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LIBRARY

OP THE

University of North Carolina

This book was presented by



tCM




UNIVERSITY OF N.C. AT CHAPEL HILL



00032750773



FOR USE ONLY IN
THE NORTH CAROLINA COLLECTI




BIENNIAL I1EPOET









SECKETARY OF STATE



TWO FISCAIi TEARS ENDING NOV. 30, 1912



BIENNIAL BEPOBT



SECRETARY OF STATE



TWO FISCAL YEARS ENDING NOV. 30, 1912



RALEIGH

E. M. Uzzell & Co., State Printers and Binders

1912



CONTENTS.



I. Public Lands.

II. Grants Indexed.

III. Supreme Court Reports.

IV. Corporations.
V. Trade-marks.

VI. Banks.

VII. Railroads.

VIII. Automobiles.

IX. Enrollment of Bills.

X. Laws.

XL Legislative Reference Librarian.

XII. Payments to Treasurer.






BIENNIAL REPORT



SECRETARY OF STATE



TWO FISCAL YEARS ENDING NOVEMBER 30, 1912.



State of North Carolina,

Department of State,
Raleigh, December 1, 1912.

To His Excellency, William W. Kitchin,

Governor.

Sir : — I have the honor to submit herewith to you a report
concerning the Department of State for the two years ending
November 30, 1912, and to request you to transmit the same
to the General Assembly.

PUBLIC LANDS.

There have been issued from the office of the Secretary of

State within the past two years 255 grants of public lands, on

which account there has been paid into the State Treasury

$13,319.25. These grants were as follows for the year

ending —

Nov. 30. Nov. 30,

inn. ion.

Regular grants 121 124

Cherokee grants 2

Oyster grants 1 1

124 131

The regular grants were in the following counties :

Counties. 1911. 1912.

Alexander 1

Alleghany 1 5

Anson 1

Ashe 6

Avery 1

Beaufort 2



4 Biennial Repoet

Counties. 1911. 1912.

Bladen 1 1

Brunswick 5 • 10

Buncombe 1

Burke 2 3

Caldwell 1

Oarteret 2

( 'atawba 2

Cherokee 1

Clay G 4

Cleveland 1 1

Columbus 2 3

Craven 3

( 'ii i iiber land 4

Dare 7 3

Duplin 1

Durham 1

Gaston 3

Graham 4 16

Haywood 1

Henderson 2 1

Jackson 2 5

Jones 1

Macon 4 12

Martin 1

McDowell 6 2

Mitchell 5 2

Montgomery 4 1

Moore 5 2

New Hanover 2

Pamlico 1 1

Pasquotank 4

Pender 3

Perquimans 1

Polk 2 2

Richmond 3 4

Robeson 1

Rutherford 2 2

Sampson 1

Stanly 3

Surry 4 3

Swain 5 2

Transylvania 2 1

Union 1

Washington 1

Watauga 5

Wilkes 9 12

Yancey 1

Total 121 124



Secretary of State.



The following is a table of grants issued since 1882

Number grants issued two years ending December 1, 1SS2.

1,189 ; amounts paid Treasurer $

Number grants issued two years ending December 1. 1S84.

1,329 ; amounts paid Treasurer

Number grants issued two years ending December 1. 1886,

990 ; amounts paid Treasurer

Number grants issued two years ending December 1. 1888,

893 ; amounts paid Treasurer

Number grants issued two years ending December 1. 1890.

1,453 ; amounts paid Treasurer

Number grants issued two years ending December 1. 1892.

1.358 ; amounts paid Treasurer

Number grants issued two years ending December 1. 1894,



703
Number

547
Number

599
Number

665
Number

732
Number

7S9
Number

488
Number

529
Number

317
Number

255



amounts paid Treasurer

grants issued two years ending December 1. 1896,

amounts paid Treasurer

grants issued two years ending December 1. 1898,

amounts paid Treasurer

grants issued two years ending December 1, 1900.

amounts paid Treasurer

grants issued two years ending December 1, 1902.

amounts paid Treasurer

grants issued two years ending December 1. 1904,

amounts paid Treasurer

grants issued two years ending December 1, 1900.

amounts paid Treasurer

grants issued two years ending December 1. 1908,

amounts paid Treasurer

grants issued two years ending December 1. P. no.

amounts paid Treasurer

grants issued two years ending December 1. 1912.

amounts paid Treasurer

GRANTS IXDEXED.



