. Gilmer, Judge of the Fifth Judicial District of North Carolina : 1st District- -W. H. Manning. 2d a J. T. Respass. 3d « Sam'l G. Newsom. 4th u Spier Whitaker. 5th ti W. P. Williamson. 6th ti German Bernard. 7th it W. S. Harris, J. S. Battle. 8th it W. E. Clarke. 9th a Robt. H. Jones. 10th it W. T. Dortch, A. M. Faison 11th tt R. W. King. 12th (( H. E. Scott. 14th it John A. Oates. 15th (i V. V. Richardson. SENATE JOURNAL. [Session * 16th District — John Blue. 17th 1C J. J. Harper. 18th M R. W. Wynne. 19th a H. Carter. 20th u J. W. Cunningham, 21st u. W. K. Jenkins. 22d it A. H. Merritt. 23d u H. R. Scott. 24th K J. N. Staples, B. F. Mebane. 25th a 0. W. Carr. 26th U Oscar J. Spears. 27th ft J. A. Lockhart. 28th ■ a A. Foil. 29th (6 Armstead BurwelL 32d i( W. B. Glenn. 34th a Tyre York, T. S. Tucker. 36th a J. C. Newland, J. G. Gudger. 37th u S. M. Finger. 38th u Jasper Stowe. 39th it J. B. Eaves. 40th u T. F. Davidson. 41st a J. P. Dever. 42d (( B. K. Dickey. When the Thirty-third District was called, Mr. H. C. Hampton, of Yadkin, presented a paper-writing certified by the sheriff thereof, one of the returning officers for said Dis- trict ; and Mr. J. M. Brower, of Surry, presented a paper- writing certified by the Sheriff thereof, also one of the re- turning officers of said District ; neither of which constitut- ing a legal certificate, in accordance with law, both were de- clined to be accepted by the Secretary. The Secretary announced a quorum present, and the Sen- ate ready to proceed with its organization. The Senate then proceeded to the election of a President ro tempore. 1881.] SENATE JOURNAL. 5 Mr. Staples placed in nomination Hon. W. T. Dortch, of Wayne. Mr. Scott of New Hanover placed in nomination Mr. Os- car Spears, of Montgomery. Mr. Glenn, and Mr. Williamson of Edgecombe, were re- quested to act as tellers. The following Senators voted for Mr. Dortch : Messrs. Battle, Bernard, Blue, Burwell, Cunningham, Da- vidson, Dever, Dickey, Faison, Finger, Foil, Glenn, Gudger, Harper, Harris, Jones, Lockhart, Manning, Mebane, Mer- ritt, Newlahd, Oates, Respass, Richardson, Scott of Rocking- ham, Staples, Stowe, Tucker, Whitaker and York — 30. The following Senators voted for Mr. Spears : Messrs. Carter, Clarke, Eaves, King, Newsom, Scott of New Hanover, Williamson of Edgecombe and Wynne — 8. Mr. Dortch voted for Mr. Staples. Mr. Spears voted for Mr. >Eaves. Mr. Dortch was declared duly elected. Mr. Staples and Mr. Scott of New Hanover escorted the President pro tempore to the Chair. The President pro tempore announced the next business in order was the election of a Secretary of the Senate. Mr. York placed in nomination Robt. M. Furman, of Buncombe. Mr. York and Mr. Whitaker were appointed tellers. The following Senators voted for Mr. Furman : Messrs. Battle, Bernard, Blue, Burwell, Carr, Clarke, Cun- ningham, Davidson, Dever, Dickey, Dortch, Faison, Finger, Foil, Glenn, Gudger, Harper, Harris, Jenkins, Jones, King, Lockhart, Manning, Mebane, Merritt, Newland, Oates, Res- pass, Richardson, Scott of New Hauover, Scott of Rocking- ham, Spears, Staples, Stowe, Tucker, Whitaker, Williamson of Edgecombe, Wynne, York — 39. Mr. Furman was declared duly elected Secretary. The election of a Reading Clerk being next in order, 6 SENATE JOURNAL. [Session Mr. Richardson nominated Mr. John H. Small of Beau- fort. Mr. Clarke and Mr. Richardson were appointed tellers. The following Senators voted for Mr. Small : Messrs. Battle, Bernard, Blue,Burwell, Carr, Carter, Clarke, Cunningham, Davidson, Dever, Dickey, Dortch, Faison, Finger, Foil, Glenn, Gudger, Harper, Harris, Jenkins, Jones, King, Lockhart, Manning, Mebane, Merritt, Newland, Oates, Respass, Richardson, Scott of New Hanover, Scott of Rock- ingham, Spears, Staples, Stowe, Tucker, Whitaker, William- son of Edgecombe, Wynne and York — 40. Mr. Small was declared duly elected. The oath of office was administered to the Secretary and Reading Clerk. The election of an Engrossing Clerk being in order, Mr. Bernard nominated Mr. J. S. Tomlinson of Catawba. Mr. Bernard and Mr. Scott of Hanover, were appointed tellers : The following Senators voted for Mr. Tomlinson : Messrs. Battle, Bernard, Blue, Burwell, Carr, Carter, Clarke, Cunningham, Davidson, Dever, Dickey, Dortch, Fai- son, Finger, Foil, Glenn, Gudger, Harper, Harris, Jenkins, Jones, King, Lockhart, Manning, Mebane, Merritt, New- land, Newsom, Respass, Richardson, Scott of Rockingham, Spears, Staples, Stowe, Tucker, Whitaker, Wynne and York— 38. Mr. Tomlinson was declared elected. The Senate proceeded to elect a Principal Doorkeeper. Mr. York nominated Mr. W. V. Clifton. Mr. York and Mr. Wynne were appointed tellers. The following Senators voted for Mr. Clifton : Messrs. Battle, Bernard, Blue, Burwell, Carr, Carter, Clarke, Cunningham, Davidson, Dever, Dickey, Dortch, Eaves, Faison, Finger, Foil, Glenn, Gudger, Harper, Har- ris, Jones, King, Lockhart, Manning, Mebane, Merritt, New- land, Newsom, Oates, Respass, Richardson, Scott of New 1881.] SENATE JOURNAL. 