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The weekly standard. volume (Raleigh, N.C.) 1869-18??, December 28, 1870, Image 2

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Legislature of North-Carolina. t
SENATE. "
NIGHT SESSION.
- Saturday, Dec.17. - ..
Senate met at 7:15 p. m. . ' ; :
Mr. Graham in the chair. i
On motion of Mr. Trov, the Senute took
up the bill to restore to the W. R. R. Co. its
original chartered privileges. Bill passed
it third reading, ayes 80, nays 1.
Mr Flythe voted in the negative.
Mr. Warren and Mr. King were excused
from voting. ;; r
The convention bill was discussed by
Messrs. Warren, Dargan, Robbins, of Ro wan v
Price and Cook. ' "
Bill made special order for Monday.
Mr. Warren wanted to get rid of the pres
ent judiciary. , , , ,
Mr. Dargan wanted to get rid of the code.
This was a question of head and neck with
, him. He never wanted to hear anybody
speak again of the "development of our re -sources!"
; Mr. Robbins, of Rowan, thought every
thing would be very harmonious if the Re
publicans would vote with the Conserva
tives. ) -
Mr. Cook had introduced the bill, and
therefore would speak in its detence.though
he did not like some of its provisions.
Mr. Price made an eloquent and thrilling
speech in opposition to the bill. Gentlemen
had taught colored men to distrust their
promises. . During the carv:iss they had
promised not to interfere with suffrage.
They had interfered with it already in every
municipality in the State. He was opposed
to. this measure because in the present im
poverished condition of the State the people
were not prepared to ussume an additional
burden, and a fair vote could not be had. His
people would be driven from the polls by
the Kuklux as they were at the last election;
Adjourned. . i
SENATE. "
; Monday, Dec. 19, 1870. j
The Senate met at 10 o'clock. .
, Prayer by Senator Norment. .,
" 'President in the Chair. . !
Journal of Saturday read and approved,
Mr. Merrimon called attention to the fact
that his vote on the I7th was correctly re--corded
in the Clerk's report, but incorrectly
reported by us. .".'''" i
Bill for the relief of the Sheriff of Watauga
was taken up and passed its several read
ings without . opposition. : Yeas 39, nays
none. ,
- ' Mr. Norment from the Conference Com
mittee, reported that the Committee recom
mend concurrence in House bill on per diem
and mileage. The Senate refused to concur,
aves 17. navs 26 . v
.; Mr. Gilmer moved the appointment of nn-
Pending action, the Convention bill was
taken up. ' ;
. Mr. Olds said he was opposed to this bill
upon Constitutional grounds. The Constittt
tion knows of but two modes ot amendment,
one is by Convention which in its very n-
ture is unrestricted. The other is by legisla
tive action to be submitted to the people.
loia jOD3iicunouai provision is evsucii in
" this bill; ' He was opposed to it because it
was introduced in dangerous times, when
the people are excited and tearful of revolu
tion. . He was opposed to it because of the
enormity of its details.
Mr. Lehman disagreed from the Senator
from Wake. ' He objected to the bill not for
the reasons urged, but because ne considered
' it untimely and unnecessary.
air. itoDinns or nowan uiougnr. tue lime
too short. . Show would be knee deep in the
mountains, snd the people could not get to
the polls. Besides, that the people needed
more time for deliberation, and he moved to
' insert March. ' Withdrawn. I
Mr. Brogden gave a full and luminous ex
position of the bill,, of the motives which
led to it, of the history ot the party which
, l&tuer&it, aau oi lue uisusiruus results wuicu
win ioiiow its passage. i
. dered, and the question being on the pas
sage of the bill on its third reading, :
mu - l : : j 1 . i. . . .
.Aim cnair cuusiuereu mat ii wouiu '.aivb
a two thirds vote to pass the bill, and sub
rnitted that question as preliminary.
,The letter of the Constitution requiring
two-thirds majority to call a Convention, as
many Senators as are of opinion that a bare
. majority can authorize the people to call a
Convention will make it known by saying
aye; as many as of the contrary opinion will
say no. j
The Senate voted that it required only a
majority vote.
Those voting in the affirmative are Messrs.
Adams, Albright, Cook, Council, Cowles,
Crowell, Currie, Dargan, Flemming, Gilmer,
Graham, Jones, Linocy, Love, Mauney Mc
ClamBiy, Merrimon, Morehead,Murphy,Rob
bins, of Davidson, Robbins, of Rowan. Skin
ner, Speed, Troy, Waddell, Warren, White
sides and Worth 28. !
Those voting in the negative are Messrs.
Barnett, Beasley, Bellamy, Brogden, Eppes,
Flythe, Hyman, King, Lehman, McCotter,
Moore, Price 12. ' j
The Senate decided adversely to the opin
of the Chair, and the President having con
. scientious objections to giving his official
sanction to what he deemed an nnconstitu-
tional act, called to the chair Mr. Warren,
who had no scruples on this question. The
vote on the final passage of the bill was then
taken and stood thus:
Those who voted in the affirmative are :'
Messrs. Attains, . Albright, Battle, Cook,
Coudcil, Crowell, Dargan, Fleming, Gilmer,
Graham, Jones, Ledbettcr, Linney, Love,
Mauney, . -McClanimy, Merrimon, Murphy,
Norment, Robbins, of Davidson, Robbins, of
Rowan, kinner, Speed. Troy, Waddell,
Warren, Whitesides, Worth -28.
Thosevoting in the negative are:
Messrs. Barnett, Beasley, Bellamy, Brog
den, Cowles, Eppes, Flythe, Hyman, King,
Lehman, McCotter, Moore. Morehead, Price
15. ' ' -
. Adjourned till 7 p. M. '' ; ' ' 1
HOUSE OF REPRESENTATIVES. ! "
" ' ' ": Monday, Dec. 19, 1870.'
The House met at 10, a. m. :
' Speaker in the Chair. i
Prayer by Rev. Mr: Grayson, of the House.
' - Mr. Maricr obtained leuve to change his
vote from the negative to the affirmative on
the vote to concur in Senate amendments to
the bill fixing per diem, &c. j
The chairman of the committee on Privi
leges and Elections reported back the bill
concerning the representative from Bladen,
and asked to be discharged from its further
consideration. Discharged.
Mr. Clinard introduced a resolution pro
viding for night sessions. Calendar, i
Mr Brooks introduced a bill to empower
the Board of Commissioners of Brunswick
to till vacancies in their Board. Committee
on Counties, Ac, .
Mr. Duckworth introduced a bill in rela
tion to assault and battery. That the
Grand Jury shall present no one unless
deadly weapons are used, &c Judiciary
Committee.