10.912.87

13.1S0.73

5,975.69

9,493.49

15.570.43

16,831.11

5.200.73

9.234.40

0.337.13

6,384.69

6.911.88

11,230.60

10.511.47

10,025.49

9,695.85

13,349.25



The General Assembly of 1911 continued the appropriation
of $1,500 per annum for establishing a card-index system for
grants, and to arrange and change the method of filing war-
rants, plats, and surveys in the Secretary of State's office.
This work has been slow, tedious, and disappointing in results,
but as the work progresses, the necessity of it and the con-
venience of rearrangement, indexing, etc., become more em-
phasized.

The work has been partially done down to 1838, covering-
Grant Book 145. In the past two years approximately



6 Biennial Report

40,000 index cards with full descriptions have been prepared ;
(30,000 envelopes with full description of plats and surveys
have been written ; and warrants, plats, and surveys for about
40,000 pieces of land have been classified, arranged, and jack-
eted. I recommend that this work be continued.
The appropriation has been expended as follows :



W. P. Batchelor. . .

J. A. Clark

Miss A. ('. Bledsoe.
Mrs. M. B. Syme . .
W. II. Sawyer



1911..




1912.


$ 555.53


$


249.99


225.00




150.00


402.00




37.4.00


312.00




476.00
250,00



$1, 494.53 $1,499.99



SUPREME COURT REPORTS.

It is now possible to supply full sets of Supreme Court
Reports except volume T ( .>, which is very recently exhausted.
Judge Walter Clark is now annotating' that volume for the
second time, and it will soon be reprinted again. The sales
of Reports for the last two fiscal years have been —

For year ending November 30. 1911 $ 8,152.49

For year ending November 30, 1912 8,878.06



$17,031.55



The sales of Reports for the past few years have been as
follows :

Two years ending December 1. 1882 $ 3.352.40

Two years ending December 1, 1884 4.626.90

Two years ending December 1, 1886 3,253.00

Two years ending December 1. 1888 3.762.49

Two years ending December 1. 1890 4.002.02

Two years ending December 1, 1892 2,618.01

Two years ending December 1, is«)4 621.12

Two years ending December 1, 1896 6,026.89

Two years ending December 1, 1898 5.759.55

Two years ending December 1, 1900 7.692.59

Two years ending December 1, 1902 7.026.S9

Two years ending December 1. 1904 9,842.25

Two years ending December 1. 1906 15.034.54

Two years ending December 1. 1908 14.661.74

Two years ending December 1. 1910 17.482.00

Two years ending December 1, 1912 17,031.55



Secretary of State. 7

The Reports are still corded in piles in the upper stories of
two buildings downtown. For one of these floors the Secre-
tary of State is paying $20 a month, and for the other floor
(a much smaller and inferior place) $30 a month. Both
places are unsuited, and it is hoped that the basement of the
new State building will be fitted up for the proper keeping of
the Supreme Court Reports and other books belonging to the
Start'.

The State is still urgently in need of a building sufficiently
large to accommodate the overcrowded departments. It will
be a cause of ever-increasing regret that the General Assem-
bly of 1911 did not think proper to acquire the two blocks
bounded by Edenton and Jones and Wilmington and Salis-
bury streets and erect across Halifax Street a modern, up-to-
date, fire-proof building that would meet the needs of the State
for fifty years. These blocks would have given a square
the same width as Union Square, on which the Capitol stands.
It w<mld even now be an economy to acquire the balance of the
block between Halifax, Jones, and Salisbury streets. The
State owns half of this block, and should secure the other half,
which is 210x210 feet.

The space between the Olivia Iianey Library and the lot
owned by the State on the northwest corner of Salisbury and
Morgan streets should be bought by the State, as the ground
space will soon be needed. It can be bought now very much
cheaper than it wilLcost in a few years, even though it is held
now for more than twice what it could have been purchased
for five or six years ago.

CORPORATIONS.

