Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1872-02-15

There was quite an excitement yesterday in
both branches of the legislature in relation to
a new law concerning demurrers. According
to the old law if demurrer was filed and that
demurrer was overruled by the court the de-
PENDANT was adjudged guilty, whether really
guilty or not that is to say, the defendant
could not demur to an indictment, however
unjust, without pleading guilty to the charge
and going to judgment in chief without any
chance whatever of subsequent hearing. 1t
has long been apparent to members of the bar
and others that this can hardly be called just.
No matter how many errors an indictment
contained or how many blunders the defend
ants counsel might make, if the defendant de-
INJURED to the proceedings he virtually plead
guilty. Another obnoxious feature of the old
law was the fact that this state fittings did not
apply to all cases alike. For instance, man
could sue you falsely to collect the paltry
sum of ten dollars and demurrer could be
entered with comparative safety; but if your
life or liberty, thousand times more import
ant than money-were at stake, you could
not demur, however wrongful the charge,
without the risk of death or Imprisonment as
the case might be.
We understand that the new law provides
that "unless the demurrer is evidently intend
ed for a frivolous purpose" in all cases of
felony the defendant may "answer over"
that is, he may test the law before he goes to
the expense and disgrace Of public trial, in
stead of after it as heretofore. We under
stand that the new law in no way applies
to liquor cases or to ordinary misdemeanors,
but only to the higher crimes where tits of the
utmost importance that the defendant should
have the beneft of such a provision.
The insurance agents from Portland, Ban
gor and elsewhere were out in force yester-
day. and appeared in solid column before
the Insurance committee, in opposition to the
ance bill, now pending before the Legislature.
The bill is additional to chapter 40 of the Re-
vised Statutes, respecting insurance and in
surance companies. The amendment was
offered last Friday by Senator Foster of Ban
gor, and provides for State tax of two per
cent. on all insurance companies out Of the
country doing business in Maine and those of
other States doing business in this State.
Hon. A. w. Paine of Bangor, Insurance Com
missioner, Prentiss Loring, Esq, of Portland.
and others, made quite lengthy arguments
against the measure, claiming that it would
have the effect to drive the most stable and re-
liable insurance companies from the State, to
the detriment of insurers. The amendment is
retaliatory, because in some of the States
"foreign" insurance companies (including all
outside OF that particular State) are taxed
upon-their business done in those States and
those who favor the amendment wish to serve
these companies who came to Maine to do
business, as the Maine companies are served
in their States. Mr.. Ruggles of Bangor ap-
peared in favor of the amendment. The dis
cussion yesterday afternoon was quite an ami
mated one, and at the close of it the commit
tee voted 5 to 3 to recommend to the Senate
to strike out the amendment
The levee ofthe Capital Guards, which is to
be holden in Granite Hall this and tomorrow
evenings, is, we believe, the only entertain
ment in which this company has been direct
ly interested since its organization, except
one about the time of its formation. The
slight pecuniary aid which the State furnishes
renders tho burden quite heavy on those who
in these companies strive TO preserve the
military culture gained at grant cost