Mr. McAfee obtained leave of absence for
20 days. ' I '
Mr. Martin introduced a bill to authorize
Public Treasurer to loan from the special
tax fund in the Treasury the sum of $150,
000, &c. Finance Committee. ' " . j
Mr. McNeil introduced a bill concerning
N. J. Brown, Executor of Reuben King, of
Robeson county; Propositions and Griev
ances. . : : ; "
Mr, Garrison, of Polk, obtained leave of
absence from Wednesday till 11th of Jan
uary, .. .
Mr, Womack from Wednesday till 18th
of January. . i .
i iVLr. Collis from Thursday till 1st ot Jan
uary. Mr. Parrott from Wednesday till 12th of
January. 1 H! ' ,
Mr. Willis from Fiiday till 11th of January.
Mr. Hardy ditto. " j-.
Mr. Ashe introduced a bill regulating the
appointment of guardians, adjitem. Refer
red I1 Judiciary Committee.'-
Mt. Justice introduced a resolution tcW
quest Congress to allow citizens of this State
to distill grain under the ; same regulations
that apply to fruit Calendar, . ii, ;.',.!
'- Mr. Lassiter introduced a bill to Tnake
Deep River a lawful fence at a certain place
in Randolph County. Propositions and
Grievances. - -
Mr. Robbinson introduced a resolution ia
relation to stationery. ,-Calendar I '. j 1 I
Mr. Hill a resolution preventing nfembers
ausem wituoui leave, ui .."''"J"''.-;
from receiving per diem, calendar.
Mr. Dudly obtained leave of absence from
Friday till 11th of January. T. j
. Mr. Hardy introduced a resolution to rt-i
store the credit of the State. : Providing lor
a committee to confer with creditors of the,
Stute to effect a compromise. Calendar, j
Mr. Martin, from the Committee of Con-;
ference on per diem, reported in favor of the
House bill as originally passed, allowing $ 5.
per diem and 20 cents mileage, and $6 to
Clerks. ' ' !
Mr. Sparrow moved that the House concur
in the report of the committee.
On this motion, Mr. Robinson called for
the yeas and nays.
The call was sustained. ;
Mr. Crawford strongly opposed the adop
tion of the report. Thought four dollars
per day amply sufficient to provide lor the
wants of members. He had received letters
and a telegram from his constituents warn
ing him not to vote for more than four dol
lars ; therefore he was opposed to concur
rence. !
Mr. Martin thought if the gentleman' (Mr.;
Crawford) was to be governed by letters
and telegrams from his friends, he would,
have a hard road to travel, as a representa-;
tive. A rejection cf this report would be
legislation against the poor representatives
in the House. When Gastonas a .repre
sentative at f3 per r day, remember that ha
had men like some that are now seated on'
this floor, working his farm and making his
meat and bread. There were many poori
men here, and they could not live in Raleigh'
on four dollars per day. He was in favor of
five dollars, and would not be dictated to by
the Senate, and would not recede from his
position. Some of his friends had urged
uim not to vote lor . five dollars, as that, if
carried, would perhaps kill the bill to call
a Convention, as the bill provided that
members of the Convention should receive
the same pay as this body.
Mr. Marler was in favor of low pay as he
was in favor of retrenchment, &c He could
not vote to reduce the tees of other county
and State officers unless he voted to reduce
his own pay. '
Mr. Sparrow understood that the Senate
had already refused to concur in the report
under consideration ; therefore debate was
unnecessary, and he hoped the House would
desist from this disgusting scene.
The vote on concurrence in the report
then resulted in the negative as follows : :
Yeas Messrs. Broaafoot,Bryan, of Jones,
Bunn, Buxton, Cawthorne, Chamberlain,
Collis, Copcland, Dudley, Ellison, Faulkner,
Fletcher, Garrison, Catling, Goodwyn, Gul .
lick, Gregory, Harris.ot Franklin, Hargrove,
Hardy, Henderson, Johnson, of Edgecombe,
Jones, oi Northampton, Justice, Lyon, Mar
tin, Mabson, Morgan, of Montgomery, New
some, Page, Parrott, Reavis, Keid, Regan,
Robbins, Smith, of Wayne, Stanford, Stew
art, Sykes, Tucker, Waring, AVillis, Wilcox,
Young, of Wake 44. j
Nays Mcssr3. Anderson, Armstrong, At
water. Brooks, Bryson, Carson, Clinard,
Crawford, Currie, Dickey, Duckworth, Dun
ham, Furr, Gamhrel, Grayson,' Hampton,
Harris, of Guilford, Houston, Hill, Johnston,
ot Edgecombe, Johns, Jones, of Caldwell,
Joyner, of Johnston, Jordan,' Kelly, of
Moore, Kelsey, Lassiter, Marler, Maxwell,
McAfee, McCauley, McNeill, Morris, Mills,
Mitchell, Nicholson, Nisson, Phillips Powell,
Rankin, Robinson, Scott, Settle, Shul),
Smith, of An3on, Smith, of Halifax, Strud
wick, Touiiinson, Welch, Womack, York
51. . " .... - ; '.
Mr. Dunham introduced' a bill filing
mileage and per diem. President i anil
Speaker $7, members f4, Cle.ks and Door-keepers
$o, 15 cents mileage. Calendar. ;
A Senate resolution to provide lor a recess
of the General Assembly from and after
December 20th to llih of January, 1871,
was token up as special order. .
Mr. Johnston, of Buncombe,' moved to
postpone consideration of the same till
Wednesday next at 12 o'clock.
Mr. Justice opposed thi3 motion. He could
not understand why the Conservative mem
bers of the House wanted to postpone the
resolution. He knew that they were going
to take a recess, and had resolved so to do
in caucus. Why not come out and vote for
it now. He was opposed to their legislation
" in the dark."
The motion to postpone was then carried
by a vote of yeas 49, nays 45. I
Leave of absence was granted Mr. Hardy
fur 20 days. j
To Mr. Tucker from Thursday tiilllfh
January. ....... '
Mr. Sparrow moved that another Commit
tee of Conference be requested ot the Sen
ate, to consider the question of per diem.
After protracted free, funny and farcical
discussion, the motion prevailed.
Mr. Scott, from the Committee appointed
to prepare articles for the impeachment of
His Excellency, the Governor, submitted a
report embracing ' a beries of articles con
cerning the action of His Excellency, W. W.
Holder), in calling out troops to invade the
Counties of Alamance ; and Caswell &c, to
put down insurrection, and impeaching the
Governor of high crimes and misdemeanors
in go doing; The articles elaborately recite
the arrests &c, made by the State troops in
the months of June, July and August, de
claring the same to have been illegal and
prompted by corrupt and wicked motives.
The papers are bo voluminous that we can
not present them to our readers in to-day's
issue. They will appear to morrow verba
tim. En.
Mr. Welch then introduced a resolution to
go into Commitiee of the Whole for the pur
pose of considering the articles of impeach
ment, and to nominate by ballot a board of
seven managers. Adopted. ; ' j
Mr. Strudwick was called to the chair. ,'
- The House now being in Committee of the"
Whole, ., ,
Mr. Welch moved that the House proceed
to take up and consider the articles of im
peachment. . - .- , !
