The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-03-13

| Bloom.
Finance Committee.
; b to establish legal and conventional
rate Of interest was taken up, and Hous
! amendment was cOncurTed in.
| Mr.. President
! The undersigned, a minority of You
| committee to whom was referred an &C
making an appropriation for the paymen
| of rewards and expenses incurred by tn
| Governor. in experimenting and prosecuting
| certain murderers and forgers. not being
| able To agree with majorltyOf said com
/ mittee, beg leave to submit the following
| report aud recommend that said bill do no
| pass, for the following reasons:
lst. The bill appropriates the enormous
| sum of SlI ,2j6 0S for the arrest and prose
cution of certain persons therein named
| and certain alleged incidental expense;
| incurred therein. The sum that the Exec
utive i authorized to spend for such pur-
poses, is fully specified and wisely limited
by section 105 OF the Revised Code of 1871
The sum specified in that section is the
only sum authorized by law to be expended
for such purposes, and any sum IN excess OF
this is unwarranUed by law. and IT the Gov
ernor, or any other public servant, enters
into transactions, or does any act under
color of his office. not expressly or by clear
implication authorized by the law of the
land, he becomes yiolator Of the law and a
usurper of power, and any sanction or
cOuntenance To such unauthorized act, - an
dpDiOhuI Vi anu CilSOOI ShA'AA~ ~ 4N"
breakers.
ID. large proportion of the expendi-
ture for which payment IS asked Is ~ d per
diem for G. 5. Bell, employed by the Gov
ernor as detective. The employment OF
such officer by the Governor IS without
authority of law, contrary to public policy,
and a patent violation of the spirit of free
government.
Bird The item of $500 to ). /. Smith, of
Scott county, for the arrest of Warren Bal
-, IL xr.Bt S,.l
the bill proposes payment, is not supported
by sufficient proof. Smith was authorized
bv the Governor to make the arrest, as
shown by a copy OF the Governors letter to
him and accompanying the bill as proof of
this item-and the only proof on which the
same is based. The undersigned are not
cogniZant of any law authorizing, nor any
public obligation requiring the Governor
to invade the province of the civil authorl-
ties of Scott county, or any other county,
and appoint Others TO execute the law thsn
those selected by the qualified electors of
that county. There is, moreover, no suffi-
cient evidence before the Committee that
Bailey had committed any crime warrant
ing an arrest; and in addition to this, it
was made to appear 10y a statement of the
Governor before the Committee, that Smith
had killed Bailey in attempting to arrest
him, and that grand jury of Scott county
had preferred an Indictment against him
for this act, and before trial His EXcellency
pardoned him. This finding Of a grand
Jury of the county where the transaction
occurred acting under oath to present no
man through i'll will or malice-is certainly
strong presum ptive evidence of Smiths
guilt, and is entitled to more weight than
the pardon, the reasons for which are I'M
known, althOuH D section los of the Revised
Code of 1871 makes it the duty of the Gov
ernor to transmit to the Legislature re-
port of all pardons granted by him, with
the reasons fully set forth for his action
With these facts in view, it would be eX-
ceedir civ improper, if not criminal, to al
low this item. For these and other reasons,
the undersigned recommend that said bill
do not pass.
II. CASSIDY, Jr,
w. l.. LYLES.
Report received
Mr. Caldwell moved to call up an act to
amend sections 240 and PAL, of the Revised
Code. Carried.
House amendment concurred in.
Mr. Caldwell moved to reconsider action
just had, and to table the motion to recon-
slider. Carried.
The following bills were introduced:
BY Mr. Gray An act to incorporate the
Greenville Building and Savings Associa-
ton.
Committee on Banks and Banking.
Also, An act to incorporate the South
western Construction Company.
Corporations.
By Mr. Morgan: An act for the relief of
c. c. Jones.
Finance Committee.
An act to encourage immigration was
lost on its passage.
Mr. Gray moved to call up act to au-
thorize the town of GreenVille to issue bonds
and establish fire department. Carried.
Committee amendments adopted.
Mr. Mcclure moved that the bill be en-
crossed with amendments. Carried.
II B Q 5, An act to provide for special
Judges of the Supreme Court, in eases
where any of the Judges of the Court shall
be related to any of the parties in suit.
Passed.
INTRODUCTION OF RESOLUTIONS.
BY Mr. Gray:
Whereas, Andrew Jackson, convict in
the State Penitentiary, has been inhumanly
whipped and otherwise maltreated, while
employed on the Aberdeen Railroad, by one
Emerson, guard or overseer over the con-
victs; and another convict, name unknown,
was also treated in a like manner, at the
same place, by one Mat O'Brien and Mr. Lee,
in the employ of the parties having charge
of the Penitentiary. Therefore,
Be it resolved, That committee of two
on the part of the Senate and = on the
part of the House, be appointed to investi-
gate the charges made above, and general
treatment shown towards the convictS OF
the Penitentiary. and to report to the Legis-
lature. at an early day, such recommends
tions as they may deem necessary for the
better government and treatment of said
convictS.
Said committee shall have power to send
for persons and papers, and to administer
oaths where deemed necessary.
Adopted.
Committee: Messrs Little and Lylcs.
The following bills were introduced and
referred:
BY Mr. Cassidy: An act to revive an act
to insure the collection of the jury tax fee.
Judiciary.
By Mr. Allen: An act to amend the char
ter of the Vicksburg, Pensacola and Ship
Island Railroad Company.
Railroads.
Bv Mr. Sullivan An act to amend the
statute of limitation in relation to sealed in
StrumeutS.
Judiciary.
By Mr. Cassidy: An act to incorporate
the Educational Society of South Mississip-
pi and East louisiana.
Judiciary.
Numerous committee reports were re-
ceived, and the Senate adjourned.
HOUSE.
THIRTY-SEVENTH DAY.