Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-05-27
From the State House.


committees of conference reported, and the two
houses generally accepted the report and acted in
concurrence. The greatest difference, and which
at one time seemed likely to delay in adj
journment, was not settled until evening.
The committee of conference on the differences
between the house and senate, in relation to the
Boston, Barre and Gardner railroad, reported bill
to extend the time for locating and constructing
said railroad, and authorizing the company to use
their motive power over other tracks to connect
with the Monadnoc railroad and with the Cheshire
road at Winchendon, going from Gardner by either
the east west route. This is all that the lobby
ridden senate would grant, and the road will thus
be obliged to wait for another year and more hon.
orable senate to get full justice
The report o + the committee on the judiciary on
the order relative to the imprisonment of Henry
Emery, and the legality of his being admitted to
bail, came up again to-day in the senate. Mr.
Monroe contended that the legislature, the oldest
and highest court in the commonwealth, had GER
tain rights and privileges which the supreme court
had no right to interfere with. There was power
under the constitution by which Henry Emery, af
ter having been ordered to be imprisoned by the
president of the state police investigating commit
tee under special act of the senate, could be taken
out of the custody of the sergeant-at-arms. The
constitution especially provides for the question of
was made in admitting the prisoner to bail. Mr..
Wakefield inquired what was the use Of the supreme
court if not to revise the acts of the general court
and look after their constitutonallty. He held that
the constitution provided only for cases of impeach
ment and the prisoner Emery not being charged
with such high crime, the supreme court had full
power to act in the case. Mr.. Bird supported the
resolutions and substitute offered by Mr. Monroe in
strong speech. Mr. Goodman contended that the
supreme court had right to issue writ of habeas
corpus, and having that right it had also right to
discharge or admit prisoner to bail. Mr.. Monroe
| denied the power of the supreme court to revise
the action of the legislature If the court up
held in such cases the then under cOnsidera-
| tton, there would be an end of all impeachments by
the general court A yea and nay vote was taken on
the question of the substitute, and it was rejected
BY vote of 10 to 10. The report of the committee
was then accepted.
A bill was introduced on leave in the senate to in
crease the salaries of the justice and clerk of the
municipal court for the southern district of Boston,
fixing the former at $500 and the latter at S1500,
| and under suspension of the rules in both
branches the bill was ordered to be engrossed. The
Dill to define the relation of connecting railroads
was ordered TO be engrossed in the house and de-
feated in the senate bill introduced on leave in
the house by Mr.. johnson of Boston to nix the sala-
ries ofeXra clerks in the reasurers secretarys and
auditors Offices rejected; also bill to increase
the salaries of the justice and clerk of the municipal
court of Fall River, the opponents arguing very
reasonably that it was unfair to increase salary
and refuse others equally deserving, among which
was included the salary of the judge in Worcester.
Mr.. Mch1m, from the committee on harbors, to
whom was referred the communication from the |
governor in relation to the South Boston flats re-
ported bill authorizing the governor and council
TO redeem certain mortgages of the Boston wharf |
company, held agaiTfse the Boston, Hartford and |
Erie railroad and apprOpriatng 81 900 for that
purpose. The treasurer of the commonwealth is to |
issue scrip or certificates in the of the COM
monwealth, running for twenty years, at five per /
cent. interest. The rules were suspended and the /
bill at once considered. Speaker Jewell yielding |
the chair to Mr.. Coggswel of Salem, took the floor
in opposition to the bill. After giving history of
the influence which induced the state to enter into
the enterprise of aiding the Boston Hartford and
railroad. which nlarontpr1ynl q having
been fraught with great danger, he commended that
the state should take no part in transaction which
would involve large loss. The flats, with the two
mortgages upon them amounting to 81 100000 with
S2OOO0 interest, would cost the state over 81 &c.,
OOO If she saw fit to redeem them. The state
was asked to pay 60 or 70 cents per foot |
for land, some of which three years ago |
she had sold to the Boston and Albany rail- |
road company for twenty cents foot on credit aud
without interest. The right of redemption was not
worth a farthing, and was delusion and snare |
He then considered the recommendation of the |
governor, and argued that there no reason for |
the state to buy property at sum much larger than
its value for the sake OF strengthening the Hartford
and Erie railroad in its present condition. He |
should fail to do his duty if he did not express his
views on the subject, and he hoped the bill would |
be referred TO the next general court. Mr.. Kmball
of Boston claimed that the bill ought to pass The
filling of the fats he commended was for the protec-
tion of the harbor of Boston, and therefore would
be for the benefit of the commonwealth inasmuch
as the prosperity of Boston for the interest of
the entire state. Land near the ashad already been
sold for SO per foot, and within gunshot land had
been sold on Fort Hill for S12 per foot, and with
access to the land which it was proposed to obtain
possession of, there was no reason why they should
not approximate to those sums By vote of SO yea
to lbs nay the bill was defeated.
