North Carolina manual [serial] (Volume 1951) online

Medford, William Thirty-second Democrat Waynesville

Morris, Llarvey Twentieth Democrat Charlotte

Nolan, Clyde Twenty-seventh Democrat Shelby

Page, J. Thomas Eighteenth Democrat Rockingham

Poole, J. Hawley Twelfth Democrat West End

Powell, Junius K Tenth Democrat WhiteviUe

Price, J. Hampton Fifteenth Democrat Leaksville

Rankin, R. Grady Twenty-sixth Democrat Gastonia

'Reeves, W. B Twenty-ninth Democrat West Jefferson

Sawyer, Thomas B Fourteenth Democrat Durham

Scott, Ralph H Sixteenth Democrat Haw River

Stoney, A. B Twentv-eighth Democrat Morganton

Talton, Hardy Eighth Democrat Pikcville

Watts, Wesley C Eleventh Democrat Lumberton

Weaver, Zebulon, Jr Thirty-first Democrat Ashevillc

Westbrook, E. A Thirty-second Democrat Tryon

Whitley, Adam J., Jr Eighth Democrat .Smithfield

Winslow, J. Emmett First Democrat Hertford

Woodson, Nelson Twenty-first Democrat Salisbury

Young, J. R Twelfth Democrat Dunn



*Died January 5, 1951

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302 North Carolina Manual



SENATORS

Arranged by Districts

(Democrats unless otherwise indicated)

District Name Address

1st — J. William Copcland Murfreesboro

1st— J. Emmett Winslow Hertford

2nd — Sam M. Campen Alliance

2nd— Hugh G. Horton Williamston

3rd— VV. H. S. Burgwyn, Jr . Woodland

4th — Julian R. Allsbrook Roanoke Rapids

4th— L. H. Fountain Tarboro

5th— Dr. Paul E. Jones •. Farmville

6th— J. C. Eagles, Jr '. Wilson

6th— Hamilton Hobgood Loiis'jurg

7th— Carl T. Hicks Walstonburg

7th — John D. l.arkins, Jr Trenton

8th— Hardv Talton Pikeville

8th— Adam J. W hitley, Jr Smithfiel J

9th— Rivers D. Johnson Warsaw

9th— Alton A. Lennon Wilmington

10th— S. Bunn Frink ^'outhport

lOth-Jiiijs K. P)well Whiteville

11th— Wesley C. Wat's L nuirton

12th- J H wley Poole West E .d

12th— J. R. Yojng Dunn

13th— Jan.e, H. Pou Bailey Rilegh

13th— Daniel L. Bell . Pittsboro

14th— Wills Hancock Oxford

14th— Thomas B. Sawyer Durham

15th— J. Hampton Price Leaksville

16th— Ralph H. Scott •. Haw River

17th— Joseph T. Carruthers, Jr Gree.isboro

18th— Charles H. Dorsett Troy

18th— J. Thomas Page Rockmgham

19th— R. E. Little Wadesboro

19th— James P. Lowder Norwood

20th —Hirvey Morris Charlotte

2 Ist- L ither E. Barnhardt Concord

21st— Nelson Woodson Salisburg

22nd— Irving E. Carlyle Winston-Salem

23rd— R. Posey Jones Mt. Airy

24th— H. P. Eller (Ri N. Wilkesboro

25th— C. H. Dearman StatesviUe

25th— M. T. Leatherman Lincolnton

26th— R. Grady Rankin Gastonia

27th— Charles F. Gold Rutherfordton

27th— Clyde Nolan Shelby

28th— A. B. Stoney Morganton

29th— *W. B. Reeves West Jefferson

30th— Donald Banks (R) Burnsville

31st— Zebulon Weaver, Jr Asheville

32nd— William Medford Waynesville

32nd -E. A. Westbrook Tryon

33rd— R. S. Jones Franklin



•Died January 5, 1951



RULES AND STANDING COMMITTEES
OF THE SENATE

1951

Powers and Duties of the President

1. The President shall take the chair at the hour fixed by law
or at the time fixed by the Senate upon adjournment on the pre-
ceding legislative day, and shall call the members to order.

2. It shall be the duty of the President, upon order being
obtained, to have the Sessions of the Senate opened with prayer.