7 Hanover, Scotj; of Rockingham, Spears, Staples, Stowe, Tucker, Whitaker, Williamson of Edgecombe, Wynne and York— 41. Mr. Clifton was declared elected. The oath of office was administered to the Engrossing Clerk and Doorkeeper. BILLS AND RESOLUTIONS. The following resolution was introduced : By Mr. Davidson, a resolution to appoint a committee on Rules. Adopted. The President pro tempore appointed as said committee, Messrs. Davidson, Lockhart and Clarke. On motion of Mr. Richardson, a message was ordered to be sent to the House of Representatives informing that hon- orable body that the Senate was duly organized, and ready to proceed with business. v On motion of Mr. York, the Senate adjourned until to- morrow morning at 11 o'clock. SECOND DAY. Senate Chamber, January 6th, 1881. The Senate met pursuant to adjournment. Prayer by Rev. Dr. Burkhead. The Journal of yesterday was read and approved. MESSAGES FROM THE HOUSE OF REPRESENTATIVES. A message was received from the House of Representa- 8 SENATE JOURNAL. [Session tives informing the Senate of the organization of that hon- orable body; and proposing the appointment of a Joint Committee to wait upon his Excellency the Governor, and notify him of the organization of the General Assembly. The proposition of the House was concurred in ; and Messrs. Lockhart, Spears and Carr were appointed as the Senate branch of said committee. Mr. Hanes, Senator elect from Davidson, and Mr. Wil- liamson, Senator elect from Davie, presented their creden- tials, and were duly qualified. The Senate proceeded to elect an Assistant Doorkeeper. Mr. York placed in nomination Mr. D. McMathewson, of Alexander. Mr. Scott of New Hanover placed in nomination Mr. A. V. Horrell, of Pender. Messrs. York and Scott of New Hanover were appointed tellers. The following Senators voted for Mr. Mathewson : Messrs. Battle, Bernard, Blue, Burwel], Carr, Cunningham , Davidson, Dickey, Dortch, Faison, Foil, Glenn, Gudger, Harper, Harris, Jenkins, Jones, Lockhart, Manning, Mebane, Merritt, Newland, Oates, Richardson, Scott of Rockingham, Staples, Stowe, Tucker, Whitaker, Williamson of Davie and York— 31. Those voting for Mr. Horrell were : Messrs. Clarke, Hanes, King, Newsom, Scott of New Han- over, Spears and Williamson of Edgecombe — 7. Mr. Mathewson was declared elected, took the oath of office, and entered upon his duties. MEMORIALS AND PETITIONS. Petitions were presented as follows, and placed upon the Calendar: By Mr. Williamson of Edgecombe, petition of citizens of 1881.] SENATE JOURNAL. 9 Edgecombe, asking the repeal of so much of chapter 232, acts of 1879, as relates to Draughan's church in Edgecombe county ; By Mr. Clarke, petition of A. J. Jackson, asking to be allowed to contest the seat of the Senator from Halifax ; Petition for a no-fence law in a portion of Craven county. REPORTS FROM SELECT COMMITTEES. From Select Committee on Rules : By Mr. Davidson, the following Rules for the government of the Senate : s ORDER OF BUSINESS. 1. The President having taken the Chair at the hour to which the Senate shall have adjourned, and a quorum being present, the Journal of the preceding day shall be read, to the end that any mistakes therein may be corrected. 2. After the reading and approval of the Journal, the order of business shall be as follows: 1. The presentation of Petitions. 2. Reports of Standing Committees. 3. Reports of Select Committees. 4. Messages from the House of Representatives. 5. Introduction of Bills and Resolutions. Jo. Unfinished Business of Preceding Day. 7. Special Orders. 8. General Orders : first, bills and resolutions on third reading ; second, bills and resolutions on second reading ; but messages from the Governor and House of Representa- tives, and communications and reports from State Officers and reports from the Committee on Engrossed Bills and Enrolled Bills, may be received and acted on under any order of business. 10 SENATE JOURNAL. [Session POWERS AND DUTIES OP THE PRESIDENT. 3. The President shall appoint all committees, unless otherwise ordered by the Senate. 4. He shall have the right to name any member to per- form the duties of the Chair, who is hereby vested, during such time, with all the powers of the President, except that of giving a casting vote in case of a tie, when he shall have voted as a Senator; but his power as such substitute shall not continue for a longer period than two days without leave of the Senate. 5. He shall assign to doorkeepers their respective duties and stations. OF THE CLERK. 6. The President and Clerk of the Senate shall see that all bills shall be acted upon by the Senate in the order in which they stand upon the Calendar, unless otherwise or- dered as hereinafter provided. The Calendar shall include the number and title of bills and joint resolutions which have passed the House of Representatives and been received by the Senate for concurrence. 7. He shall certify the passage of bills by the Senate, with the date thereof, together with the fact whether passed by a, vote of three-fifths or two-thirds of the Senate whenever such vote may be required by the Constitution or laws of this State. OP THE RIGHTS AND DUTIES OP SENATORS. 8. Every Senator presenting a paper shall indorse the same ; if a petition, memorial, or report to the General As- sembly, with a brief statement of its subject or contents, adding his name ; if a resolution with his name ; if a report of a committee, a statement of such a report, with the name 1881.] SENATE JOURNAL. 11 of the committee and member making the same; if a bill, a statement of its title, with his name. ' 9. All motions shall be reduced to writing if desired by the President or any Senator, delivered in at the table, and read by the President or Clerk, before the same shall be de- bated ; but any such motion may be withdrawn at any time before decision or amendment. 10. If any question contains several distinct propositions, it shall be divided by the President, at the request of any Senator : Provided, each sub-division, if left to itself, shall form a substantive proposition. 11. No member shall speak to another, or otherwise in- terrupt the business of the Senate, or read any newspaper while the Journals or public papers are being read ; when the President is putting a question, or a division by count- ing shall be had, no Senator shall walk out of or across the house, nor when a Senator is speaking, pass between him and the President. 12. Every Senator wishing to speak or debate, or to pre- sent a petition or other paper, or to make a motion or re- port, shall rise from his seat and address the President, and shall not proceed further until recognized by him. No Senator shall speak more than twice nor longer than thirty minutes on the same day on the same subject, without leave of the Senate ; and when two or more Senators rise at once, the President shall name the Senator who is first to speak. 