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Popular Government Volume 11 Published by the Institute of Government July Numbers 2-7 the University of North Carolina 1945

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Popular Government Volume 11 Published by the Institute of Government July Numbers 2-7 the University of North Carolina 1945 GOVERNMENT PUBLISHED BY THE INSTITUTE OF GOVERNMENT UNIVERSITY OF NORTH CAROLINA / . // <-i POPULAR GOVERNMENT VOLUME 11 PUBLISHED BY THE INSTITUTE OF GOVERNMENT JULY NUMBERS 2-7 THE UNIVERSITY OF NORTH CAROLINA 1945 Albert Coates, Editor Associate Editors: Peyton B. Abbott, John Fries Blair, Louis A. Cherry, Clifford Pace I E G Governor R. Gregg Cherry Lieutenant Governor L. Y. Ballentine Speaker O. L. Richardson I S L NOTES ON WAR GOVERNORS. LIEUTENANT A GOVERNORS AND SPEAKERS T The following officers have served during World War II: Governors J. Melville Broughton of Wake I and R. Gregg Cherry of Gaston: Lieutenant Gov- ernors R. L. Harris of Person and L. V. Ballentine of Wake; Speakers John Kerr, Jr. of Warren and Os- V car L. Richardson of Union. E The following officers served during World War I: Governor Thomas W. Bickett of Franklin; Lieuten- ant Governor O. Max Gardner of Cleveland; Speaker Walter Murphy of Rowan. The following officers served during the Civil War: L Governors John W. Ellis of Rowan. Henry T. Clark of Edgecomhe and Zebulon B. Vance of Buncombe; E Speakers of the Senate Henry T. Clark of Edge- combe and Giles -Mebane of Alamance; Speakers A William P. Dortch of Wayne. Robert I). Gillam of Granville. Richard S. Donnell of Beaufort and Nathan D Fleming of Rowan. The following officers served during ihe Revolu- E tionary War: Governors Richard Caswell of Lenoir \'an(f Clark Dortch County. Abner Nash of Craven and Thomas Burke R of Orange; Speakers of the Senate Samuel Ashe of New Hanover. Whitmel Hill of Martin. Allan Jones S of Northampton. Abner Nash of Craven and Alex- ander Barton of Guilford; Speakers of the House of Commons Abner Nash of Craven. John Williams of Granville and Thomas Benburv of Chowan. PopuL.VK Government is published monthly by the Institute of Government, University of North Carolina. Chapel Hill. Editor- ial, business and advertising address : Box 990. Chapel Hill, N. C. Subscriptions : per year, S2.00. Single copies, 25 cents each. Ad- vertising rates will be furnished on request, .\ddress all com- munications to Box 990. Chapel Hill, N. C. Entered as second class matter at the Post Office at Chapel Hill, N. C. Copyrighted Government. All rights reserved. Nash 1943 by the Institute of TABLE OF CONTENTS Page Page THE 1945 GENERAL ASSEMBLY—BACKGROUND, Revaluation 42 Problems, and Achievements 3 Information from State Board of Assessment 42 Background and Problems 3 Payments in lieu of taxes 42 The War and the Legislature 3 Dog tax—collection by rabies inspector 42 General Fund Surplus 4 Alias summons in tax and special assessment suits 43 Increased Appropriations 4 Docketing tax judgments under section 1720 43 Mental institutions 4 Warranty deeds of municipalities and counties 43 Educational institutions 4 Special Assessments 43 Health 4 Special Assessments—Local Acts 43 Salary Increases 4 Schedule "B" Licenses 44 Tax relief 5 Amusements—athletic contests 44 Corporate taxes 5 Bondsmen 44 Sales tax 6 Peddlers . 44 Merchandising, music and weighing machines 44 Postwar reserve fund - 6 Debt retirement 6 Automobiles and motorcycle dealers and service Other Problems 6 stations 44 Liquor 6 Ice cream manufacturers 44 Beer and wine 6 War-affected businesses 44 Roads 6 City and County Finance 45 Municipal and County Capital Reserve Acts 45 Laws . 6 The Governor's Program 6 Retirement System for Counties, Cities and Towns 45 State and federal relations 7 Municipal and County Bonds 46 Fiscal policy 7 Statute of Limitations 46 Tax policy 7 County commissioners 46 The war bonus 7 Bonds of city employees 46 Public schools 7 Liability of separate contractors 46 Higher educational institutions 7 "Monday" defined 46 Roads 7 Miscellaneous Acts Affecting Local Governmental Agriculture 8 Units 47 Rural electrification and telephone extension 8 Purchase of surplus war material 47 Health and hospitalization 8 County fire departments 47 Conservation and development 8 County planning and zoning 47 Public Welfare 8 City and county recreation systems 47 Labor 8 Juvenile courts 48 Unemployment compensation 8 Firemen's relief funds 48 Constitutional amendments 8 Fireworks 48 State police and public safety 8 Clerks of the Superior Court 48 Liquor 8 Clerks' Investments 48 Other recommendations 8 CSC Fees 48 The Governor Sets the Style 8 "Flat" or Entire Fees 49 Accomplishments—General View „ 8 Auditing Fees 49 Fiscal Matters 10 Minor and Incompetent Insurance Beneficiaries 49 Taxes 10 Clerk as Temporary Guardian 49 Wine Tax 10 Lists of Justices of the Peace 49 Theater Tax 10 Powers of Deputy Clerks of Court 49 Appropriations 52 Powers of Administrator c.t.a 50 Schools 52 Perpetual Care Cemeteries 50 Mental Institutions and Medical Care 53 Change of Name 50 Veterans 53 Registers of Deeds 50 Other Legislation 53 Records of Fees 50 