Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1874-02-28
MAINE LEGTSLATURE.
Senate.

| to the Union School District Property il the
towns of Wcstbrook and necrng was read
twice, under q suspension OF the rules. ana
given Il passage.
On motion of Mr.. PALMER OF penobsco;, an
act TO confirm the articles OF agreement by,
and between the European 6 North American
Hallway Co., was read twice, under susNen-
sion Of the rules, and given passage.
Mr. WFpE from the Committee on the Ju-
dietary, an act for the promotion Of railroad
corporations, general railroad Committee
reported ought not to pass.
Mr.. Foss from the Committee on Library,
reported u resolve to amend resolve APP
proved Feb. -, 1872. regulating the number
and pay of clerks in the several departments.
Read and assigned.
Mr.. EMERY from the Committee of Coafcr-
ence on the disagreeing vote of the two
houses on bill an act to abolish the d. ath pen
atty, report that the committee is unable to
agree in relation to said bill, and ask to be
discharged. Report accepted.
Final reports were made by Committees on
Library Banks and Banking and Towns.
Mr. EMERY from the Committee on the Jul
dietary reported an act for the better protec-
lion Of human life, in new draft. Printed
under tho rule. This amends the law as
follows
The second section OF the one hundred and
eighteenth chapter OF the revised statutes Is
hereby amended by inserting after the word
"4fotethought," the words, lard without the
proyocaiion of great wong SO that said
section, as amended, shall read as follows ::
When murder is committed with express
malice aforethought, and withou. the provo
cation of great wrong, or in perpetratlng or
attempting to perpetrate crime punishable
| by death, Imprisonment for life, or fer an UNI
| limited term of years, it shall be deemed
| murder of the first degree, and punished with
| death.
The third section Of said chapter is hereby
| amended, so rs to read as follows
| When murder is committed without express
malice aforethoUght, and is not committed in
perpetrating or attempting to perpetrate a
crime punishable by death, Imprisonment for
| life, or for an unlimited term of years, and
| without the provocati0R OF a great wrong, 1t
shall be deemed murder of the second degree,
| and punished by Imprisonment for life. And
when murder is committed under the provo
| cation Of q great wrong, it shall be deemed
murder of the third degree, and punished by
imprisonment for life, or for any term OF
years, at the discretion of the court. But the
great wrong, the provocation of which shall
be deemed to affect the degree of murder
shall be proved by the prisoner to the full
satisfaction of the jury to have been actually
done by the person murdered, and not merely
10 have been threatened or apprehended; and
furthermore, it must be o crime, and that,
too, one for which no adequate legal redress
exists And il shall be the duty of the court
instructiag any grand jury or traverse jury
by whom IN accusation of murder is to be eX-
amincd or tried, carefully to explain the dis
tinction between the different degrees of muir
der, and between murder ard manslaughter."
Mr. CARR from the Committee on Banks
II fal nat ~, irnr TO
the Peoples Savings Bank. Read and as
signed.
Resolve in favor OF the State Reform School
pending its passage to be engrossea, was
tabled on motion OF Mr.. LoTHRor.
On motion of Mr.. LoTHRoP, the vote was
RECONSTRUCTED whereby the Senate passed to
be engrossed bill an act relating to commit
ments of certain classes to the Reform School.
and the same was tabled.
On motion of Mr.. EMERY, bill an act con-
corning proceedings in capital cases, was
taken from the table, read once, and assigned
for Tomorrow.
On motion of Mr.. LoTnRoP, it was
Ordered That the Hon. Isaac Palmer be
excused from further attendance as Senator
at this session, on and after Saturday, the
2Sth inst, and the Secretary make up his pay
for the session.
An act additional to chap. Of the revised
statutes relating to taxes was taken from the
table, on motion of Mr.. WEDB, and given a
passage.
An act additional to chap. As of the revised
statutes relating to interest, came up on its
passage to be engrossed as amended.
Mr. Foster moved to further amend by
striking out all after the word due" in 9th
line of sec. printed bill House Document
No. 49, s'and bear ineres. at the rate agreed
upon in the contract"
Mr.. EMERY favored the amendment.
Mr.. WEBB opposed, and moved the indefi-
mite postponement Of the bill.
MIR. FOSTER supported his amendment.
Mr. PALMER of Penobscot favored indefi-
mite postponement.
The Senate voted to indefinitely postpone
the bill, IL to I.
Resolve in favor of the Maine General Hos
ptal was taken from the table, and given a
passage. This resolve appropriates $685.
900.
READ AND AssIGNuD-An act to amend sec.
81, of chap. of the revised statutes, relating to
taxes on certain lands in unincorporated places ;
an act to amend sec. "a, chap. IL ofthe revised
statutes, relating to the powers and duties of
supervisors and experimenting school com
mittees; an act to amend sec. ICY, of chap.
of the revised statutes, relating to the col
lection of taxes; an act to incorporate the
North Haven Hotel CO.; an act granting
a charter to the Alumni Association of Bates
College; an act to lcgalize the doings of the
town of Woolwich to aid the Sagadahoc Fer
ry Co.; an act to incorporate the Portland
Mutual Fishing Insurance Co. resolve lay
ing a tax on the several counties of the State;
an act to amend chap. l43 of revised statutes
relating to the insane hospital, for the better
management of the said hospital, the protec-
ton Of its inmates, and the regulation of con-
mitments thereto; an act relating to the dis.
charge of mortgages; resolve making appro-
priation for the propagation of fish; an act
relating to taxes.
PASSED TO BE ENGRossED-Resolv relating
to settlers lots under the treaty of Washington;
resolve for the preservation OF plans and rec
ords in the State Land Office; resolve in favor
road in Castle Hill, Aroostook County resolve
in aid of Mattawamkcag bridge, in Bancroft
Plantation; resolve providing for keep
ing in repair the road from the Forks, to the
Canada Line; resolve in favor of the town of
Mayfieid; resolve in favor of Josiah
Coolidge and Nicholas J. Thomas; re-
solve in favor of Chas. L. Murphy; resolve
in favor of Daniel Fling of Easton; resolve
in favor of Daniel w. Brooks of Temple; re-
solve in favor Of the towr &c Eoyt Fairfield;
resolve authorizing the location of certain