letter was received from Rev. W. H. H. Muir
ray informing the house that he should not be able
on account of other engagements, to preach the
election sermon next year. as he had been elected |
TO do. MIR. Kimball of Boston then moved that it
was nexpedient to proceed to the election of a new
preacher OF the election sermon. He thought that
the farce of the election sermon should be aboshed
tnat 1t was great expense to the state calling out
the military giving them dinner, paying the |
preacher, printing the sermon, &C., and no benefit
was derived from it. MIR. Baker of Beverly and Mr.
| Tarbox of Lawrence favored the motion Mr.
| Thompson of Gloucester thought if the members
did not feel the necessity of the gospel it showed
pretty clearly that they needed an extra quantitv
The yeas and nays were ordered, and the motion was
| lost by vote of SO to no. subsequently, motion
to proceed to the election of preacher ofthe election
sermon in 1872, was carried, and the house pro-
ceeded to vote with the following result: Whole |
number OF votes EOS; necessary TO a choice 105 |
Mr.. Vibbert of Rockport received So votes: MIR s |
W. Foljambe, As; Andrew p. Peabody "a; Mary A. |
Liyermore, 10; scattering, 49, A motion was made |
votes be declared elected was lost by vote of so TO
VS. and another motion to indefinitely postpone
OF IA to 90. Subsequently, on motion
OF Mr.. sanford, of Taunton, an order |
was adopted requesting the governor to appoint |
some gentleman to preach the next election ser |
mon. Mr.: kimbal, of Boston, then moved to re- |
consider the vote BY which the order was adopted |
The motion carried and the order was laid on |
the table. Then the vote by which the house de- |
cided to indefinitely postpone the election of |
preacher OF the next election sermon reconsid-
cred. MIR. Vibbert then withdrew his name as a |
candidate rather than delay the business of the |
house, and said he hoped his friends would vote for
Rev Or. Peabody, The house proceeded to ballot |
with the following results Whole number of votes |
l79; necessary for choice 80. Rev. A. p Peabody |
had ll6; Rev. 5. w. Foljambe 4S; scattering 10,
and Rev. DR.. Peabody was declared elected
8Ihe committee agriculture reported inexpedi- |
ent to legislate in relation to the Repayment of
money 70 towns under the dog laws, and the report
reported that 1t was inexpedient to legisate upon
the effect of the treaty of Washington upon the |
fisheries of Massachusetts as the treaty had been
ratified.
The following bills and resolves were ordered to
be engrossed: To extend tine time for location and
construction of the Bedford railroads to redeem the
capital stock of the Taunton street railway COM
pany; IN addition to an act to apportion and assess
state tax OF S26OO,OOO, amending the in re-
iatlon 10 the town of Rutland concerning criminal
proceedings before trial Justices to amend the acts
Incorporating the Massachusetts college; to con- |
certain proceedings IN the probate courts to
authorlze railroad corporations to guarantee the
bonds of connecting railroads; in addition to an
act relating to the increase of capital stock by cor
porations; in relation to the unexpended bal |
ance of the scrip issued in aid OF the Boston, |
Hartford and Erie railroad company; in favor |
Of Hannah NJ. Needham; to provide for |
furnishing certain documents 10 law Ebrary
societies IN each county; to reduce the captal Of
the taunton street railway company; to amend |
chapter 264 Of the acts OF 1871 relative to the dis
trict courts Of northern and southern Berkshire:
liking theyeompensation of assistant clerk In the |
senate, anu lOr extra clerical service employed by
the clerk of the house; resolve instructing the rail-
road commissioners to make certain inquiries in
relation to connecting roads and report to the next
general court; instructing the har6or commission
ers to make plan for the improvement of South
Boston Hats and report to the next general court
Mr. woodbury., of Boston, asked leave to intro
duce In the house bill to assist the committee of
conference in their deliberaton on the appropria-
lon Dln The bill was to provide a contingent
dnnd OF SliOOO for each branch of the legslafure
Inc bili was opposed by Mr.. Coggsweli, of Var.
mouth, and Fitzgerald, of Boston, aud the house
refused to receive 1t by nearly unanimous vote.
similar bill was introduced in the senate and came
down to the house, where it was Land on the table.
AT half past eight O'Clock this evening the house
TOOK recess of fifteen minutes and while Mr. Put
nam of Worcester occupied tine chair, Mr.. Wash.
Durne OF Boston read an exceedingly pleasant poem
in which the characteristics of all the prominent
members OF the house were pictured with mas
ter's hand. Soon after, Mr.. Woodbury. of Boston
offered resolutions complimentary to the speaker,
| which were unanimously passed.
The senate amended the appropriation bill by ad.
ding to It section providing for the payment to
Dexter 5. King, who contested the seat Of Mr. Park
of Boston, and the house refused to concur in the
same. Both branches adhered to their first deci-
sion, and committee Of conference was appointed
That committee reported that they were unable
| TO agree. Another eommitfna .yae than appoinfad