The motion prevailed
The clerk then read the first article, im
peaching His Excellency for., high crimes
and misdemeanors in sending troops to the
county ot Alamance, which was adopted by
a vote of yas 43, nays 30 the vote being
taken by count. j
The 2d, 3d, 4th and 5th articles, (of a minor
nature) were adopted.
" Mr. Mabson moved that the committee
Ise and report progress.
The motion was rejected. ! -
The 6th, 7th, and 8th articles impeach
ing the Governor for signing warrants on
the Treasury for the payment of troops
were adopted. ;
The articles, a whole, were adopted, j
Mr. Jarvis offered a resolution to proceed
to elect seven managers to conduct the im
peachment before the bar of the Senate, and
coulerring on .said committee power to as
sociate with them "seven other persons learned
in the law." !
Mr. Phillips. Is there any precedent for
such action as this?
Mr. Sparrow. Yes, sir, it was done in the
case of President Johnson. . ,
. Mr. Phillips. I, sir, thought that there
had never been a case in which gentlemen
of the bar had been called to aid in con
ducting a case of impeachment.
The resolution was then adopted. j
i Mr. : Robinson placed in nomination
Messrs. Sparrow, Gregory, Dunham, Welch,
Johnston of Buncombe, Scott and Broad
foot to constitute the committee of jwven t-i
conduct iinpeachineiit at theVbiir of -.the
Senate. V' );';
. The Committee theV proceeded to vofo by
.ballot,, rid-tlio members - nominated JJrere
jelected.1-.- ' :
On motion 61 Mr. Sparrow the committee
'then rose and reported progress, and. aBked
to Tie discharge. 1, through Mr, HtrudwicKr
the chairman. ; Nr
The question being on the adoption 61
the report, v - -
Mr. Hargrove said that he rose tor the
purpose of making" some 'remarks on the
manner of proceeding in electing by 'ballot
a committee of seven. The Constitution
"provides that all elections by the people shall
be by . ballot and all elections by the General
Assembly viva voce. , In order to make the!
election had in the committee, valid the-'
House must reelect the committee viva voce
,f otherwise it would be an illegal election.;
Mr. Strudwick thought it was only neces-j
sary for the House to adopt the' report of
the committee in order to confirm the elec-'
tion of the committee. .;' J
Mr. Hargrove said his understanding of,
the Constitution was that all elections by'
the Genaral Assembly must be viva voce. j
Mr. Welch. Does the gentleman think
that this House is the General Assembly, j
Mr. Hargrove. ' No sir, but it is a part ot,
the General Assembly, and all laws relating
to the government of the General Assembly
apply to this House. If you simply concur
in this report you only adopt a report and
do not elect as required by the constitution.
, Mr. Justice. I would like to understand'
if these lawyers that are to be called in are!
to receive such fees as lawyers generally,
charge. ;; ' : : j
The Speaker. All of this business come3j
wit -in the jurisdiction of the House. They;
can arrange it as they think best. j
Mr. Mabson. Mr. Speaker, cjn this report;
be amended t !
;' The,, Speaker. This is a report Thej
Chair is of the opinion that it cannot b
amended.
The question recurring on the adoption ol
the report, ... i
Mr. Justice called for the yeas and nays.
The call being sustained, the report of the
Committee was adopted by the following
vote : . , ; ;).. ,...'. . .:- j
Yeas Messrs. Anderson, Armstrong,
"Ashe, Atwater, Broad foot, Bryson, Cham
berlain, Clinard,Crawford, Currie, Dunham,
Furr, Gambrel, Gullick, Grayson, Gre-
gory, Hampton, Houston, Hill, Johnston;
of Buncombe, Jones, of Caldwell, Joyner, of
Johnston, Jordan, Kelly, of Davie, Kelly;
of Moore, Kelsey, Kineaid, Lassiter, Marr
ler. Maxwell, McAfee, McNeill, Mills, Mitch
ell, Nicholson, Powell, Rankin, Reid, Regan;
Robinson, Scott, Shall, Smith of Anson,
Smith of Wayne, Sparrow, Stanford, Stew
art. Strudwick, Tomlinson,Waring, Welch,
Wilcox, and Womack 53.
Nays Messrs. Brooks, Bryant, of Halifax;
Bryan, of Jones, Bunn, Buxton, Cawthorne,
Carson, Collis, Copeland, Dudley, Duck
worth, Ellison, Faulkner, Fisher, Fletcher,
Gatling, Goodwyn, Harris, ol Franklin;
Harris, of Guilford, Johnson, of Edgecombe;
Jones, of Northampton, Justice, Lyon, Mab-r
son, - Morris, Morgan, of Montgomery, Newr
some, Nisson, Page, Parrott, Phillips, Rea,
vis. Robbins, Smith, of Halifax, Tucker,
Willi", Young, of Wake, York 38. j
On motion of Mr. Johnston of Buncombe,
the House agreed t hold a night session
beginning at u quarter after seven o'colck.
The House tlieu adjourned. j
SENATE. :
Monday, Dec. 19, 1870. j
Prior to putting the main question, he
President said : .. .
Before the Chair submits the main ques
tion, he desires to present a preliminary
question for the consideration of the Senate.
It the Senate does not agree with the Chair,
the Chair desires that some Senator should
take the Chair after the opinion of the Sen
ate is announced. , i .
The Chair called the attention of the Seri
ate to Article XIII, section 1, of the Constl
' tution, which is as follows : ' ' j
.t -No Convention of the people shall lie
jjcalled. by.-the.General AsoemMj unless by
the concurrence of two-thirds of all the
members of each House of the General As
scmbly." i
The Chair remembers that he called the
attention of some Senators to this provision
of the Constitution, in order that they might
take the matter under consideration. The
chair is of the opinion that the Legislature
have the right to submit to the people the
question whether they will have a Conven
tion or not. But the law is that, under the
Constitution the General Assembly of North
Carolina cannot call a Convention without
the assent of two-thirds in each House, of
all the members elect to the General Assem
bly. ' Tiiere is no provision in the Constitu
tion, as the Chair sees, for submitting to the
penp.e the question whether they will call
a Convention or not. This Senate is there
fore, in the opinion of the Chair, presenting
to the people a question, which they haVe
no constitutional authority to decide. If it
has, the Chair is of opinion that there must
for this be a two-thirds vote. . The Chair
therefore will submit the question to the
Senate, whether this Legislature has the
right, by a bare majority, to submit this
question to the people; It they so decide,
then the Chair, feeling that he has taken the
obligation of an oath to support the Consti
tution, and being convinced in his own
judgment that less than two-thirds cannot
submit this question to the people, ho will
call some Senator to the Chair, who has no
conscientious scruples upon the subject. - j
Senate met at 7 30 P. M;'
Mr. Warren in the Chair.
