Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-03-15
MASSACHUSETTS LEGISLATURE.
HOUSE.

IEtDAas 41d4CA L.
HOUSE.
afternoon Session. The House re- assem-
bled at two o'clock.
Mr.. Brimbleoom of Barre, resumed and
concluded his speech.
IN motion OF Mr.. Andrew of Boston, tie
House agreed to take q vote upon the passage
of the bill, at u o'clock OF Saturday
Ex- Gov. Morton of Taunton, spoke in fla
vor of the expediency and constitutionality
of the bill. In his opinion if the bill should
pass, it would accomplish more good than
any other measure which had been before the
house this winter.
Mr.. Cushing of Newburyport, replied to
the arguments of the gentleman from Boston,
MIR. Andrew. He also spoke upon the con-
stitutional question in reply to the gentlemen
from Taunton, Mr.. Martin.
Mr.. vose of Springfield addressed the
House in favor of the expediency and consti-
nationality of the bill.
mr.. Spooner Of Boston also spoke in favor
of the bill.
The Speaker laid before the House the
opinion of the Supreme Court, signed by all
the Justices, on the question propounded by
the House, as to whether that body has power
to revise the action of the Board of Alder
men in districting the city Of Bostonsinto rep
of that Board to be final and conclusive. and
any revision of that action by the Legislature
unconstitutional.
SATURDAY, March Is.
SENATE.
Mr.. Swift, from the Committee on the
Fisheries, reported bill amending the law in
relation to seining the shore of Nan
tucket.
The motion to reconsider the vote by which
the bill concerning the care of infant children
of female convicts was yesterday rejected,
was carried, and the bill was then ordered to
be engrossed.
The House bill in addition 10 an act to ex-
empt from levy on execution the homestead
of householder, was ordered to be engrossed.
The bill providing for the registration of
births, marriages and death, was advocated
by Mr. Metcatf the chairman of the commit
tee who reported the bill. After amendment
the bill was ordered to be engrossed-2l to s.
HOUSE.
Leave of absence was granted to Mr.. Wells
of Greenfield for five days
Undebateable matters in the orders of the
day were first considered. The report leave
to withdraw of Judiciary Committee, on the
several petitions for the repeal of the liquor
law, was accepted. A similar report on the
petition of the city of Boston for betterment
law, was accepted
The bill to change the jurisdiction in mat
tiers of Probate aud insolvency, was discussed
by various representatives.
Mr.. Spofford of Newburyport opposed the
biz, on the ground, l, That it was inexpedi-
ent and unnecessary. 2, That it was I'M
constitutional. 3, That it was not what it
pretended to be, measure of retrenchment
of fl1a of tho A Ibot 10
inexplicable in so far as respects the office Of
Judge of Probate; for the end which it had
in view could have been reached in a
more appropriate way by simply abolishing
the Court Of Insolvency alone 5. Finally
that it was political measure introduced to
subserve party ends.
MIR. Johnson of Abingdon, advocated the
bill in a foreible and earnest speech.
Mr.. Brown of Dorchester gave at length
his views in opposition to the bill.
MIR. Young of Boston opposed the consoli-
daton bill, because of the inherent ditferen-
ces of the Probate and Insolvent Courts.
MIR. Sprague of Boston opposed the act,
and called for the yeas and nays,
Mr.. Corliss of Lowell also argued against
the passage of the law of consolidation.
Mr.. Andrew of Boston believed in the doc
trine Of the independence of the judiciary,
in the constitutional and English sense, in
the sense which would secure the liberties of
the neonle., not by revolution. but through
! yhe means of the Cnnrfs which arc rnumlate1
| by constitutional provisions, in the shape Of
! Judicial tenures, and other ways. Courts
have been abolished and instituted both in
| the United States and Massachusetts.
AT II o'clock, the hour for taking the vote
on the bill, as Mr.. Andrew had not conelud-
ed his remarks, Mr.. Cushing, out of courtesy
Tn fhp oh al IF
| time be extended till the speaker should have
finished. The motion was adopted, and Mr..
Andrew, thanking the gentleman.from New
| buryport for his courteous course, resumed
! going into the whole history Of the institu-
ton OF probate courts, and contending that
| an exigency existed which demanded the adj.
| diuon to its duties of those now performed
| by the insolvent courts. He described the
advantages which would arise from the union,
lnasmueh as it would give the Judges com
| petent salary, and enough to do so that they
could not take dispositions and argue cases in
| other courts, but would have to confne them.
selves to their judicial duties.
Inc speaker referred to the eminent servi-
! ces OF the representative from Newburyport
| as Attorney General, Ambassador to China.
and General of Brigade in Mexico also, to
his later intellectual achievements since the
commencement of the session of the Legisla-
ture. In relation to the prospective bank
rupt law affecting the new Court, the speak
er said no such law had yet been enacted,
and 1t was not probable that it would be.
This argument reminded him of the old story
OF horse swapping. A certain person wished
to swap horses with another. =" l have no
horse to swap" rejoned the other. But
how would you swap if you had onei" Mr..
Andrews speech was one of power and effec.
tiveness.
The yeas and nays were ordered on the
passage OF the bill, and it was adopted by a
vote of l42 to II.