3. In the absence of the President, the President pro tempore
shall reconvene the Senate and preside, and during such time
shall be vested with all powers of the President except that of
casting a vote in case of tie when he shall have voted as a Sena-
tor. And in the event of the absence of the President and Presi-
dent pro tempore at any time fixed for the reconvening of the
Senate, the Principal Clerk of the Senate, or in his absence also,
some member of the Senate Committee on Rules, shall call the
Senate to order and designate some member to act as President.

4. After the prayer, and upon appearance of a quorum, the
President shall cause the Journal of the preceding day to be read
and approved, unless the Chairman of the Committee on Journal
or some member of the Senate by motion sustained by a majority
of the members present, have the reading thereof dispensed with
and the same approved as written.

5. The President shall preserve order and decorum and proceed
with the business of the Senate according to the rules adopted.
He shall decide all questions of order, subject to an appeal to the
Senate by any member, on which appeal no member shall speak
more than once unless by leave of the Senate. A two-thirds vote
of the members present shall be necessary to sustain any appeal
from the ruling of the Chair.

6. All questions for a vote shall be put as follows: "Those in
favor say 'Aye'," and after the affirmative vote is expressed —
"Opposed 'No'." After which the President will announce the re-
sult. If a division on any vote is desired, it must be called for
immediately before the result of the voting is announced on any

303



304 North Carolina Manual

question, and ui)on such call, the President shall require the mem-
bers to stand and be counted for and against any proposition
under consideration.

7. The ayes and noes may be called for on any question before
the vote is taken, and if the call is sustained by one-fifth of the
Senators present, the roll of the Senate shall be called and the
ayes and noes taken, and the same shall be entered upon the
Journal. If a Senator desires the ayes and noes recorded on any
question, he shall address the Chair and obtain recognition and
say, "Upon that vote or question I call for the ayes and noes."
Whereupon the President shall say, "Is the call sustained?" If
one-fifth of the members present then stand the roll is called and
the ayes and noes recorded. If less than one-fifth present stand,
the Chair announces, "An insufficient number up" and a viva voce
vote is then taken.

8. If any question contains several distinct propositions, it shall
be divided by the President, at the request of any Senator, pro-
vided each subdivision, if left to itself, shall form a substantive
proposition.

9. The President shall have general direction of the Hall of
the Senate, and in case of any disturbance or disorderly conduct
in the galleries or lobbies, he shall have the power to order the
same cleared.

10. He shall have the right to call on any member to perform
the duties of the Chair, but substitution shall not extend beyond
one day.

11. The Lieutenant Governor, as President of the Senate, being
a Constitutional Officer shall not have the right to debate any
question or to address the Senate upon any proposition unless
by permission of the majority members present, and shall have
the right to vote only when there is a tie vote upon any question
or election.

12. The Lieutenant Governor, as President of the Senate, unless
he shall have by law disqualified himself fiom that office, shall
have the exclusive right and authority to appoint all Committees,
I'egular or special, but he may delegate said authority in any
instance, as he may choose.

13. All acts, addresses and resolutions, and all warrants and
subpoenas issued by order of the Senate shall be signed by the
President,



Senate 305

14. The President shall appoint door-keepers and pages, and
such laborers as may be necessary, and shall assign to them their
duties during sessions, and when not in session they shall be
under the direction of the Principal Clerk and Sergeant-at-Arms,
to perform such duties as are necessary and proper to the conduct
of the Senate.

15. No person except members of the House of Representatives,
clerks of the General Assembly, Judges of the Supreme and
Superior Courts, State Officers, former members of the General
Assembly and persons particularly invited and extended the privi-
leges of the floor by the President shall be admitted to the floor
of the Senate during its sessions: Provided, that no person ex-
cept members of the House of Representatives and officers of the
General Assembly shall be allowed on the floor of the Senate or
in the lobby in the rear of the President's desk, unless permitted
by the President of the Senate.

16. The President of the Senate, in the interest of orderly pro-
cedure and in order properly to expedite the business of the
Senate, may refuse to recognize any member for the purpose of
extending the courtesies of the floor, lobbies or galleries to any
one or group during any particular order of business, but shall
recognize such member for said purpose at the close of such order
of business if he then desire recognition.

17. The President may assign such space or place on the floor
of the Senate as he desires proper to Reporters desiring to take
the proceedings of the sessions, provided such does not interfere
with members of the Senate and its officers and clerks in the per-
formance of their duties.

