Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-05-06
MASSACHUSETTS, LEGISLATURES

| bills to incorporate the Winnisimet Railroad
| Company in addition to an act 10 incorpOr-
ate the Bank of Mutual Redemption to
| amend the 18th chapter of the laws OF lS47,
entitled an act relating to common schools
resolve on the petition of Levi Baker and
others.
On motion Of Mr. Hoar of Worcester, an
order was adopted providing that a SPECIAL
committee Of two on the part of the Senate,
aud such as the House may join, should be
appointed to consider and report at what time
1t will be expedient and proper for the legis
lature to make new apportionment of Sem
ators ana Representatives under the Consti-
| tuition, and what measures should be taken
regarding the same. Messrs. Hoar and Hunk
ing were constituted this Committee.
| The Senate refused to pass to be enacted the
engrossed bill concerning the measurement Of
milk. The bill to incorporate the Massachu-
sets Peat Coal Company, was also rejected
Motions for reconsideration we're made in
regard to the bill relating to land taken for
| public ways, and the bill providing for the
erection of bridge over the Merrimac river
in the towns of Dracut and Chelmsford.
HoUsB.-Among the reports received, was
one enclosing a bill to amend chap. Sc of the
acts of 1856. Also, an act to repeal chap. Sc
of the acts of the same year. Also an act re-
lating to trials by the court. 1t provides that
trial by jury may be waived in civil cases, by
the consent in writing of the parties or their
counsel, and the cause be determined by the
| Court.
An order was adopted, inviting Rev. DR..
| Cleveland. the chaplain of the Senate, to Of
fciaie in the House during the remainder of
the session.
The resolve appropriatng $25OO for warm
ing the State Almshouse in Tewksbury, was
taken up, and a substitute was Offer ed by Mr.
Porter of Boston, providing that the work
should be let out by contract to the lowest
bidder. This substitute was adopted, Sc to
70. and ordered to be engrossed.
In the afternoon session, a resolve was re-
ported by the Committee on the Pay Roll, for
the pay of the Legislature and its officers,
and of the Council. Councillors and mem
bers to have So per day; presiding officers So
additional clerks $40 per day, and $500 for
making duplicate journal for the library; as
sistant clerks SIS per day.
A debate three hours long took place upon
the bill relating to the powers of County Com
missioners in laying out ways across high
ways. The bill was ordered to be engrossed.
The bill proydes-lst, that whenever the pub
lie convenience shall require any road to be
laid out across railroad, it may be laid out
whenever the county commissioners shall SO
direct ID, the commissioners shall give notice
before laying out such way, to the railroad
corporation, that they may be heard, and after
hearing they may lay out the way, but they
shall require it to be made over or under the
railroad, and not to obstruct it eH cept in cases
provided; town and city officers before laying
out way across a railroad, shall make appli-
cation to the commissioners for permission,
and the commissioner shall notify the railroad
and after hearing, they may authorize the lay.
tnfa mnx 10 bo do
der, and not to obstruct, except i'll cases pro.
yided 4th, the commissioners shall determine
whether the way shall pass over or under;
if over, they shall determine the manner of
building the bridge, and the expenses shall be
borne by county, city, town, or corporation
whose duty it is to build and maintain such
way; 5th, whenever there shall be necessity
for road on a level, the commissioners may
lay out one in that manner, provided that the
railroad, or the town, or city, may appeal
from their adjudication to that of the Su-
preme Courts 9th, any railroad corporation
crossed on level shall protect their rails by
plank, timber, or other work so as to furnish
safe and easy passage and all such incidental
expenses as the commissioner may require,
are to be paid by the corporation, or town, or
city, owning and supporting the way, and all
additional safeguards are to be paid for by
them.
Passed to be EngroSSed-B Bills and resolves,
to set off part of Groton to Pepperell in
addition to an act to protect the property of
married women.
TUESDAY, May 5-l2lst dav.
SENATE.-The report of the majority Of the
Committee on Federal Relations adverse to
the removal of E. G. Loring from the office of
the Judge of Probate, was taken up, the
question being upon substituting an address
to the Governor, asking for his removal
Messrs. Albee and Shaw spoke in favor of the
substitute, and Merrick and Clark in opposi-
ton to the same. The substitute was then
adopted by the following vote =
Yeas-Albee, Ames, Atwood, Bliss, nney, Brakeu
ridge, Churchill, Green Haynes Hitchcock. Hoar Poor,
sabin sawin Shaw, Swift Taft, Warren, Whitney, White
20.
Nays-Batchelder Burbank, Clark, Cowdin, Esty,
Field, Hunking, Messenger, Merrick, Mixter Rogers
Turner, Usher, Wheeler, YouAg-l5.
The question then recurring on the adop-
ton of the address, further discussion. ensued.
Mr.. Bonney moved to amend by striking
out from the I'd and 9TH sections, inclusive,
of the address.
Messrs. White, Breckenridge, and HAYNES,
spoke briefly in regard to the same, and in
favor of the removal. The amendment was
then adopted, and the question then being
taken on the adoption of the address, it was
carried, as follows =
Yeas-Albee Ames Atwood Bliss Bonney, Braoken.
ridge, Churchill Field, Greer, Haynes Hitchcock Hoar
MITCHELL Poor, sabin, sawln, Shaw, Swift IT. Usher
Wa. ner, Wheeler, Whitney, White, Young-25
NdBs--Batcheder, Burbank, Clark. Cowdin Fstv
HunEing, Messenger, Merrill Mixter, Rogers, TAYLOR
Turner-12.
The following is the form in which the ad-
dress was agreed to =
address 10 His ErcelsHey Henry ]. GARDNER Cor
ern0r Of the Commonwealth Of MGssachuset
The two branches OF the legislature in general cour
assembled. respec fully request that your Excelency
woud pleased by andwth TIE advice and consent Of
the council to remove Edward Greeley Lorng from the
office OF Judge of Probate for the county of Suffolk for
one, or fot all the following reasons, TO wit
Because he consented to sit United States Slave
Commissioners in defiance Of the moral sentiment of Mas
sacnuse expressed in the legislative resolutions Of
1850.
q Because now in defiance of the provisions contain
ed in section 49, Of chapter 49, Of the Acts Of 1865 ed
ward Greeley Lorng continues hold the eli ,e oil Judge
of PROBATE, under Massachusetts commission and at the
game time to hold, in defiance of law a Commission
uDder the United States, which qualities him to issue
warrants and grant certificates under the Acts of Con
gress, named the ninth section Of chapter 49, Of the
Acts Of 1850"
HoUsE.-Mr. MAYHEM of Milford has leave
Of absence for eleven days.
The bills relating to bowling alleys, &C.,
and the bill to set off part of Groton to Pep
perell were reconsidered, amended, and
again passed.
The several bills increasing the captal of
country banks, were passed.
FAILURE OF Dry GooDs DEALERs-Larqe
Defaication by Clerk.- Three wholesale div