There have been 2,078 certificates for domestic corporations
filed in the office of the Secretary of State for the past two
years, on which $18,616.50 as organization, amendment, and
dissolution taxes have been paid. The dissolutions have been
as follows :

December 1. 1910. to November 30, 1911 238

December 1. 1911, to November 30, 1912 370



8 Biennial Report

The following is a table of corporation certificates filed

since 1893:

For the year ending November 30, 1S93 21

For the year ending November 30, 1894 115

For the year ending November 30, 1895 133

For the year ending November 30, 1890 151

For the year ending November 30, 1S97 117

For the year ending November 30, 1898 156

For the year ending November 30, 1S99 207

For the year ending November 30, 1900 306

For the year ending November 30, 1901 327

For the year ending November 30, 1902 » . 395

For the year ending November 30, 1903 554

For the year ending November 30. 1904 540

For the year ending November 30. 1905 697

For the year ending November 30, 1900 S21

For the year ending November 30, 1907 839

For the year ending November 30, 1908 703

For the year ending November 30, 1909 1,050

For the year ending November 30, 1910 1.058

For tbe year ending November 30, 1911 9S5

For the year ending November 30, 1912 1,093

I ask your indulgence to quote here from my 1910 report :
"The present method of collecting the various taxes and
statistics required by law from the corporations of the State
is confusing and burdensome to the corporations, and re-
quires fully twice as much clerical labor in the various de-
partments as is necessary. Reports for obtaining the amount
of excess tax due by corporations are made to the Corporation
Commission. That body, after making out a statement of
the amount due, certifies a list thereof to the State Auditor,
who notifies the corporations of the amount and asks a remit-
tance to the State Treasurer, who is required to collect such
tax, and also a franchise tax from the same corporations, to
which he sends blanks for that purpose. In addition, the
Secretary of State is required to cause each corporation to file
in his office a statement giving amount of capital stock au-
thorized, the amount issued, and the names and addresses of
the officers and directors.

"All these reports, statements, and calls for taxes of differ-
ent kinds should be covered by one report to be filed in one



Secretary of State. 9

office, and all taxes should be paid into that office. This plan
would relieve the corporations of the necessity of making re-
ports to all these officers, and at the same time save a consid-
erable amount of money to the State in the way of postage and
clerical work. The work necessary in any one of these depart-
ments to handle all these matters would not be considerably
greater than it is at present, when handling only one kind of
tax or one kind of report or statement. The corporations of
the State will some day insist upon the modernizing of present
cumbrous and vexatious methods, and ask that their reports
be simplified and consolidated. In addition to reports to the
State, Federal reports and taxes are now required."

TRADE-MARKS.

For the two years ending November 30, 1912, 57 trade-
marks have been registered. A list of these will be appended
to this report.

For year ending November 30. 1911 31

For year ending November 30. 1012 20

BANKS. '""

Seventy-four banks have filed certificates in this office
within the last two years. A list of the same appears else-
where in this report.

For year ending November 30, 1911 36

For year ending November 30, 1012 38

RAILROADS. ~ 4

The following railroads have filed certificates in this office
since my last report :

DECEMBER 1, 1910, TO NOVEMBER 30, 1911.

Durham and Southern Railway Company (amendment increasing
capital stock i.
• Mount Mitchell Railroad Company.

North and South Carolina Railway Company (consolidation).

Sanford and Troy Railroad Company (certificate increasing capital
stock ) .

Swannanoa Railroad Company (reorganization).



10 Biennial Report

december 1, 1911, to november 30, 1912.

Atlantic and Western Railroad Company (increasing capital stock).

Carolina and Yadkin River Railway Company (increasing capital
stock ) .

Goldsboro, Seven Springs and Swansboro Railroad Company.

Greensboro, Roxboro and Norfolk Railway Company (name changed
to Greensboro. Northern and Atlantic Railroad Company).

Pembroke, Red Springs and Northern Railroad Company.

Piedmont Railway Company (name changed to Carolina and Yad-
kin River Railway Company).

Piedmont and Eastern Railway Company.

South Atlantic Transcontinental Railroad Company (name changed
to Southern Atlantic and Western Railroad Company).

Yadkin River Railroad Company.

AUTOMOBILES.

Within the last two years 4,088 automobiles have been

licensed.

Number of automobiles prior to December 1, 1910. 2,018
Number of automobiles registered December 1.

1910, to November :jo. 1911 1,686

Number of automobiles registered December 1.