On motion of Mr. Graham the rules were
suspended to take up certain bills, where
upon i
A bill amending the charter ot the city of
Raleigh was put upon its passage. j
This bill provides for ninety days resi
dence and a registration.' The register books
will be closed ten days before election, and
no person can vote whose name is not on
the books. ' j
Bill passed its third reading, ayes 27,
nays 8. . j
v A House message was received. announcing
jthat the House had elected a board of man
agers to impeach W.-W. Holden, Governor
of North Carolina, and that the committee
will bring articles to the Senate when it is
the pleasure of the Senate to receive them.
' On motion of Mr.' Jones the Senate voted
to send a message to the House, that the
Senate will receive the committee with arti
cles of impeachment to morrow at 11 o'clock.
A bill for the better regulation of Eliza
beth City was taken np. The bill being
amended so that Mayor and Commissioners
must be six month's resident, and the voters
three month's resident, and not in arrears for
taxes, then passed its -third reading, ayes 37,
nays J. ' i
The bill abolishing the Board of Directors
of the Deaf Dumb and Blind Asylum, and
givingthe power to a Board of Trustees was
taken up. : , ,
-' Mr. Gilmer was opposed to its hasty pas
sage, as these Trustees would hold their office
for life. ' ' 1
Mr. Robbins, of Rowan, said that the only
way to get rid of the present board is by
abolishing the office, a set of carpet-baggers
that have been foisted in there. ' The object
is to get rid of them and get in a set of our
own people. . ' '. .
The gentlemen named in the bill are W
H. McKee, J. R. Williams; R. S. Tucker, ft.
W. Best, A. 8. Merrimon, and John C. Palm-
er- T "'- " 7 I ,.
our. Love was opposed to putting in thse
gentlemen for life, and , moved to postpone
till the 20ih day of January, ', i j ,.
Mr. Robbins, of Davidson, moved the in
definite of the bill..) Tiio sole purpose is 'to
get rid of these ! new' men that have been
foisted in there, and almost ruined the insti-1
tution They have been .paying the travel -ling
expenses of directors to Massachusetts
and New York and other'places, our lnTlr
able James Harris and others;
Mr. Dargan -said,, that ; the Senator from
Rowan ha suggested that the old directors
had been put but bj the reconstruction icts,
and these are the very men that he,-Mr.
Dargan, wanted to put back. Fr his rea
son he would vote.wr";the bilL- ' v'
Mr. Brogden had noobjection to any one
of these gentlemen but he would offer an
amendment providing that said Board of
Trustees shall - hold their office till the first
dfyfbf)Jin.' 1873, and nntil their successors
are chosen ' A Hon ted.
.MrSpced wanted the Ml .printjdHe.
hart never heard ot it betore.
Mr. Robbins, of Rowan, said he; wanted
some honest men in there. . .... .
. The bill passed its third reading, ayes 29,
nays 7. . ' ;.;7 VV ..'":',
Mr. Lo ve voted nay.' . , ,
Bill on salaries and fees was taken up.
Ar very interesting , discussion . followed
upon the motion to reconsider the vote by
which the bill was so amended as to make
the salary of the Superintendent 'of public
schools 1,500. The Senate refused to re
consider, ayes 10, nays 21.. ,
The bill . authorizing commissioners of
Orange to levy a special tax passed its 2nd
reading, ayes 25, nays Mr. Hyman. v i
Senate adjourned. "t
. ... . . ....
v .' .:'! "'; ;'T"7 December 20,'l870.;
Senate met at 10 o'clock; '..T ;''
President in the chair. t. .
. Prayer by Senator Norment. .. I ;
Journal of yesterday read and approved.
h Mr.' 01d3 asked to have his vote record
ed in the negative on the Convention bill.
Granted ,;""' - ' ..
In response to the House message asking
the appointment of a joint conference com-:
mitteeon the sttbjeft of mileage and per
diem, the chair appdinted'JIesars. Speed and
Dargan as the Senate branch of said com
mittee. The House being- expected iu a body at
11 the Senate prepared for its reception.
Mr. Merrimon presented a memorial in re
ference to the W. N; R. R.- Calendar. f
. Mr. Murphy asked the Senate to take up
the bill to repeal the act extending the cor
porate limits of the town of Goldsboro'.
- Mr. Brogden thought fhis; bill could not
pass without debate, and -opposed; the mo
tion. Senate voted to take up the bill, ayes 27,
nays 11. . .. - !
Mr. Murphy moved to limit the discussion
to ten minutes. , 1
Mr. Brogden protested against the mo
tion. i 1 . ' '
The Chair was inclined to think that a
new rule could not be adopted without no
tice. - ' '" ' " !
; Mr. Murpliy moved the previous question.
By some means which the reporter did not
note, Mr. Brogdon "got the floor, and made
an eloquent', defence of his constituents.
This bill would cut off a large number of
poor men who could not afford to live in the
heart of the tewn, from voting, although
they worked n the roads and labored in it.
The House Committee, accompanied by
the Entire House, now entered, and the Sen
ate rose to receive them. : ..
' Door Keeper. Mr. President, a com
mittee of the House ot Representatives.
Chair. Invite the Honorable Committee
to come forward. The ' members ot the
House of Representatives will, so many as
can get seats, please be seated to the right
of the chair..
The House being sealed, the Chair laid :
The Senate will now hear the message of the
House of Representatives. '
The committee . standing, their Chairman
said : ''
Mr. President We, the managers of the
House of Representatives, are a committee
empowered to bring to the Senate and de
liver to you, it being your desire now to re
ceive them, articles op impeaciiment
against William W. Holden, Governor of
North Carolina, and we do so deliver said
articles in the name of the people of North
Carolina, and do demand that the Senate
take order thereon. ' J '
The Lieutenant Governor responded :
The President of the Senate, in behalf of
the Senate receives the articles of impeach
ment in behalf of. the House. The Door
Keeper will make proclamation.
" The Door Keeper then, under the instruc
tion of the Lieut. Governor, made the follow
ing proclamation: '
"O yes, O yes, O yes! all persons are
commanded to keep silence, on pain of im
prisonment, while the House of Representa
tives gives to the . Senate, Articles of Im
peachment against W. W. Holden, Governor
ot the State.".:; - ' I
Chair: .' Tb.e Articles of . Impeachment
will now be read by the Clerk.
The articles having been read, the Lieut.
Governor said : ,
Gentlemen, Managers, and Members of the
House of Representatives : Articles ot Im
peachment having been exhibited in the Sen
ate against W. W. Holden, Governor of
North Carolina, it Incomes my duty as pre
siding officer of the Senate to inform the
House oi Reprsentativcs that the Senate will
take proper order on the subject of Impeach
ment, of which dne notice will be iven to
the House of Representatives. . .