The State as Self-insurer 54 Photographic Recording 50 Local Legislation 54 Torrens Law Amendment 50 Appraisal 54 Marriage Ceremonies by J. P. -Register of Deeds 51 Oaths Incident to Delayed Birth Certificates 51 CHANGES AT THE CITY HALL AND COUNTY Mortgages—Presumption of Satisfaction 51 COURTHOUSE 11 Cancellation of Mortgages and Deeds of Trust 51 Local Taxation 11 Form of Chattel Mortgage 51 Ad Valorem Taxes 11 Attorneys in Fact— Execution of Instruments 51 Farm census reports 11 Curative Statutes 51 Taxpayers' oaths 11 Interest on taxpayers' certificates 12 Penalties on servicemen's taxes 12 ALCOHOLIC BEVERAGES 13 Veterans' organizations' tax exemption 12 Beer and Wine 13 Tax release due to property damage 12 Public Bills 13 Tax foreclosures—limitations 12 Wine Control Act 13 Property acquired from tax exempt owner 12 Retailers 14 Page Two POPULAR GOVERNMENT July, 1945 Page Page Manufacturers and Wholesalers 14 Appeals 22 On Premises Licenses 14 Administrative Agencies 22 Wine Taxes 14 Criminal Law and Procedure 22 Local Bills 14 New Offenses 22 Liquor 57 Identifying the Offender 22 Transportation 57 Treatment of the Offense 22 Referendum 58 Administration of Liquor Law 58 VETERANS AND SERVICEMEN 23 North Carolina Veterans Commission 23 EDUCATION AND THE PUBLIC SCHOOL SYSTEM 15 Local Units' Participation 23 Local Public Schools 15 Acts 23 Acts Granting Privileges State Board of Education 15 Rights and 24 Records 24 County Boards of Education 15 Minor Veterans and Minor Fiscal Control of School Funds 15 Spouses of Veterans 24 Tax Exemptions 24 School Machinery Act 15 Procedural Textbooks 15 Matters 24 Acknowledgments Other Administrative Matters 15 and Interrogatories 24 Wills 24 Teachers' Salaries 16 The Returning Veteran Vocational Schools 16 24 Salary Increments 24 Local Legislation 16 Retirement Libraries 16 55 Unemployment Compensation 55 Veterans' Children 55 HEALTH, WELFARE AND HOSPITALS 17 Missing Persons 55 State Mental Institutions 17 Power of Attorney 55 Management 17 Conservators of Missing Persons 55 Commitment 17 Official Death Reports 55 New Institutions 18 Dependents of Incompetetn Wards 55 Other Bills 18 Confederate Veterans 56 Commission for the Blind i8 Veterans Bills that Failed 56 Hospitals and Medical Care 18 State and Local Boards of Health 18 REGULATION OF BUSINESSES AND PROFESSIONS 25 Contagious and Diseases Other 59 The Regulation of Occupations 25 Public Welfare 60 Dentists 25 Old Age Assistance and Aid for Dependent Children 60 Osteopaths 25 Special Poor Tax 60 Nurses 25 Local Acts 60 Barbers 25 Visitational Powers 60 Pharmacists 25 Embalmers 25 DOMESTIC RELATIONS WOMEN, AND RELATED Lawyers 25 19 MATTERS Banks and Loan Agencies 25 Women Jurors 19 Interest Rates 26 Private Examination of Married Women 19 State Warrants 26 Married Women as Free Traders 19 Building and Loan Associations 26 Testimony of Spouse in Actions for Criminal Con- Cotton Buyers 26 versation 19 Factors 26 Wife's Right in Husband's Estate 19 Assignment of Accounts Receivable 56 "Hasty" Marriages 19 Public Utilities 56 Divorce 20 Other Business 56 Change of Venue and Divorce 20 Annulment 20 LEGISLATION AFFECTING AGRICULTURE 27 Revocation of Wills by Divorce 20 Promotional Regulation 27 Guardians 20 Fairs 27 Adoption 20 Agricultural Development 27 Bastards 20 Poultry 27 Apprenticeship Agreements 64 Livestock 27 Special Commissions 64 Dairying 28 Fertilizer 28. PRACTICE AND PROCEDURE 21 Seed 28 Civil Procedure 21 Agricultural Tenancies 28 Limitations 21 Marketing and Other Matters 28 Service of Process 21 Enrichment of Grain Products 28 Lis Pendens 21 Weights and Measures 28 Trial 21 Weighmasters 40 Damages and Costs 21 Ancillary, Supplemental and Special Proceedings 21 CODIFICATION AND DISTRIBUTION OF THE LAWS 29 Judgments 21 Codification 29 Receivers 22 (Contivued on page sixiy-four) : July, 1945 POPULAR GOVERNMENT Page Three The 1945 General Assembly Backgroundy Problems and Achievements The members of the 1945 General Assembly gath- and opinions, might easily have done serious damage ered in Raleigh in January with the apparent de- to the State and its economy, might have granted termination to tackle their biennial task with all of the special concessions to some and placed undue hard- seriousness and earnestness at their command, in ships upon others. keeping with the mood and demands of the times. The remainder of this issue of Popular Government This appearance of a seriousness of purpose was trans- is given over to a discussion and analysis of the more lated into reality as the legislature went about its job than 1,450 bills and resolutions which are the tangible of law-making, and it was in evidence from the time results of the legislators' work. But before getting the party caucuses were called to order until the final into that discussion, we present here a review of the gavels announced adjournment sixty-seven legislative background and setting in which the legislature met, days later. Many and varied have been the criticisms and a summary of its problems and principal achieve- directed at the 1945 session (and most of them have ments.
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