13. Every Senator who shall be within the bar of the Sen- ate when a question is stated by the Chair, shall vote there- on unless he shall be excused by- the Senate, or unless he be directly interested in the question ; and the bar of the Sen- ate shall include so much of the body of the Senate Cham- ber as is within the columns. 14. When a motion to adjourn, or for recess, shall be af- firmatively determined, no member or officer shall leave his 12 SENATE JOURNAL. [Session place till adjournment or recess shall be declared by the .President. STANDING COMMITTEES. 15. Standing Committees, consisting, unless otherwise or- dered, of seven members, except the Committee on Judiciary which shall be composed of ten (10) Senators, shall be ap- pointed by the President on the following subjects: 1. On Propositions and Grievances. 2. On Privileges and Elections. 3. On Claims. 4. On Judiciary. 5. On Internal Improvements. 6. On Education. 7. On Military Affairs. 8. On Agriculture, Mechanics and Mining. 9. On Banks and Currency. 10. On Corporations. 11. On Finance. 12. On Insurance. 13. On Penal Institutions. 14. On State Debt. 15. On Salaries and Fees. 16. On Engrossed Bills. 17. On Deaf, Dumb and Blind Asylum. 18. On Insane Asylum. 16. The Committee on Engrossed Bills shall examine all bills, amendments and resolutions before they go out of the possession of the Senate, and make report when they find them correctly engrossed. 17. Every report of the Committee upon a bill or resolu- tion which shall not be considered at the time of making the same, or laid on the table by a vote of the Senate, 1 881 .] SENATE JOURNAL. 18 shall stand upon the General Orders with the bill or reso- lution. OF GENERAL ORDERS AND SPECIAL ORDERS. 18. Any bill or other matter may be made a Special Or- der for a particular day or hour by a vote of a majority of the Senators voting, and if it shall not be completed on that day, it shall be returned to its place on the Calendar, unless it shall be made a Special Order for another day; and when a Special Order is under consideration, it shall take precedence of any Special Order or a subsequent Order for the day ; but such subsequent Order may be taken up immediately after the previous Special Order has been dis- posed of. 19. Every bill shall receive three readings previous to its being passed, and the President shall give notice at each, whether it be the first, second or third. After the first read- ing, unless a motion shall be made by some Senator, it shall be the duty of the President to refer the subject matter to an appropriate committee. No bill shall be amended until it shall have been twice read. PROCEEDINGS WHEN THERE IS NOT A QUORUM VOTING. 20. If, on taking the question on a bill, it shall appear that a constitutional quorum is not present, or if the bill require a vote of a certain proportion of all the Senat'ors to pass it, and it appears that such a number is not present, there shall be a call of the Senate, and if a quorum is ascer- tained to be present, the bill shall be again read and the question taken thereon ; if the bill fail a second time for the want of a quorum, or for the want of the necessary num- ber being present and voting, the bill shall not be finally lost, but shall be returned to the calendar in its proper order. 14 SENATE JOURNAL. [Session PRECEDENCE ON MOTION. 21. When a question is before the Senate, no motions shall be received, except those herein specified ; which mo- tions shall have precedence as follows, viz : 1. For an adjournment. 2. For the Previous Question. 3. For a Recess. 4. To Lay on the Table. 5. To Postpone Indefinitely. 6. To Postpone to a Day Certain. 7. To Commit to a Standing Committee. 8. To Commit to a Select Committee. 9. To amend. THE PREVIOUS QUESTION. 22. The previous question shall always be as follows : " Shall the main question be now put ? " and until it is de- cided shall preclude all debate. If this question shall be decided in the affirmative, the " main question " shall be on the passage of the bill, resolution or other matter undei consideration ; but when amendments are pending, the ques- tion shall be first taken upon such amendments in theii order without further debate. If such question be decided in the negative, the main question shall be considered a; remaining under debate. OTHER QUESTIONS TO BE TAKEN WITHOUT DEBATE. 23. The motions to adjourn and lay on the table shall b decided without debate, and the motion to adjourn shal always be in order when made by a Senator entitled to th. floor. 1881.] SENATE JOURNAL. 15 24. The respective motions to postpone to a day certain or commit, shall preclude debate on the main question. 25. All questions relating to the priority of business shall be decided without debate. 26. When the reading of a paper is called for, except pe- titions, and the same is objected to by any Senator, it shall be determined by a vote of the Senate without debate. 27. Any Senator requesting to be excused from voting may make, either immediately before or after the vote shall have been called, and before the result shall have been an- nounced, a brief statement of the reasons for making such request, and the question shall then be taken without de- bate. QUESTIONS THAT REQUIRE A TWO-THRIDS VOTE. 28. No bill or resolution on its third reading shall be acted on out of the regular order in which it stands on the calendar, and no bill or resolution shall be acted upon on its third reading the same day on which it passed its second reading, unless so ordered by a vote of two-thirds of the Senators present. 29. No bill or resolution shall be sent from the Senate on the day of its passage, except on the last day of the session, unless otherwise ordered. DECORUM IN DEBATE. 