688 



NORTH CAROLINA. 



stock of the State in said company for the 

 bonds of North Carolina issued before the 20th 

 day of May, 1861 ; the exchange to he at par, 

 and no interest to be allowed upon the bonds. 

 The exchange must be made, if at all, by Janu- 

 ary 1, 1880. 



By another act convicts are to be apportioned 

 among the works of internal improvement au- 

 thorized to receive them, but in no case are 

 there to be less than five hundred on the West- 

 ern North Carolina Railroad, nor less than 

 three hundred on the Cape Fear and Yadkin 

 Valley road ; and all convicts are to be kept 

 at work on State roads until called for by those 

 authorized to have them. 



A fine or imprisonment at the discretion of 

 the Court, or fifteen years in the penitentiary, 

 has been made the penalty for abducting or in- 

 ducing to leave, or conspiring with another to 

 abduct or induce to leave, any child under four- 

 teen years residing with father, or mother, or 

 uncle, or aunt, or brother, or elder sister, or at 

 school, or with a guardian. The only exemp- 

 tion is to the abductor or inducer who may be of 

 nearer kin to the abducted than the abductee. 



The probate judge, sheriff, and county com- 

 missioners of each county are " a committee for 

 the relief of the blind and maimed." It is 

 made the duty of the probate judge to notify 

 all persons in his county who lost sight, or both 

 hands, or both feet in the Confederate service, 

 that on proof of the fact before the committee 

 they are entitled to receive from him $5 month- 

 ly for life. 



It was made unlawful for any fire-insurance 

 company, unless investing all its assets within 

 the State, to transact any business or receive 

 any premium against loss by fire unless and 

 until it has deposited with the Public Treasurer 

 $10,000 in United States bonds. On this de- 

 posit, in case of a company's failure to satisfy a 

 final judgment against it, the Treasurer is to 

 raise money enough to pay judgment, interest, 

 and costs; and thereafter the company must 

 make its margin good or cease to do business. 

 This law applies to existing judgments. 



Any person who habitually, whether con- 

 tinuously or periodically, indulges in the use of 

 intoxicating liquors to such an extent as to 

 stupefy his mind and to render him incompe- 

 tent to transact ordinary business with safety 

 to his estate, shall be deemed an inebriate with- 

 in the meaning of the statute, provided the 

 habit of so indulging lias continued a year. 



Tar shall be hereafter sold by weight, at the 

 rate of 280 pounds to the barrel, under the 

 same rules that apply to turpentine as to excess 

 of weight. 



A bill to revise and consolidate the school 

 law was introduced in the House on the 27th ot 

 February, passed its three readings, and was or- 

 dered to be engrossed and sent to the Senate for 

 concurrence. It was accordingly transmitted 

 to the Senate, passed its three readings in that 

 House, was enrolled, subjected to the examina- 

 tion of the Committee on Enrolled Bills, and 



reported by them as correctly enrolled. The 

 journals further show that it was duly ratified 

 and transmitted to the office of the Secretary 

 of State on the last day of the session, together 

 with a large number of other acts. Upon as- 

 certaining after the adjournment of the Legis- 

 lature that the signatures of the presiding offi- 

 cers were wanting, the Secretary did not feel 

 authorized to receive it as a law. This ques- 

 tion was presented by the facts: Is it the duty 

 of the presiding officers to sign the bill after 

 the adjournment of the General Assembly, they 

 still being members and presiding officers, with 

 a term of office of two years, commencing from 

 the time of their election as members? The 

 presiding officers declined to sign the bill be- 

 cause the Legislature had adjourned, and stated 

 that they supposed they then had no power to 

 do it. The Secretary of State declined to re- 

 ceive it, as it was not signed. The" Superin- 

 tendent of Public Instruction applied to the 

 State Attorney-General for his opinion. He 

 said: 



The Constitution commands them to sign all bills 

 which have passed three readings in each House ; and 

 while it is usual and proper that this should be done 

 during the session, yet the law docs not prohibit them 

 from signing after adjournment in a case where the 

 facts and circumstances, such as the above, so fully 

 show the necessity for it, and so clearly justify it. 

 The evidence in this case is plenary that the bill parsed. 

 The part taken by the two Houses has satisfied the 

 requirement of the Constitution so far as they are con- 

 cerned. Their presiding officers should now per- 

 form the part which the same instrument requires of 

 them affix their signatures that the law may be valid 

 and operative. Even although the bill has " passed 

 into a law " by the concurrence of the Houses, yet it 

 amounts to nothing without the signatures of the 

 presiding officers ; and their signatures to a bill which 

 has not passed amount to nothing if it affirmatively 

 appears from the journals that it did not pass. The 

 Constitution requires both the passage and the signa- 

 tures to give life to the enactment. The signatures are 

 an additional means and constitutional method of au- 

 thentication, and can not be dispensed with, because 

 the Constitution says, " and shall be signed by the 

 presiding officers of the two Houses." 



Suppose the bill to raise and collect revenue had 

 passed under the facts and circumstances attending the 

 school bill, and had not been signed ; would the Gov- 

 ernor incur the expense to the public of convening the 

 Legislature in extraordinary session, that it may be 

 again considered in order to get funds to carry on the 

 government ? or would the Speakers sign after adjourn- 

 ment ? or would the necessity arise to institute an action 

 to compel them by mandamus to perform the minis- 

 terial act of writing their names ? I take it they have 

 no discretion about signing a bill ? whether they ap- 

 prove the wisdom of the legislation or not ; and it 

 seems to be clear, therefore, that a mandamus would 

 lie in case of refusal. (Cotten -us. Ellis, 7 Jones, 545 ; 

 Bailey vs. Caldwell, 68 N. C., 472.) And furthermore, 

 if this law remains inoperative by reason of the failure 

 to sign as aforesaid, it amounts to the exercise of a 

 power not granted to any officer of our State govern- 

 ment. It would be in effect a veto, and brought about 

 by non-action. 



Legal proceedings were commenced to com- 

 pel the President of the Senate and the Speaker 

 of the House to sign the school bill. On the 

 relation of the Superintendent of Public In- 

 struction, in his official capacity and as a tax- 