18. Smoking shall not be allowed on the floor or galleries of
the Senate during sessions: Provided, that smoking may be per-
mitted in the side lobbies and in the lobby in the rear of the Presi-
dent's desk.

19. The pages of the Senate shall be responsible to and under
the direction of the President at all times when the Senate is in
session, and shall not exceed fourteen in number. They shall re-
port to the Principal Clerk at other times to be assigned such
duties as he may direct and shall be under his supervision.



306 North Carolina Manual

Order of Business

20. After approval of the Journal, the order of business shall
be as follows:

(1) Reports of standing committees.

(2) Reports of select committees.

(3) Introduction of bills, petitions, and resolutions.

(4) Messages from the House of Representatives.

(5) Unfinished business of preceding day.

(6) Special Orders.

(7) General Orders — First, local bills on third reading roll
call, then local bills on second reading roll call. After that the
viva voce second I'eading local calendar in numerical order, tak-
ing up the Senate bills in first order. After disposition of the
local calendar, the public calendar of bills will be considered in
ihe same order, that is :

(a) First, third reading roll call bills.

(b) Second reading roll call bills.

(c) Second reading bills to be considered viva voce, with Sen-
ate bills taking precedence in order over House bills.

But messages from the Governor and House of Representatives
and communications and reports from State officers and reports
from the Committee on Engrossed and Enrolled Bills may be re-
ceived and acted on under any order of business.

21. Any bill or other matter may be taken up out of order
upon order of the President or upon motion sustained by a ma-
jority of the membership present and voting.

Powers and Duties of Principal Clerk

22. The President and the Principal 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 ordered
as hereinafter provided. The Calendar shall include the numbers
and titles of bills and joint resolutions which have passed the
House of Representatives and have been received by the Senate
for concurrence.

23. The Principal Clerk shall certify the passage of bills by the
Senate, with the date thereof, together with the fact whether



Senate 307

passed by a vote of three-fifths or two-thirds of the Senate, when-
ever such vote may be required by the Constitution and laws of
the State.

24. All necessary supplies and stationery for the Senate, its
various offices and committees of the Senate shall be purchased
upon requisition of the Principal Clerk, with the approval of the
President of the Senate.

25. The office of Engrossing Clerk is discontinued, and the
duties of that office as heretofore performed by the Engi-ossing
Clerk shall devolve upon the Principal Clerk, who is charged with
the responsibility therefor.

26. The Principal Clerk shall cause the Journal of the Senate
to be typewritten in duplicate, original and carbon, the original
to be deposited in the office of the Secretary of State as the record,
and the other (carbon) copy to be delivered to the State Printer.

27. All Committee Clerks, when not in attendance upon the
direct duties connected with the committee to which they are as-
signed, shall report to the Principal Clerk of the Senate and, in
order to expedite the work of the Senate, shall perform such
clerical or stenographic work as may be assigned to them.

Standing Committees

28. The following committees shall be named by the Lieutenant-
Governor :

1. Agriculture

2. Appropriations

3. Banks and Currency

4. Committee on Institutions for the Blind and Deaf

5. Commercial Fisheries

6. Conservation and Development

7. Constitutional Amendments

8. Counties, Cities and Towns

9. Courts and Judicial Districts

10. Education

11. Election Laws

12. Employment Security

13. Finance

14. General Statutes

15. Insurance



308 North Carolina Manual

16. Interstate and Federal Relations

17. Journal, Engrossing, Enrolling, Printing

18. Judiciary No. 1

19. Judiciary No. 2

20. Justice of the Peace

21. Manufacturing, Labor and Commerce

22. Mental Institutions

23. Penal Institutions

24. Propositions and Grievances

25. Public Buildings and Grounds

26. Public Health

27. Public Roads

28. Public Utilities

29. Public Welfare

30. Rules

31. Salaries and Fees

32. Senatorial Districts

33. Teachers and State Employees Retirement

34. University Trustees

35. Veterans and Military Affairs

36. Wildlife

Joint Committees

29. "The Chairman of the Committee on Education, with the
approval of the President, shall appoint a sub-committee of three
members (the first of whom shall be the Chairman) from the
membership of the Education Committee, to be known and desig-
nated as the Sub-Committee on Library."