30. No remark reflecting personally upon the action of any Senator shall be in order in debate, unless preceded by a motion or resolution of investigation or censure. 31. When a Senator shall be called to order, he shall take his seat until the President shall have determined whether he was in order or not; if decided to be out of order, he shall not proceed without the permission of the Senate, and every question of order shall be decided by the President, subject 16 SENATE JOURNAL. [Session to an appeal to the Senate by any Senator, and if a Senator be called to order for words spoken, the exceptional words shall be immediately taken down in writing, that the Presi- dent or Senate may be better enabled to judge of the matter. MISCELLANEOUS KULES. 32. When a blank is to be filled, and different sums or time shall be proposed, the question shall be first taken on the highest sum or the longest time. • 33. When a question has been once put and decided, it shall be in order for any Senator who shall have voted in the majority, to move a reconsideration thereof; but no mo- tion for the reconsideration of any vote shall be in order after the bill, resolution, message, report, amendment or motion, upon which the vote was taken, shall have gone out of the possession of the Senate. Nor shall any motion for reconsideration be in order unless made on the same day, or the next following legislative day on which the vote pro- posed to be reconsidered shall have taken place. Nor shall any question be reconsidered more than once. 34. All bills and resolutions shall take their place upon the calendar according to their number, and shall be taken up in regular order unless otherwise ordered. 35. No smoking shall be allowed within the Senate Cham- ber during the sessions. 36. Senators and visitors shall uncover their heads upon entering the Senate Chamber while the Senate is in session, and shall continue uncovered during the continuance in the Chamber. 3.7. No Senator or officer of the Senate shall depart the service of the Senate without leave, or receive pay as a Sen- tor or officer for the time he is so absent without leave. 38. No person other than the Executive and Judicial offi- cers of the State, members and officers of the Senate and House of Representatives, unless on invitation of the Presi- 1881.] SENATE JOURNAL. 17 dent, or by a vote of the Senate, shall be admitted within the bar. :t;39. No rule of the Senate shall be altered, suspended or rescinded without a vote of a majority of all the Senators elected ; and no motion to suspend shall embrace more than one rule, or relate to any other subject than the one speci- fied in said motion. 40. In case a less number than a quorum of the Senate shall convene, they are authorized to send the door keeper or any other person, for any or all absent Senators, as the majority of Senators present shall determine. 41. The yeas and nays upon any question shall be taken and entered upon the Journal upon demand of one-fifth of the Senators present. The report of the committee was, on motion of Mr. Ber- nard, adopted. MESSAGE FROM THE HOUSE OF REPRESENTATIVES. A message was received from the House, informing the Senate that that honorable body had appointed as the House branch of the joint committee to wait upon His Excellency the Governor, -Messrs. Rowland, Boykin, Brown of Rowan Page and Davis of Madison. Mr. Davidson introduced a joint resolution raising a joint committee on Rules, which was adopted, and Messrs. David- son, Lockhart and Clarke were appointed as the Senate branch of said committee. BILLS AND RESOLUTIONS. Bills and resolutions were introduced, read the first timej. and disposed of as follows : By Mr. York : S. R. 1, resolution raising a joint select committee on employees of the General Assembly. Placed, upon the Calendar. 2 18 SENATE JOURNAL. [Session By Mr. Staples : S. R. 2, resolution to provide for .the cod- ification of the Public Laws. Placed upon the Calendar. By Mr. Clarke : S. ^>. 3, bill for the protection of crops in Craven county. Placed upon the Calendar. S. B. 4, bill to protect diamond-back ter- rapins in the waters of North Carolina, and to regulate the catching of the same. Placed upon the Calendar. By Mr. Harper : S. B. 5, bill authorizing the Treasurer of Johnston county to pay certain school orders. Placed upon the Calendar. By Mr. Clarke : S. B. 6, bill to amend the charter of the <city of Newbern. Placed upon the Calendar. By Mr. Scott of New Hanover: S. R. 7, resolution to provide for a commission to investigate the matter of the sale and transfer of the Western North Carolina Railroad. Placed upon the Calendar. By Mr. Glenn : S. B. 8, bill to punish any one for destroy- ing or defacing the registration of deeds and other papers. Placed upon the Calendar. By Mr. Harper : S. B. 9, bill to amend section 30, chapter 105, Battle's Revisal, in relation to fees of witnesses in at- tendance upon magistrates' courts. Placed upon the Cal- endar. By Mr. Whitaker : S. B. 10, bill to regulate the sessions of the Supreme Court. Placed upon the Calendar. Mr. Harris introduced a resolution directing the Secretary of the Senate to request the clergy of the city to attend and open the daily sessions of the Senate with prayer. Adopted. Mr. Lockhart, of committee to wait on His Excellency the Governor, reported it would be the pleasure of His Excellency to communicate with the General Assembly at the hour of 12, to-day. 1881.] SENATE JOURNAL. 