The House then withdrew and Lieut.
Governor said :' ";
Senators: It now becomes by duty,
under the Constitution and laws of the State,
to retire from the time being from this chair,
as your presiding officer, to take charge of
another department of the government. Al
low me, Senators; before I retire, to return to
you, individually and as a body, my un
feigned thanks for the courtesy, kindncss,
and consider tion which you have always
extended to my efforts as your presiding offi
cer. The Senate will now proceed to elect
a Spe.tker, pro tern., of the Senate.;
Mr. Robbing, of Rowan, said : Senators, I
move that the Senator Irom Anson be tem
porarily called to the Chair. The motion
was carried. , .. . i
i' Mr. Dargan took the Chafr. ' '
Motions for President ad interim being in
order, Mr. Robbins,- of Rowan, nominated
Mr Warren. : , ,
Mr. Gilmer nominated Mr. Graham.
Mr. Troy nominated Mr.: Dargan. J
Mr. Eppes nominated Mr. Brogden.
Mr. Worth tidmrnfrtefr W; W Robbins. ;
The vote being taken, Mr. Warren receiv
ed 36 votes, Mr. Graham 4, Mr.' Dargan 1,
Mr. Brogden 1. .. . -
. Mr. Warren having been conducted to the
cuair thanked the Senate tor the compli
ment .' . .
Alter protracted deliberation, the Sen
ate voted that the Chief Justice be request
ed to appear in the Senate on Friday to( or-'
ganize the Court, ayes 24, nays 187
Articles of impeachment were ordered to
be printed. ...
Bill to repeal the act extending the lim
its ot the town of Goldsboro was then taken
up.;,,. - :.,
Mr. Olds moved to amend by striking out
ninety days as a qualification for voters, and
insert thirty. ; The amendment was rejected
yeas 11, nays 20.
The whole power of registration is pu. in
the hands of one man, who is named in the
bill. . . - - ' :
The bill then passed its final reading,
yeas 21, nays 0. ' ; "-'" - , .
Bill in respect to special tax money was
then taken up. Mr. Jones presented a sub
stitute, authorizing the use of $200,000 of
special tax money in the following mode :
for general government uses $150,000 ; for
the insane asylum, $20,000 ; for the institu
tion for the deaf, dumb and blind, $15,000 ;
forjthe penitentiary, $15,000. The bill au
thorizes the Treasurer to expend $75,000 of
such moncys'.as may hereafter be placed to
the credit of that fund, for the benefit of '
these benevolent institutions,, at his discre
tion.:. I . ..;).,. "f ; t
Mr, King was opposed to that section of
the bill which requires that this money shall
be reimbursed. If this special- tax moneys
is illegally iu the treasury;1 it ought not to be
replaced, the taxes shoma, he reduced so
that the people's burdens may be lightened.
But to reimburse ihis fund ;w ill make such'
eduction impossible, .vrT-j! j 7 ? v
" The; Senate refused 'to Btrike out the sec
tion. '.-W-U -'i-
-Jhe substitute was adopted and the bill
passed its final reading, yeas 32, nays 4.
The select committee to which wasjefer
red the bill on mileage and per diem re
ported in favor ot concurring in Jhe House
b8l.r This bill gives members'fivo dollars 4
day." And 'the Senate concurred, yeas20;
A bill authorizing an election of the
Keeper of the Capitol to-morrow, also au
thorizing the General Assembly to electa
suitable person to fill vacancy - by 1 death or ;
otherwise passed all its leadings, yeas 26,'
nays 2, . . , ..';B i: ' , j
Mr. McCotter was granted leave of ab-j
sence from and after to-morrow. " ;
Senate adjourned till to-morrow at 10
O'clock.. . '.;..!!. ' -! .'; . ',
HOUSE OF REPRESENTATIVES.
night session.' Jv. ", .
v ' 7r Monday, Doc. 19, 1870,
I
The House met at seven and a quarter
o'clock. j.fV ; v '
Speaker in the Chair. ; . t t,.v, j
, Mr. Dunham's resolution to send a mes--sage
to the Senate informing that body ot
the action of the House in relation' to im
peachment was taken up and. adopted by a:
party vote.:,, ; r. : ,..,n '.HiA
' On motion of Mr. Broadfoot, the rulea
were suspended, and a bill concerning the,
municipal elections ot the town of Fayette-
ville was taken up. Provides that the Sher
iff of Cumberland shall register voters and
hold an election for Mayor and Commission-;
ere on each 1st of January.': The, registrar ;
allowed to challenge. Any person haVingJre-'
sided in the county 12 months, and owning
property in Fayctteville allowed to vol e. j
; Mr. Broadfoot called the previous 'ques
tion on the passage of the bill on its second'
reading; ' The call was sustained and the
bill passed its second reading by the follow
ing vote: "" " ' - '' ' '
Yeas, Messrs. Anderson, Ashe, Atwater,
Broadfoot, Clinard, Crawford, Currie, Dick
ey, Dunham, Furr, Gambrel, Gore, Gullick,'
Grayson, Gregory, Henderson, Hill, Joyner
of Johnson, Jordan, Kelly of Davie, Ke'sey,1
Lassiter, Martin, Marler, Maxwell, McAIee;
McCauley, McNeill, Mitchell, Page, Powell,
Regan, Scott, Settle, Sliull, Smith of Anson;
Smith of Wayne, Sparrow, Stanford, Stew
art, Strudwick, Waring Welch) Womack
44. I
Nays, Messrs. Brooks, Bryant of Halfax,
Biyan of Jones, Bryson, Bunn, Buxton, Caw
thorne. Carson, Chamberlain, Collis, Cope-(
land, Dudley, Duckworth, Ellison, Faulknerj
Fletcher, Garrison, Gatling, Goodwyn, . Har
ris of Franklin, Harris of Guilford, Hargrovej
Hardy, Jones of Northampton, Justice, Lyon,
Mabson, Morris, Morgan of Montgomery;
Mills, . Newsome.TNissoii, iParrott, Philips,
Reavis, Robbins, Robinson, Smith Of Hali4
fax, Sykes, Tucker, Tomlinson, Willis, Wilj
cox, York 41. f ' "i U u --it-.k j
Mr. Page moved; a : reconsideration of the
vote just taken;, and .tersely illustrated his
motives for the adoption of his motion.
Mr, Justice said that he had never seen
nn instrument of law so shamelessly, vio4
lenily and recklessly trampled upon as wasj
the Constitution of North Carolina at the
present i time. This , bill plainly makes a
property qualification. He favored reconi
sideration. - : j
Mr. Lyon reminded the friends of the
bill that, aside from its unconstitutionality,
the passage of it would besetting a danger
ous precedent. Political ascendencies are
by no means permanent. We should look to
the future. '
Mr. Mills was not satisfied as to the con
stitutiouality of the bill and could not;
therefore say anything in its favor. j
Mr. Ashe was opposed to reconsideration.