The Committee on Trustees of the Greater University, the Com-
mittee on Justice of the Peace, the Committee on Public Build-
ings and Grounds, the Committee on Journal, Engrossing, En-
rolling and Printing, and the sub-committee on Library, provided
for under this rule, shall act as the joint committees for the
Senate.

30. Membership on standing committees shall consist of not
more than sixteen Senators, including the Chairman and Vice
Chairman, who shall be designated by the President, Provided
the committee membership on the Committee on Rules, the Com-
mittee on Appropriations, the Committee on Finance, the Com-



Senate 309

mittee on Agriculture, the Committee on Roads and the Com-
mittee on Education shall not be limited as to membership. No
Senator shall hold membership on more than nine standing com-
mittees unless the Rules Committee provides otherwise.

31. The Committee on Engrossed Bills shall examine all bills,
amendments, and resolutions before they go out of the possession
of the Senate, and make a report when they find them correctly
engrossed : Provided, that when a bill is typewritten and has no
interlineations therein, and has passed the Senate without amend-
ment, it shall be sent to the House without engrossment, unless
otherwise ordered.

32. All bills introduced in the Senate providing for appropria-
tions from the State, or any subdivision thereof, shall, before
being considered by the Senate, be referred to the Committee on
Appropriations, and bills referred to other Committees carrying
any of the provisions herein mentioned, shall be re-referred to
the Senate as being bills to be considered by the Appropriations
Committee before proper action may be taken by the Senate. All
bills introduced in the Senate providing for bond issues, levying
taxes, or in any manner affecting the taxing power of the State
or any subdivision thereof, shall before being considered by the
Senate, be referred to the Committee on Finance, and bills re-
ferred to other committees carrying any of the provisions herein
mentioned shall be re-referred to the Senate as being bills to be
considered by the Finance Committee before proper action may
be taken by the Senate.

33. Every report of the committee upon a bill or resolution
which shall not be considered at the time of making the same, or
laid on the table by a vote of the Senate, shall stand upon the
general orders \vith the bill or resolution; and the report of the
committee shall show that a majority of the committee were
present and voted. "A quorum of any committee shall consist of
a majority of the committee."

34. "The Chairman of the following Committees, with the ap-
proval of the President of the Senate, shall appoint Clerks who
shall be stenographers in order to expedite the business of the
Session of 1951, as follows:

Agriculture
Appropriations
Banks and Currency



310 North Carolina Manual

Committee on Institutions for the Blind and Deaf

Conservation and Development

Counties, Cities and Towns

Courts and Judicial Districts

Education

Election Laws

Employment Security

Finance

Insurance

Interstate and Federal Relations

Judiciary No. 1

Judiciary No. 2

Manufacturing, Labor and Commerce

Mental Institutions

Propositions and Grievances

Public Health

Public Roads

Public Utilities

Public Welfare

Rules

Teachers and State Employees Retirement

University Trustees

Veterans and Military Affairs

Wildlife

In addition to the above-named clerks, the President of the
Senate, upon recommendation of the Rules Committee, shall ap-
point additional clerks to perform such duties as may be assigned
them by the Principal Clerk of the Senate.

Decorum in Sessions

35. When any Senator is about to speak in debate or deliver
any matter to the Senate, he shall rise from his seat and respect-
fully address the President.

36. No member shall speak until recognized by the President
and when two or more members rise at the same time, the Presi-
dent shall name the member to speak.

37. No remark reflecting personally upon the action of any
Senator shall be in order in debate unless preceded by a motion
or resolution of censure.



Senate 311

38. 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 to an appeal to the
Senate by any Senator; and if a Senator is called to order for
words spoken, the words excepted to shall be immediately taken
down in writing, that the President or Senate may be better able
to judge of the matter.

39. No Senator shall speak or debate more than twice nor
longer than thirty minutes on the same day on the same subject
without leave of the Senate.

40. When the President is putting a question, or a division
by counting shall be had, no Senator shall walk out of or across
the Chamber, nor when a Senator is speaking, pass between him
and the President.

41. Every Senator who shall be within the bar of the Senate
when the question is stated by the chair shall vote thereon, unless
he shall be excused by the Senate or unless he be directly inter-
ested in the question; and the bar of the Senate shall include
the entire Senate Chamber.