19 STANDING COMMITTEES. The President pro tempore announced the following stand- ing committees: On the Judiciary : Mr. Davidson, chairman ; Messrs. Staples, Whitaker, Tucker, Clarke, Lockhart, Burwell, Spruill, Williamson of Davie, Scott of Rockingham. On Internal Improvements : Mr. Staples, chairman ; Messrs. Richardson, King, Dickey, Burwell, Manning, York. On Propositions and Grievances: Mr. Battle, chairman; Messrs. Glenn, Woodhouse, Jones, Parish, McMillan, Eaves. On Corporations: Mr. Lockhart, chairman; Messrs. Scott of Rockingham, Faison, Williamson of Edgecombe, Harper, Stowe, Hanes. Mr. York moved that Mr. H. C. Hampton, the claimant of the seat of Senator from the 33d Senatorial district, be admitted and qualified. Mr. Scott, of New Hanover, moved the matter be referred to the committee on Privileges and Elections. On division, the motion to refer was lost, ayes 14, noes 21. The motion of Mr. York was then adopted, and Mr. Hampton took the oath of office and was seated. On motion of Mr. Staples, the papers of Mr, J. M. Brower, claiming a seat as Senator from the 33d Senatorial district, were referred to the committee on Privileges and Elections. CALENDAR. Bills and resolutions upon the Calendar were taken up and disposed of as follows : S. R. 1, resolution raising a joint select committee on the employees of this General Assembly, was adopted and or- dered sent to the House of Representatives without engross- ment. Mr. Davidson (by consent) introduced a resolution author- 20 SENATE JOURNAL. [Session izing the President pro tempore to appoint four pages for the Senate. Adopted, and L. P. Vaughan, Clarence Busbee, Henry W. Miller and Codie Hood were appointed. Mr. Williamson of Edgeconbe, (by consent) introduced S. R. 11, resolution toi improve the heating arrangement of the Senate chamber. On motion of Mr. Williamson of Edgecombe, the rules- were suspended, the resolution was adopted, and ordered sent to the House of Representatives without engrossment. On motion of Mr. Tucker, the Senate took recess for fif- teen minutes. The Senate was called to order. A message was received from the House of Representa- tives, transmitting a message from His Excellency the Gov- ornor, with accompanying documents, and proposing to print the same. On motion of Mr. Mebane, the reading of the message was dispensed with, and the proposition of the House to print was concurred in. A message was received from the House of Representa- tives, announcing the appointment, as House Branch of Joint Committee on Rules, of Messrs. Vaughan, Carter, Rose, Blaisdell, and Bledsoe. Mr. Davidson moved that the regular hour for the meet- ing of the Senate shall be eleven o'clock a. m., until further ordered. Adopted. On motion of Mr. Finger, the Senate adjourned. 1881.] SENATE JOURNAL. 21 THIRD DAY. Senate Chamber, January 7th, 1881. The Senate met pursuant to adjournment. Prayer by Rev. Mr. Gwaltney. The Journal of yesterday was read and approved. STANDING COMMITTEES. The President pro tempore announced the following Stand- ing Committees : On Finance: Mr. Richardson, chairman; Messrs. New- land, Oates, King, Burwell, Hampton, Finger. On Banks and Currency: Mr. Cunningham, chairman; Messrs. Spruill, Williamson of Edgecombe, Davidson, Har- ris, Jenkins, Hampton. On Stats Debt : Mr. Finger, chairman ; Messrs. Richard- son, Harris, Cunningham, Hanes, Blue, Bernard. On Privileges and Elections : Mr. Respass, chairman ; Messrs. Harris, Lockhart, Gudger, Dever, Richardson, Spears. On Insane Asylums : Mr. York, chairman; Messrs. Me- bane, Woodhouse, Burwell, Carter, Harris, Gudger. On Asylum for the Deaf, the Dumb and the Blind : Mr. Me- bane, chairman ; Messrs. Harris, Manning, Newsom, Faison, Scott of New Hanover, Davidson. On Penal Institutions: Mr. Whitaker, chairman; Messrs. Woodhouse, Williamson of Edgecombe, Scott of New Han- over, Foil, Mebane, Parish. On Education : Mr. Merritt, chairman ; Messrs. Carr, Fin- ger, Hanes, Newsom, Harper, Dickey. On Salaries and Fees: Mr. Oates, chairman; Messrs. Tucker, Jones, Pridgen, Scott of Rockingham, Williamson of Davie, Newland. 22 SENATE JOURNAL. [Session On Agriculture, Mechanics and Mining : Mr. Harper, chair- man ; Messrs. Battle, Manning, Stowe, Faison, Cunningham, Tucker. On Insurance : Mr. Spruill, chairman ; Messrs. Clarke, Scott of New Hanover, Gudger, Dickey, Stowe, Hampton. On Engrossed Bills: Mr. Carr, chairman ; Messrs. Ber- nard, Spears, Hanes, Foil, Scott of Rockingham, Tucker. On Claims: Mr. Glenn, chairman; Messrs. Oates, Blue, "Wynne, Jenkins, Dever, Pridgen. On Military Affairs : Mr. Stowe, chairman ; Messrs. Ber- nard, Scott of New Hanover, Carter, Hampton, Gudger, Jones. BILLS AND RESOLUTIONS. Bills and resolutions were introduced, read first time> and disposed of as follows: By Mr. York: S. R. 12, resolution in regard to counting the votes for Governor and other officers. Placed upon the Calendar. S. R. 13, resolution for the relief of A. M. Church of Wilkes county. Placed on the Calendar. By Mr. Williamson of Edgecombe : S. B. 14, bill to amend chapter 141, acts of 1879, and to restore to the people of the State the election of justices of the peace and county com- missioners. Referred to the committee on Judiciary. By Mr. Staples: S. B. 15, bill to amend the constitution of North Carolina in relation to the Public School Fund. Referred to the committee on Education. S. B. 16, bill to amend the constitution of North Carolina in relation to taxation. Referred to the committee on Ju- diciary. S. B. 17, bill to amend section 31, chapter 17, Rattle's Re- visal, in relation to the statute of limitations. Referred to the committee on Judiciary. S. B. 18, bill to provide special jurors in capital cases_ Referred to the committee on Judiciarv. 1881.] SENATE JOURNAL. 