The bill was not. unconstitutional. - .j
Mr. Justice As the bill provides that a
citizen shall be able to show a poll tax reJ-
ceipt before he can deposit his ballot,.wbatj 4
let uic usiv iuq geuiiciuau, wiu ue uu whb
old men who are beyond the age taxable t
' Mr. Aslie Well, Mr. Speaker, (hesitating)
I don't know how about that. Laughter.
Mr. Page resumed the floor and Bpoke at
lenght in favor ot the motion to reconsider.
Mr. Jones, of Caswell, moved- to lay the
motion to reconsider on the table but was
of the opinion that . he would Dot vote for
the bill on its final reading. -.: j
The motion to table prevailed. Mr.
Welch in the Chair. ; , ;
Mr. Page inquired if a motion to lay the
bill on the table would be in order. j
The Speaker pro tem - held that as the
previous question was ordered on the secr
ond reading of the bill, it applied to the
thi:dreading also! : - .(
The bill then passed its final reading. ,
On motion of Mr. Jones, of Caldwell, the
rules 'were suspended, and a resolution
providing for the appointment of a Joint
Committee to investigate all affairs in con
nection with the University, the pay of the
Faculty, condition of buildings, &c, and
report, was taken up and adopted. '
: Mr. Mills introduced a resolution revok
ing certain leaves of absence, &c. Calendar.
The House then adjourned. f
j. - ... .... ; . Tuesday Dec 20, 1870. j
The House met at ten o'clock.
Prayer by Rev. Mr. Tucker, of the House.
Mr. Page obtained leave to change his
vote from the affirmative to the negative on
: the second reading of the Fayetteville bill.
. Mr. Johnston, of Buncombe, presented ia
memorial from certain citizens of North
Carolina, in regard to the construction of
the Western Division of the Western N. C.
Railroad.' Referred.' j
Mr. Sparrow, arose to a question of privi
lege, stating that he was incorrectly report
ed in the proceedings of Monday, as saying
that in the case of the impeachment of Pre
sident Johnson, members of the bar were ac
tually employed tq aid in. conducting the
trial. He said that authority to call in
members of the bar existed, but that their
assistance : was ;never required Further,
that the resolution of Mr. Jarvis, providing,
for the employment of counsel, specified no
number, ..but left it, discretionary with the
committee.:, In specifying the number
seven the reporter was in error. Reports id
Mr. Gregory a resolution giving authority
to the Committee of Managers of Impeach
ment to employ a Cleik. Calendar. F
Mr. Johnston, of Buncombe, a resolution
providing that the bill . of indictment,
found by the Grand Jury of Buncombe
County against George N. Swepson and Mr.
S.iLittlefield, be placed in the hands ot the
Governor,' that ihe ; parties may be;appre
he'nded' ind arrested. ''-'' !
Mr. Sykes a resolution in relation to print
ing of the rules of the House. No rules
yet having been printed.! Calendar.
On motion of Mr. Gregory, the rules were
suspended and the resolution empowering
the Committee of Managers on Impeach
ment to employ a Clerk, was taken up. j
Mr. Dudley moved to lay the resolution
on the table. Lost. ..'."'. j ;
, The resolution was then, adopted. j
Mr. Strudwick introduced a resolution
proposing that the House as a body accom '
pany the committtee of , managers on the
part of the House on the subject of impeach
ment to the Senate chamber, at 11 o'clock.
Adopted. : -; ' ' ' ' ' , I
The board of managers then appeared be
fore the Speaker, and received the articles
of impeachment; and , the "Conservative"
mem hers of the House in proper order pro
ceeded, with the board, to the Senate Cham--'
ber. , i
See proceedings inihe Senate. j
, ,At 10 minutes before; 12; the Conservative
members ot the House returned, and the'
House was re-organized for business. . j .
A message ' was received from the Senate
with information that that body had passed
a bill concerning a convention of .the pen
pie, and asking concurrence. ,
On motion of Mr. Johnston, of fiuhenbe,
the bill was ordered to be printed and made
special-order for WcdnRKrlnv f. 19 nVtnW
The bill was not read. , f y :
A bill for the jelief of John Hortoo "sher
iff of Watauga, was taken' tip, under suspen
sion of the rules, and Semite Amendments
concurred in. -"y ' Ivi T1 .
On motion of Mr. Joyner, 4F Johnston,
the rules were suspended, and a bill to make
failure to work on public toads a misde
meanor, fine $5, was taken up.
I JRicpmraitfedJto Committee on counties
and'towhsihps.
J3l ffiof m -ofvue.helegwere
suspended and a Senate bill concerning In"
spection . for i-the city of Wilmington was
taken up. Repeals all acts heretofore framed
in relation !to. spectors,n-weighers, ' &c., of.
Wilmington., u-,! r.iiua-iult .vS ; i
Mr. Mabson moved to amend by striking
jout. "Superior court,: clerk,". Wherever Jhe
words occur, and inserting "Board of coun
ty commissioners.n He was opposed to in
vesting the clerk with the power of appoint-i
ment of inspection, &c, as he, the clerk,was
only one masf. ' The Board of Commissioners
being constituted, bf a number of business;
men of t,he city, were more competent toj
judge of the fitness of a person ,lo act as in
spector or weigher.', -Rejcctedi r
The bill then passed its:2n4 and 3rd rcadj
injrs. ... '
" On motion of ' Mr.','Robiflshn '',,the rules!
were suspended, and a resolution to restrict
lie Treasurer Ein purchasing stationery was?
taken up and adopted. ...'.T-h '..v7 ' i
On motion of Mr. Houston the rules were
suspended and a bill amendatory of an act
to incorporate Jhe town of Hickory Tavern
was taken up and passed its second and,
third readings. ; Legalizes' all; acts of the
mnnicinal officers."! ' .'" 1 , '. . " , i
On motion of Mr. Lassiter the rules, were J
suspenaeu ana a dui 10 appoiui. a vua cui-j
lector for the county of Randolph was taken,
up and passed its second and third readings
Allows the County Commissioners to apj
point. "r' ; '- 1
On motion of Mr. Nicholson the rules
were suspended and a bill ' to define the)
powers and duties ot the Commissioners ofj
Iredell county iu relation ;to keeping np a
certainiridge was taken up and passed its
second and third readings. - 1
On motion of Mr. ' Johnston of Buncombe;
the' resolution providing for the arrest of
Littlefield and Swepson was taken up and
adopted. ; ,, , , !