42. When a motion to adjourn or for recess shall be aflfirmatively
determined, no member or otficers shall leave his place until ad-
journment or recess shall be declared by the President.

43. Senators and visitors shall uncover their heads upon enter-
ing the Senate Chamber while the Senate is in session, and shall
continue uncovered during their continuance in the Chamber.

44. No Senator or officer of the Senate shall depart the service
of the Senate without leave, or receive pay as a Senator or officer
for the time he is absent without leave.

Procedural Rules in Debate

45. Every bill introduced into the Senate shall be printed or
typewritten. Amendments need not be typewritten.

46. All bills should be read by their titles, which reading shall
constitute the first reading of the bill, and unless otherwise dis-
posed of shall be referred to the proper committee. A bill may
be introduced by unanimous consent at any time during the session.



312 North Carolina Manual

47. Every Senator presenting- a paper shall endorse the same;
if a petition, memorial, or report to the General Assembly, with
a brief statement of its subject or contents, adding his name; if a
resolution, -wdth his name; if a report of a committee, a state-
ment of such report with the name of the committee and members
making the same; if a bill, a statement of its title which shall
contain a brief statement of the subject or contents of the bill,
with his name; and all bills, resolutions, petitions, and memorials
shall be delivered to the Principal Clerk and by him handed to
the President to be by him referred, and he shall announce the
titles and references of the same, which shall be entered on the
Journal.

48. When a bill is materially modified or the scope of its appli-
cation extended or decreased, or if the county or counties to which
it applies be changed, the title of the bill shall be changed by the
Senator introducing the bill or by the committee having it in
charge, or by the Principal Clerk, so as to indicate the full pur-
port of the bill as amended and the county or counties to which
it applies.

49. After a bill has been tabled or has failed to pass on any
of its readings, the contents of such bill or the principal provisions
of its subject-matter shall not be embodied in any other measure.
Upon the point of order being raised and sustained by the Chair,
such measure shall be laid upon the table, and shall not be taken
therefrom except by a vote of two-thirds of the elected member-
ship of the Senate: Provided, no local bill shall be held by the
Chair as embodying the provisions, or being identical with any
State-wide measure which has been laid upon the table or failed
to pass any of its readings.

50. Whenever a public bill is introduced, three carbon copies
thereof shall accompany the bill. The Reading Clerk shall stamp
the copy with the number stamped upon the original bill. Such
copy shall be daily delivered to the joint committee hereinafter
provided for. The Principal Clerk shall deliver the carbon copy
of the bills designated to be printed as hereinafter provided for
the public printer and cause 400 copies .thereof to be printed. On
the morning following the delivery of the printed copies the Chief
Clerk shall cause the Chief Page to have one copy thereof put
upon the desk of each member, and shall retain the other printed



Senate 313

copies in his office. A sufficient number of the printed copies for
the use of the committee to which the bill is referred shall be by
the Chief Page delivered to the Chairman or Clerk of that Com-
mittee. If the bill is passed, the remaining copy shall be by the
Chief Page delivered to the Principal Clerk of the House for the
use of the House. The cost of printing shall be paid from the con-
tingent fund of the Senate. The Chairman of the Rules Committee
of the Senate and the Chairman of the Rules Committee of the
House shall appoint a sub-committee consisting of three mem-
bers of the Senate and two members of the House from the body
of the Senate and the House, and such Chairman shall notify the
Principal Clerk of the House and of the Senate who has been ap-
pointed. Such subcommittee shall meet daily and examine the
carbon copies of the public bills introduced and determine which
of such public bills shall be printed and which shall not, and stamp
the copies accordingly. If the member introducing a public bill,
which the committee shall determine should not be printed, so
desires, he may appear before the committee at the next meeting
thereof with reference thereto.

51. When a bill has been introduced and referred to a com-
mittee, if after ten days the committee has failed to report there-
on, then the author of the bill may, after three days' public notice
given in the Senate, on motion supported by a vote of two-thirds
of the Senators present and voting, recall the same from the com-
mittee to the floor of the Senate for consideration and such action
thereon as a majority of the Senators present may direct.

52. All motions shall be reduced to writing, if desired by the
President or any Senator, delivered at the table, and read by the
President or Reading Clerk before the same shall be debated; but
any such motion may be withdrawn by the introducer at any time
before decision or amendment.

52a. When a bill is reported by a committee with an unfavor-