23 S. B. 19, bill to incorporate Oak Ridgo Institute. Re- ferred to the committee on Corporations. By Mr. Williamson of Davie: S. B. 20, bill to repeal chapter 24, acts Special Session, 18S0. Referred to the com- mittee on Judiciary. By Mr. Harper: S. B. 21, bill to make the use of lan- guage calculated and intended to bring about a breach of the peace a misdemeanor. Referred to the committee on Judiciary. By Mr. Clarke : S. B. 22, bill to regulate the size of the meshes of drag-nets and seines to be used in the waters of the Neuse and Trent rivers, and their tributaries. Refer- red to the committee on Propositions and Grievances. By Mr. Finger: S. B. 23, bill to secure the better drainage of the low-lands in North Carolina. Referred to the com- mittee on Propositions and Grievances. By request, S. B. 24, bill to prohibit the sale of intoxicating liquors in one mile of a public school-house. Referred to the com- mittee on Education. By Mr. Newland : S. B. 25, bill for the relief of the sure- ties of Robert H. McCall, late sheriff of Caldwell county. Referred to the- committee on Propositions and Grievances. By Mr. Williamson ot Edgecombe: S. B. 26, bill to repeal so much of chapter 232, acts of 1879, as relates to Draughan's school-house and church in Edgecombe county. Referred to the committee on Propositions and Grievances. By Mr. Scott of New Hanover: S. B. 27, bill to amend section one, chapter six, Private Acts of 1870-71. Referred to the committee on Propositions and Grievances. By Mr. Tucker : S. B. 28, bill to change the rules for taking depositions and to amend section 343, of chapter 17, Battle's Revisal. Referred to the committee on Judiciary. By Mr. Burwell.: S. B. 29, bill to allow both parties to offer evidence in an application for continuance. Referred to the committee on Judiciary. 24 .SENATE JOURNAL. [Sessio n S. B. 30, bill to amend section 10, chapter 43, Battle's Re- visal. Referred to the committee on the Judiciary. S. B. 31, bill to remove suits and other proceedings from clerks who are interested therein, or related to the parties. Referred to the committee on Judiciary. By Mr. Williamson of Edgecombe: S. R. 32, resolution to enquire into the official conduct of David Shenck, Judge, &c, at the late term of the Superior Court of Pamlico county. Placed upon the calendar. REPORT FROM JOINT SELECT COMMITTEE: Mr. Davidson, from Joint Select committee on Rules, re- ported the following JOINT RULES OF ORDER. 1. Each House shall transmit to the other all papers on which any bill or resolution shall be forwarded. 2. When a bill or resolution which shall have passed in one House shall be rejected in the other, notice thereof shall be given to the House in which the same may have passed. 3. Messages from one House to the other, shall be com- municated by their clerks respectively, unless the House transmitting the message shall specially direct otherwise. 4. It shall be in the power of either House, to amend any amendment made by the other, to any bill or resolution. 5. In every case of difference between the two houses, upon any subject of legislation, either House may request a con- ference, and appoint a committee for the purpose, and the other shall also appoint a committee to confer. The com- mittee shall meet at such time and place as shall be appointed by the chairman of the committee, on the part of the House requesting such committee. The conferees shall state to each other verbally, or in writing, as either shall choose, the 1881.] SENATE JOURNAL. 25 views of their respective Houses, and confer freely thereon. The committee shall report in writing, and shall be author- ized to report such modifications or amendments as they may think advisable. But no committee on conference shall consider or report on any matters, except those directly at issue between the two Houses. The papers shall be left with the conferees of the House assenting to such conference, and they shall present the report of the committee to their house; when such House shall have acted thereon, they shall transmit the same and the papers relating thereto to the other with a message certifying its action thereon. 6. It shall be in order for either House to recede from any subject matter of difference existing between the two Houses, at any time previous to conference, whether the papers on which such difference arose are before the House receding formally or informally, and on such vote to recede the same number shall be required to constitute a quorum to act thereon and to assent to such receding, as was required on the original question out of which the difference arose. 7. All joint committees of the two Houses, and all com- mittees of conference shall consist of three Senators and five members of the House of Representatives, unless otherwise specially ordered by concurrent resolution. 8. There shall be printed on joint order, unless otherwise specified, two hundred and twenty copies of all messages from the Governor, all reports of standing or select commit- tees, and all reports or communications made in pursuance of law. 9. When the same document shall, by separate orders, be directed to be printed by both Houses, it shall be regarded as but one joint order, unless otherwise expressly directed by either House. 10. The Clerk of each House shall receive from the Pub- lic Printer all matter ordered by their respective Houses, and shall keep a book and enter therein the time of recep- tion by him, of every such bill or document, and the num.- 26 SENATE JOURNAL. [Session ber of copies received, and shall cause each and any of such bills or documents to be immediately placed upon the desks of the members. 11. The two hundred and twenty copies of messages from the Governor, reports of committees, and reports or commu- nications made in pursuance of law, ordered' to be printed by section eight, shall be distributed as follows : to the Sen- ate, seventy copies ; to the House of Representatives, one hundred and fifty copies. 12. The committee on Enrolled Bills shall not report any bill, resolution, or amendment to any bill or resolution, as correctly enrolled, nor shall the presiding officer of either House sign the same, in which there shall be any inter- lineation or erasure whatsoever. 13. There shall be joint standing committees consisting of three members of the Senate, and five members of the House of Representatives, on the following subjects: 1. On Public Buildings and Grounds. 