1911, to November 30, 1012 2,402

Total number now licensed 6,106

The amounts collected from automobiles for registration
and renewal of licenses were, for —

Year ending November 30, 1911 $11,181.00

Year ending November 30, 1912 16,462.00



$27,643.00



The experience and observations of the last two years must
impress the public that more stringent regulations are neces-
sary for the protection of life and limit, and that law enforce-
ment must be required, as some consideration is due his
fellow-man even by a chauffeur. In my last report I said:
"The General Assembly of 190!) enacted chapter 445. 'An act
to provide for the registration and identification of motor
vehicles, and to regulate the use of public highways by such
vehicles and persons passing such vehicles, and to provide
penalties for the violation thereof.' The chief purpose of



Secretary of State. 11

this act was an attempt to abate the nuisance of dangerous and
reckless driving' by vicious or inconsiderate motormen.
From many sources information comes of the nonperformance
of duty by officers of the law, and there is much complaint at
the heedless fast driving by unknown or irresponsible people.
The law should be made stronger, penalties should be more
severe, and the law officers should be more alert. There
should be a personal and criminal liability for accidents
caused by indifferent or heedless driving or speeding in vio-
lation of the law. This would be welcomed by law-abiding
owners of automobiles, and is a protection that the public is
entitled to."

When the law was drafted there were supposed to be about
1,000 machines in the State, and in framing the law, I re-
quested that the Secretary of State be allowed $300 per
annum extra clerk hire to put into operation the act. This
sum is now entirely inadequate, and much of the time of
clerks in the Secretary of State's office is taken which should
properly be devoted to the other work of the office. The gen-
eral work of the Secretary of State's office cannot be properly
and promptly performed by the present clerical force within
office hours even if relieved of the automobile work. The
General Assembly should provide means for having this work
done. The automobile clerical work for which the State
allowed $300 required several times this amount diverted
from the general work of the Secretary of State's office.

While the automobile act was in no sense intended to raise
revenue, it produces quite a handsome sum annually to the
State, and an appropriation should be made sufficient to do
the actual clerical work connected with it. The license fee
is now $5, with a charge of $1 for renewal and $1 for transfer.
The tax should be changed, making a minimum of $5 or $10
for every machine, and the rate to be graduated above that
amount according to horse-power. This change, if sufficient
diligence is shown by local authorities in prohibiting the use
of unlicensed automobiles, would assure the State an income
of $40,000 to $50,000 a year from this source.



12 Biennial Report

enrollment of bills.

The expense of the Enrolling Department in 1911 was
more than it should have been. This was chargeable to the
rush of work done at the close of the session, which, to insure
accuracy, required an unusual amount of proof-reading. In
1005 more than half the bills passed by the General Assembly
were sent to the Enrolling Office in the last ten days of the
session. In 1007 the congestion at the close was more marked
than in 1005. At that session the General Assembly passed
1,535 acts — 1,245, or over 80 per cent, of these were ratified
during the last twenty days of the session; 001 or 58 per cent
of them in the last ten days, and 237 on the last day. In
1000 more than 06 per cent of the laws of the session were
enrolled and ratified in the last ten days of the session. In
1011 over 77 per cent were ratified in the last ten days of the
session. This included many of the longest and most im-
portant bills before the General Assembly, causing an undue
rush, and much all-night work in the Enrolling Department,
and entailed much extra cost in endeavoring to secure accu-
racy with extra proof-readers and other help. In such a con-
fused rush it is almost impossible to have it properly done.
As I said in my last report, "The Committee on Enrolled Bills
and members cannot devote time to examining such a con-
gested mass of bills without neglecting their duties on the floor
of the General Assembly, and they find it a physical impossi-
bility to read over these laws. The hurry and congestion
causes much crude legislation and many inaccuracies." I am
still of the opinion that if the Engrossing Departments of the
Senate and House and the Enrolling Department were con-
solidated, it would be in the interest of accuracy and economy.
The chief officer of the Department could be appointed by the
President of the Senate and Speaker of the House, and he
should be free to select his assistants for their skill and
efficiency. In the closing rush important bills sometimes fail
to get the proper readings as required by the Constitution,
mid cause loss and annoyance.



Secretary of State. 13

LAWS.

The need of a Constitutional Convention is apparent to
every one who has to do with the acts of the General Assem-
bly. The Constitution could be so amended that three-fourths
of our legislation could be dispensed with and many of those
matters consuming the time of the General Assembly attended
to under general laws by the various departments, Superior
Courts, county commissioners, etc. Many of the laws passed
could now be digested, consolidated, or combined so as to save
much time and many thousands of dollars in cost of printing.

In 1909 there were passed 171 strictly public laws, mak-
ing 262 pages. The public and private laws together re-
quired 2,391 closely printed pages. In 1911 there were 215
laws passed classed as public, making 317 pages, and in that
year the public, public-local, and private laws required 2,661
closely printed pages. It will surprise some of the legislators
themselves to note the number of laws that could so easily
have been systematized and consolidated. To say nothing of
many laws referring to cotton weighers, clerks of the court,
arrears of taxes, special taxes, sawdust in streams, local dog
laws, etc., and a few duplicate laws, or the same act passed
twice, the following table of laws, many of which could have

been consolidated, will be illuminating:

1909. 1911.