On motion of Mr. Jordan, the rules were
suspended, and a House bill creating a com-!
mission to enquire into: charges of corrup-,
tion and fraud was taken up. Bill provides
for a commission of three to investigate im!
putations of bribery against any and every
official of the State, &c, ''during the last;
few years.!' - ... j
Mr. Strudwick moved to amend the firti
section of the bill by inserting five instead
of three commissioners. .. Lost. . ' j
Mr. Dunham moved to amend the bill by
allowing each commissioner' $5 per dayj
during service.1 Lost' 1 ' -
-Mr. Sykes moved to amend by1 inserting
the name ot Josiah Turner, Jr.; as one of the
commissioners, in place f : Robert Strange;
Lost, i- . - .-, I ..!:-.! i
The bill then passed its second reading by
a unanimous vote. The commissioners are
David S. Rfcid, Robert Strange and M. Vi
Lanier. '' ' '' " -'' I
On motion of Mr. Jordan the : House thei
adjourned to meet again at 7i o'clock, p. 1C
' Note In the printed report of yesterday
morning's proceedings the name of Mr. Har
grove, of Granville, was accidently omitted
in the vote on the question of concurring in
the report of the committee ot the whole on
the subject of impeachment. ' The journal
snows ituu jtir. tt. voted "no.". ,
SENATE.: .-w.v .
Wednesday, Dec. 81, 1870.
The Senate met at 10 o'clock .'
. President in the Chair. , " ;
Prayer by Senator Norment . ' '
Mr. Lehman rose to a question of privi-.
leL'g. ''The report in' the Sentinel, misrepre
sents film Wilen it reports him as having
Changed his views as before ' expressed, by
- ... : .1. i i it . n . - . i . , t
viuiug una, iu ciin u wouveuiion oj me ieg
islature it required a two-third vote of the
General Assembly for the reason that the
Constitution is one of limitations of powers,
and that while the people are not bound by
such limitation in calling . a Convention.
See Con., Art. 1, 8ec 37, the General Assem
bly is, see Con. Art. 13, Sec, 1. i
The, bill concerning the Wilmington &
Onslow Railroad passed its third reading.
A bill for the relief of the North Carolina
Railroad Company, passed its -third read
ing. ' .' : , I
Mr. Cook introduced a bill in relation to
the Library." This bill makes the Librarian
annually elected by the General Assembly.) j
. On motion of Sir. Albright the Senate sus
pended the rules, took up, and passed through
its several readings the bill for the relief of
the Sheriff of Chatham. Ayes 32, nays none.
Bill for the relief ot the Sheriff of Robesoh
passed its final reading. " Ayes 83, Days none.
A bill for the relief of the tax collector of
Cherokee, and of his sureties passed tlic
third reading. , i v , .,.,: I
Also, on motion of Mr. Gilmer,: a bill for
the relief of the Sheriff of Guilford.
' Also, a bill for the relief of the Sheriff of
Rockingham. ' ' ' . - j
. Mr. Speed, of Pasquotank, called up the
bill concerning duck in Curritttck, forbid
ding such fowl to be : killed ' by cannon
planted on the bank, or by a gun that any
holder can't hold in comfort on his shoulder.
The matter was in some confusion. Two
able lawyers had discussed it, but could not,
come to a conclusion,' at least not such that
you could trust it.: The bill was read again,
and then it was read again and passed the
Senate. '' ': ( -.--i j
On motion of Mr. Gilmer, a bill for the
relief of the Sheriff of Guilford, passed its
several readings. ' , ,
Mr. Gilmer introduced a bill to amend
section oei, cnaprer isa, pnvate laws.
Mr. Olds spoke in opposffion to' the bi
and the bill passed. " ., J' ,
Mr. Troy called up a bill repealing tlje.
bill authorizing a special tax in,, Jones
County. !;: ,',-, .; ,. ,.,.tt't .., j
Mr. King did not see the object of the
bill. : A suit is now pending' in the Su-.
preme CBurt on this very subject.
' Mr. Graham opposed the bill, because tbe
authorities of Jones employed a citizen of
Orahgfe to build a jail and had never paid
him. He Was in favor of letting them be
taxed awhile. Bill referred to the Commit
tee on the Judiciary." ' :'! s ,
Mr. Gilmer4introduced a bill to amend
section 49, chap: 93, laws of 8 and '69. j
'"Mr. McjCIammy a bill 'to incorporate the
Wilmington Stcamfire Engine Company. I
Mr. Bellamy a bill to require the Stale
Treasurer to pay to the County Treasurer bi
Edgecombe the school money ot that Coun
ty. Referred t Committee on Education.!
.- Also, a bill authorizing the County Coni-,
missioners to lay a special tax. Referred.?
Mr. Lehman, a bill incorporating the town
of Jackson onder the name of Stonewall, j
Also, a bill to incorporate Mount Yernon
Academy. . .- . - . . j
Mr. Morehead , moved to reconsider the
vote by which the bill concerning the special
tax in Jones, was referred- j
A memorial was presented on an the sub
jeetsetting forth the impoverished condition
of the county. ' ' - .- ' J
Mr. Warren thought if the builder of tie
jail bad no: got his pay be hus his legal
remedy.'. : . . .-- ' . ,i ,(,.., .
- Mr. Graham had no objection to repeal
the tax of 1870, bnt the tax for 1869 has laid
in part for this very outlay. ;' j '
.' Mr. Jones thought this repeal would riot
secure the relief sought for.' ' , ! f';
' " The Senate agreed to reconsider. j
Mr King offered a substitute. , ! ,
: Mr. Dargan favored the bill.,'.
Mr. Moore knew the taxes in Jones could
not be paid. He knew $5,000 tax had been
levicLbut not collected. He favored the
hili:v , . .
.JIr. Graham moved to amend bvprovidintr
that this act shall not be construed to repeal
so mueli of the law as authorizes the levying
of a tax to build a jail.
'--Mr, King withdrew his substitute. :
Amendment lost, ayes 15, nays 21.
'-.-'Bill passed its third reading, yeas 29,
nays 8.
' Mr. King was excused from voting.
A message from the House was received
announcing the passage of the bill.to repeal
the corporate hpifsSfiaowiofiRuther
fordton, accompanied by an amendment
Aba4tbeJji!Js
agreed to by a majority of voters in the town
aa originally constituted, and asking oonenr
jence,, i if Hi X If J ,;
Mr. AVhiteside hoped the Senate would not
concur.--
MrOJds ).bpught..that,as it .wa fair to
presume that the House had full'knowledge
of tho factsf h'wa therefore LinT favor of
concurrence. : - - .
JIessrs. Jones and, Merrimon, spoke in op
position to concurregpe.'and genate "refused '
,tov coriciir. 2
rML Batfle'.andrJpkwreanted
leave of absence
Mr. Try introduced bill tj compel
President and Directors t&Railiads to ac
count 9. theij suewssrs forall property and
effeefo.'on'pm'oijmposeuiiiBW inithslpeo
itentiary. Referred.