2. On Library. 3. On Enrolled Bills. 4. On Printing. 5. On Apportionment of Representation. 6. On Election of Justices of the Peace. On motion of Mr. Bernard, the report was adopted, and the Senate Rules of Order and the Joint Rules were ordered to be printed. i CALENDAR. Bills and resolutions on the Calendar were taken up and disposed of as follows : S. R. 2, resolution to provide for the codification of the Public Laws. Referred to the committee on the Judiciary. S. B. 3, bill for the protection of crops of Craven county. Referred to the committee on Propositions and Grievances. 1881.] SENATE JOURNAL. 27 S. B. 4, bill to protect diamond- back terrapins in* tbe waters of North Carolina and to regulate the catching of the same. Referred to the committee on Propositions and Grievances. S. B. 5, bill authorizing the treasurer of Johnston county to pay certain school orders. Referred to the committee on Claims. S. B. 6, bill to amend the charter of the city of Newbern. Referred to tAe committee on Corporations. S. B. 8, bill to punish any one for destroying or defacing the registration of deeds and other papers. Referred to the committee on Judiciary. . S. B. 9, bill to amend section 30, chapter 105 of Battle's Revisal, in relation to fees of witnesses in attendance upon magistrates' courts. Referred to the committee on Salaries and Fees. S. B. 10, bill to regulate the sessions of the Supreme Court. Referred to the committee on Judiciary. MESSAGE PROM THE HOUSE OP REPRESENTATIVES. A message was received from the House of Representa- tives transmitting without engrossment an amendment to S. R. 1, H. R. 2, resolution raising a Joint Select commit- tee on the employees of this General Assembly. On motion, the amendment was concurred in. CALENDAR." Bills and resolutions upon the Calendar were taken up and disposed of as follows : S. R. 12, resolution in relation to counting the votes for Governor and other officers, was adopted and ordered en- grossed. 28 SENATE JOURNAL. [Session MESSAGE FROM THE HOUSE OF REPRESENTATIVES. A message was received from the House of Representa- tives proposing to go into an election of an Enrolling Clerk for this General Assembly at the hour of 12, to day ; an- nouncing that Mr. A. D. Brooks of Alamance, and Mr. Pas- chal Norfleet of Edgecombe, were in nomination; and that Messrs. Grainger and Page had been appointed tellers on the part of the House. On motion, the proposition was concurred in. The hour of 12 m. having arrived, the Senate proceeded to the election of an Enrolling Clerk. Mr. York placed in nomination Mr. A. D. Brooks of Alamance. Mr. Williamson of Edgecombe nominated Mr. Paschal Norfleet of Edgecombe. Messrs. Battle and Williamson of Edgecombe were ap- pointed tellers on the part of the Senate. The Senate proceeded to vote as follows: For Mr. Brooks — Messrs. Battle, Bernard, Blue, Burwell, Carr, Cunningham, Davidson, Dever, Dickey, Dortch, Faison, Finger, Foil, Gudger, Harper, Harris, Jones, Lock- hart, Manning, Mebane, Merritt, Newland, Oates, Respass, Richardson, Scott of Rockingham, Staples, Stowe, Tucker? Whitaker, Williamson of Davie and York — 32. For Mr. Norfleet — Messrs. Carter, Clarke, Hanes, New- som, Scott of New Hanover, Spears, Williamson of Edge- combe and Wynne — 8. By consent, Mr. Staples introduced S. R. 33, resolution of instruction to our Senators and Representatives in Congress in relation to the Educational Fund. On motion of Mr. Staples, the rules were suspended, and the resolution was adopted, and ordered engrossed. By consent, Mr. York introduced S. R. 34, resolution raising a Joint 1881.] SENATE JOURNAL 29 Select committee on immigration and the manufacturing interests of the State.' On motion of Mr. York, the rules were suspended, and the resolution was adopted and ordered engrossed. A message was received from the House of Representa- tives transmitting, without engrossment, House substitute for S. R. 11, resolution for the improve- ment of the heating arrangement of the Senate Chamber, proposing to raise a Joint Select committee on the better heating of the Capitol building, and for other purposes. On motion of Mr. "Williamson of Edgecombe, the substi- tute was adopted, and Messrs. Williamson of Edgecombe and Harper were appointed Senate branch of said committee. By consent, Mr. Davidson introduced the following : " Resolved, That the Door-keepers be instructed to pur- chase two dozen chairs and two settees for use in the lobbies and rooms of the Senate Chamber : Provided, The cost of the same shall not exceed sixty dollars." Adopted. By consent, Mr. Williamson of Edgecombe, introduced S. R. 35, resolution to enquire of the Governor whether the gauge of any railroad has been changed since Mareh 15th, 1875, and if so, whether the proceedings to recover pen- alties have been instituted as required by the act of March 15th, 1875. Placed upon the Calendar. Mr. Battle, of tellers to superintend the election of an En« rolling Clerk for this General Assembly, reported that Mr. Brooks received 104 votes ; Mr. Norfieet received 40 votes. Mr. Brooks was declared elected, took the oath of office and entered upon his duties. On motion of Mr. Williamson of Edgecombe, the Senate adjourned. 