County and township bonds 47 63

Bonds 45 85

County commissioners 20 42

Court stenographers 9 10

Chicken laws 4 S

Drainage laws 11 20

Game and fish laws 121 107

Primaries S 11

Local courts 14 27

Road laws 04 101

Stock laws 11 20

Jurors 22 6

Justices of the peace 28 12

Cities and towns (including bonds) 222 262

Corporations 26 20

Graded schools, schools and school districts. 120 107

Railroads 27 34



14 Biennial Report

legislative reference librarian.

One of the most necessary officers in ISTorth Carolina is a
Legislative Reference Librarian, or some one charged with the
duties performed by such an officer, as has been found neces-
sary in most of the States of the Union. I beg to call your
attention to the following taken from my report in 1910 :

"Pigeon-holed and inaccessible in rooms and closets of the
Capitol are the bills and resolutions introduced into the Gen-
eral Assembly, and reports and petitions to that body, since
our earliest history. Many of these bills became laws and
many failed to pass. All should be chronologically arranged
and indexed, as they shed much light on public questions and
give much information as to the legislative history of the
State. These scattered papers are known as 'The Document
Library,' and are in the custody of the State Librarian., who
is Legislative Document Librarian. The State Librarian
now has more duties than he can properly attend to, and his
work is growing every year.

"A Legislative Reference Librarian would be a most useful
and economical officer to the State. It could be made his duty
to collect, tabulate, and annotate information for the use of
members and committees of the General Assembly upon all
questions of legislation coming before that body. He should
make references and analytical comparisons of legislation
upon similar questions" in other States, and have at hand the
laws of other States, papers, magazine articles and discussions
of the question both pro and con. Such indexing, tabulation,
and general information would be invaluable to the busy legis-
lator. It could be made this officer's duty to edit all laws for
the State Printer, annotating the laws as passed and keeping
the Revisal of 1905 revised to date. He should also assist in
the preparation of bills for current legislation, thereby avoid-
ing much duplication and much unnecessary printing." .



Secretary of State. 15

payments to treasurer.

1911. 1912.

Automobiles $11,181.00 $16,402.00

Corporations (organization tax ) 23,246.00 25.400.50

Corporation statements 3.T10.00 3,581 U N I

Corporations (foreign) 1,386.50 1,293.00

Corporations (seals) 008.00 009.50

Corporations (fees) 2.012.24 3,218.21

Fees 1.103.10 020.85

Seals 451.50 215.30

Supreme Court Reports 8.152.40 8,878.00

Laws and Journals 535.83 302.82

Miscellaneous 253.04 196.62

Trade-marks 06.40 80.40

Land grant fees S5.90 91.00

Postage 12.30 13.10

Land grants 0.045.79 7.303.40



$59,789.09 $08,324.82

Note. — The amounts of money received by this department (except for entries of vacant
lands) are paid to the Treasurer as of the first of the month following the month in which
they are collected, and so appear in his accounts. For instance, money received by the
Secretary of State for November, and entered in the November accounts of this office, ap-
pears in the December accounts of the Treasurer, and so for the other months of the year.

The Department of State is now charged with many and
varied duties which, considering the steady increase from y< ar
to year, cannot be performed properly and promptly by the
present clerical force in that Department, even working sev-
eral hours longer each day than the office hours fixed by law.
For twelve years the Department has opened for work at 9
a. m., and never closed before 5 p. m., and often night work is
necessary to keep up the accumulating work. It is only rea-
sonable to ask that the office of Secretary of State be supplied
with clerical assistance enough to do the work in the hours
contemplated by law. Some provision should be made to
increase the clerical force in this Department, or provide a
fund, as is done in the Treasurer's and Auditor's Depart-
ments, to take care of extra work that cannot be done by the
regular force.



16



Biennial Report Secretary of State.



In the past two years I have had the assistance of Messrs.
W. S. Wilson, George W. Norwood, Joseph E. Sawyer, and
Miss Minnie Bagwell in performing the duties of the office,
and to them I desire to record my thanks for their aid and
efficiency.




Secretary of State.



S^The Lists of Corporations are now being printed, and will
appear later.



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