Bill concerning debts in municipal cor
porations, was taken op; arid- passed its 3d
reading: Ayes 28my8,'Mr. Hyman.
Bill to prohibit justices of, the peace from
practicing Iaw;In CfrUijitns, passed its
3rd reading1, ayea 30.. :"?'t'.f. :'
.! Bill concerning, reinstating the burnt re
cords of Clay county ' passedts 3d reading.
;i.Bill authorizing, the . commissioners of
Randolph county to-appoint a , frtifrapHeoUM,
passed its 3d- reading.. - th :,.!
Bill to allow to all the commissioners oi
Orange to levy a special tax passed. Ayes
32, navB, Messrs. Eppes, Hyman and Price.
Mr. Love rose to a question of privilege.
The,- leading articlem the Standard of this
morning was, a tissue of falschobds from be
ginning t'oend,, and totally misrepresented
his position. His objeclion';to Mr. Ashley
was not that ha was a Northern man.
: Mr. Price asked the Senate to suspend
the rules ia order that be, mighJt!Ii'itroduce
a bill. The Senate refused, and adjourned.
HOUSE OF
REPRESENTATIVES.
,,.,....,;. .night psasaa1r..liU
.; , , , ,i. Tuesday, December ?0, 1870.
The House met at 74; o'clock. i
Mr. Strudwick in the Chair..
' A Benate bill to provide fori the removal
of certain suits to adjoining districts, when
the Judge is interested, . &c.f ' Was taken
from the calendar and jiasaed'its , third read
ing. ' i' i; ' Vi .,',-,
On motion of Mi. Wclcb, the' rules were
suspended, and a Senate bill providing tor
the loan; from tlie Public Troasury, of two
hundred .thousand dollars of the special tax
fund no ' therein deposited, ' lor the pur
pose of conducting the State "Government,
was taken up and pnssed .lts 'second and
third readings. "' -'"-l''"
" On motion ot Mr. Gregory,) the rules were
suspended;- and a 'Senate bill to.txtend the
time for collecting and paying over taxes for
the county' of Martin,' .wag- taken np and
passed its second and third readings.
On motion of Mr. Dunham, the rules were
suspended, and a Senate bill inrelation to
. municipal . clectipns.ywas.. taken up. Re
quires , a. residence ot ninety days in the
town or.;city,,,udiaten ,days in .the ward. '
Fixes the time ot election in all towns and -
cities, except for 1871 in Washington; on
fka firof Mtnlair in Mn it-ftf-pnrh vrar Dnp9
not affect Fayetteville, :j-.:, i " f ' '
' Mr. Sykes moved to postpone the consid-
Kratinn nf the hill- till the 24th lav Januarv. .
1871. The bill, if passed, would do great
injustice to a very considerable number of .
our fellow citizens. . Its provisions' are emi
innnt.lv unwarranted and. decidedly wronff:.
Lost. ...i i' i n,, - ... .
The bill being i on its: 2nd, reading, Mr.
Dunham called tbe- previous question,: and
call was sstauJi- v ;Ef
to amend by striking , our-sovmncfl "bffrfS --
bill as allows voters la he clfalleoged,Jn the I
dayof election.'. Lost wOtJ f; '' ..'it'
Mr. Page having. "gWehi-notic?, movijo ; t
amend by striking out the :4th '.section. -'-Amendment
substantially the &ime as Mr.
HargroveV Lost'f1' Hi- "
Mr. Phillips, having ' given Motice. moved
to amend by excluding from; the provisions
of the b;ll the city of Raleigh, . ; j
Mr. Sparrow-rJrlr. .Speaker, I: hope this
amendment will nqt be adopted. I under
stand that the citizens of Raleigh do not de
sire this.' ;: "' v1 " . : i -I: -ji.ii'
" The Speaker called Mr. Sparrow' to order.
No discussion allowable, under call for the
previous question. f" " -
, Mr, Phillips,-r-It seems extraordinary that
this city or county should have any special
representatives iu this house besides my col
leagues and myseif.n;! ,:-iu-:s,
The amendnlent' wa8:rcjected.'1r.
: Mr. Sykes,; having given notice, moved
to amend py inserting the.. worda'"Provided
that nothing in f his bilj .shall apply to the
towns of Elizabeth Cily or Oxford." Lost.
The bill then passed its 2nd reading.
The House then adjourned."- '
j i -,! -); -s;;.I 1;- f
I c j ' Wednesday, Dec, 21, 1870.
nouse met at 10 o'clock. ... ,-
Speaker in the chair.-: I ' , v --,,'
Prayer by Rev. Dr. Mason of the city.
Mr. Tomlinson-introduced a bill fo pro
vide for the better protection of the wool
growing interests of the State. (Taxes each
dog one dollar.. i Money to be used for edu
cational purposes. ; Calendar.vj; 1
Mr. Johnston, of Buncombe, bill to au
thorize the construction of,: turnpike from
Malone,fc Wilson's-storo in' McDowell ' to
Flat . Creek in: Brtncombe:j' county, to be
known as the Swannannoa Gap Turnpike.
Asks no? appropriation. j Passed 2nd and
3rd readings under -suspension of the rules.
On motion of Mr. Smith, of j Wayne, the
rules were suspended and' the- House con
curred, in Senate .amendments to a bill
amendingthe charter rf Goldsboro.
,. -! Mr. Waring a bill to ascertain and deter
mine the rights and interests of the State in
the Wilmington, Charlotte 'and. Rutherford
Railroad. ) Referred.! i, u.
On motion :of Mr.: Dunham, the general
municipal bill which passed 2d reading on
Tuesday night was . taken- up, under sus
pension of the i rules. , - : r
The bill being on its final reading, Mr.
Dunham called the previous question.
On the call for the previous question, Mr.
Page called for the yeas and nays.'
Mr. Strudwick insisted that a call for the
yeas and nays in such a case ' was clearly out
of order, and read from Barclay.11
I - Mr. Sykea hoped that as Mr. Strudwick
was chairman of the committee: to superin
tend the printing of the rules, he would
have thcui prepared as soon' as possible.
We have now been in session "thirty-one
days, and no rules to go by:: He would like
to know how we were to be governed, &c.
The Speaker rnled the call for the yeas
and naysiu order ; and the vote resulted in
a call for the previous question.'
Mr. Page having' given noticemoved fo
amend the bill by striking out the provi
sion excepting the towns of Fayetteville and
Washington from its provisions. Lost.
Mr.Sparrowi having given notice, moved
to 1 amend sb follows t 'after -fthe word
Washington in the sixth1 section' insert the
words - and G. klsboro, and' at ' fhe end of
the clause insert the followinu'r and all nffi
cers who shall be elected In 'said tni-ria of
Washington and Goldsboro,' at the election
in January, 1871, shall continue to hold of
fice till the regular 'election in1 May, 1872;
Provided . further iiiWJin1, all t cities and

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