30 SENATE JOURNAL. [Session FOURTH DAY. Senate Chamber, January 8th, 18,81. The Senate met pursuant to adjournment. Prayer by Rev. Dr. Skinner. The Journal of yesterday was read and approved. JOINT STANDING COMMITTEES. The President pro tempore announced the following: Senate Branch Joint Committee on Enrolled Bills : Mr. Carr, chairman ; Messrs. Scott of Rockingham, Clarke. Senate Branch Joint Committee on Printing : Mr. William- son of Davie, chairman ; Messrs. Harper and Hanes. Senate Branch Joint Committee on Library: Mr. Merritt, chairman ; Messrs. Carr and Williamson of Edgecombe. Senate Branch Joint Committee on ^Appointment of Justices of the Peace: Mr. Respass, chairman; Messrs. Gudger and Wynne. Senate Branch Joint Committee on Public Buildings and Grounds: Mr. Bernard, chairman ; Messrs. Eaves and Parish. PETITIONS AND MEMORIALS. Petitions and memorials were presented as follows: By Mr. Davidson : Petition of the Little Ivy Baptist church, in Madison county, praying for the enactment of a prohibitory liquor law. Referred to the committee on Prop- ositions and Grievances. Petition of Morgan Hill Baptist church, of Buncombe county, praying for the passage of a law prohibiting the manufacture and sale of liquors. Referred to the committee on Propositions and Grievances. 1881.] SENATE JOURNAL. 31 By Mr. Lockhart: Petition of citizens of Anson county, asking the passage of an act prohibiting the sale of liquors within two miles of Pleasant Hill church and Pee Dee Acad- emy. Referred to the committee on Propositions and Griev- ances. BILLS AND RESOLUTIONS. « Bills and resolutions were introduced, read first time, and disposed of as follows : By Mr. Richardson : S. B. 36, bill to perfect the organiza- tion of the Carolina Central Railroad Company. Referred to the committee on Corporations. By Mr. Williamson of Davie: S. R, 37, resolution in re- gard to education. Referred to the committee on Educa- tion. By Mr. Harper : S. B. 38, a bill to amend section 22, chap- ter 105, in relation to fees of Constables. Referred to the committee on Salaries and Fees. By Mr. Staples : S. B. 39, bill to amend the Constitution of North Carolina, in relation to the election and terms of Senators. Referred to the committee on Judiciary. By Mr. York r S. R. 40, resolution forming a Joint Com- mittee on the Fish Interests. Placed upon the Calendar. By Mr. Whitaker : S. B. 41, bill to incorporate the Super- anuated Fund Society. Referred to the committee on Cor- porations. By Mr. Newsom : S. B. 42, bill to amend the School Law of 1875, 1876 and 1877. Referred to the committee on Ed- ucation. By Mr. Williamson of Davie : S. B. 43, bill in relation to trials in courts of Justices of the Peace. Referred to the committee on Judiciary. By Mr. Clarke : S. B. 44, bill to appoint competent Judges and Inspectors of Elections, Referred to the committee on Judiciary. 32 SENATE JOURNAL. [Session By Mr. Davidson : S. R. 45, resolution increasing the number of the Judiciary Committee to twelve. On motion of Mr. Davidson, the rules were suspended and the resolution was adopted. The President pro tempore appointed Messrs. Glenn and Spears as additional members of said Committee. By Mr. Eaves; S. B. 36, bill to provide for improving the low-lands of Broad river in Rutherford county. Referred to the committee on Corporations. Petitions upon the Calendar were referred as follows : Petition to change so much of chapter 232, Acts of 1879, as relates to Draughan's church in Edgecombe county. Referred to the committee on Propositions and Grievances. Petition Of A. J. Jackson to be allowed to contest the seat of the Senator from Halifax. Referred to the committee on Privileges and Elections, Petition for a no fence law in a portion of Craven county. Referred to the committee on Propositions and Grievances. CALENDAR. S. R. 13, resolution for the relief of A. M. Church of Wilkes county, was taken up on its second reading. On motion of Mr. Richardson, it was referred to the com- mittee on Finance. By consent, Mr. Respass introduced S. B. 47, bill for the relief of tin and book peddlers. Referred to the committee on Proposi- tions and Grievances. Mr. Scott of New Hanover announced Mr. Pridgen, Sena- tor-elect from the — District, as detained from his seat on account of sickness. ► 1881.] SENATE JOURNAL. 3- MESSAGES FROM THE HOUSE OP REPRESENTATIVES. A message was received from the House, transmitting without engrosment, H. B. 36, S. B. 48, bill to appoint two cotton weighers for the town of Wilson. On motion of Mr. Battle, the rules were suspended, the bill passed its several readings, and was ordered enrolled. A message was received from the House transmitting, without engrossment, ■ H. R. 7, S. R. 49, resolution to raise a joint committee upon the subject of the sale and manufacture of spirituous liquors. On motion, the rules were suspended, and the resolution was adopted. On motion of Mr. Harris, the Senate adjourned. FIFTH DAY. Senate Chamber, January 10th, 1881. The Senate met pursuant to adjournment. Prayer by Rev. Dr. Marshall. The Journal of Saturday was read and approved. Mr. Scott of Rockingham, announced the presence of Mr. Spruill, Senator elect from the 2d Senatorial district. Mr. Spruill came forward, took the oath of office, and was seated. The President pro tempore announced the following as the Senate branch of U SENATE JOURNAL. [Session Joint Committee on Prohibition : Mr. Tucker, Chairman, Messrs. Dickey, Hanes, Merrit and Harris. PETITIONS. Petitions were presented and disposed of as follows : By Mr. Merritt : Petition of citizens of Chapel Hill, pray- ing for a prohibitory liquor law. Referred to the joint com- mittee on Prohibition. By Mr. Whitaker : Petition of R. T. Vann and others ask- ing for the passage of a prohibitory liquor law to be sub- mitted to the popular vote for ratification. Referred to the joint committee on Prohibition. REPORTS FROM COMMITTEES. Reports from standing committees were submitted as fol- lows : From the committee on Corporations : By Mr. Lockhart : S. B. 6, bill to amend the charter of the city of Newberne, recommending it do pass ; S. B. 19, bill to incorporate Oak Ridge Institute, recom- mending it do pass. BILLS AND RESOLUTIONS. Bills and resolutions were introduced, read the first time, and disposed of as follows : By Mr. Finger : S. B. 50, bill to amend chapter 135, Pub- lic Laws of 1879, so that Catawba county may be included in its provisions. Referred to the committee on Judiciary. 