The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-03-02
BY TELEGRAPH.
FIFTY-THIRD LEGISLATURES.

Il IL - A1nO ALU1GLA1 y 1OCs
SENATE.
AUGUSTA. Feb. %.
House papers disposed of in concurrence.
The report of the Committee ON Railroads on
the bill for a railroad from West Waterville to
Augusta, which the Senate had referred to the
next Legislature came from the House with
the bill passed to be engrossed. The bill was
styled an act to incorporate the Muss alonskee
and Kennebec Railroad Company. The Senate
adopted the House amendments to the report.
Mr.. Webster moved to assign next Tuesday for
the further consideration of the bill
Mr.. Palmer of Somerset hoped the bill would
be considered at the present time.
Mr.. Lothrop understood that the Senator
from Kennebec, Mr.. Webb who was interest
ed in the bill, and was absent en- account of
the sickness of his father, would be likely to be
gone several days, and he hoped there would
be no delay.
Mr.. Burgess favored the bill, but he must
show to the Senator from Kennebec that cour-
tesy which had been accorded to him [Burgess]
in his late illness. and he should therefore vote
for delay.
Mr.. Palmer of Penobscot favored delay. He
knew very little about the matter, but should
go against it if it was pressed now. There
was time enough for consideration of the SUBJ
ject
Mr. Palmer Of Somerset remarked that this
road was the only remaining link required in
through line from Canada to Wiscasset, which
if chartered would surely be built by foreign
capital.
Mr.. Foster called for the yeas and nays on
the question but subsequently Withdrew the
call.
The bill was assigned for next Tuesday.
The bill to define the offences of murder
came up for its first reading.
Mr.. Burgess inquired if this bill was the one
the Judiciary Committee were to report if the
bill to abolish capital punishment was defeat
ed.
M. Emery explained that this bill defined
more particularly the offence Of murder. The
bill the Senator from Cumberland alluded to
was in relation to proceedings in capital cases.
Mr.. Foster inquired if the crime of man.
slaughter did not cover the crime as defined by
this bill.
Mr.. Emery replied that this bill introduced
the feature of the provocation of great
wrong which might have been perpetrated at a
considerable time, before the act of killing
Mr.. Foster was of opinion that the criminal
would in every case find the provocation of a
great wrong to excuse his crime
Mr.. Cutler moved the indefinite postpone
ment of the bill.
Mr.. Foster, though the bill was one of the
last r,A,r 10 vso1
for the consideration of the Legislators. 1t
was premium on crime. He called attention
to portion of the second section "The great
wrong, the provocation of which shall be
deemed to effect 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 to have been
threatened or apprehended."
Mr.. Cutler thought that by this bill we ex-
pressly say to the criminal that he can take
life at pleasure.
Mr.. Emery moved to table. Lost to o.
The bill was indefinitely postponed IL to 4.
Bill an act concerning proceedings in capital
cases came up on its passage to be engrossed
Mr.. Cutler thought the title to the bill was
well calculated to deceive. 1t should be en-
titled hill an act to erect the gallows in Maine.
The title was misnomer. He was unalterably
opposed to the bill. He moved its indefinite
postponement
Mr.. Emery explained the action of the Com
mittee. He had also twice voted to abolish the.
death penalty. The bill did not erect the gal
lows, they were already erected and had been
twice used within dozen years.
Mr.. Coffin called for the yeas and nays,
which were taken, resulting IL yeas 10 nays,
and the bill was indefinitely postponed.
The bill relating to the inmates of the In
sane Asylum came up on its passage to be en-
crossed. Several amendments were presented
for action in their order, pending which the
bill was tabled on Mr.. Fosters motion.
The resolve in favor of the Reform School
was taken up.
Mr.. Lothrop moved to strike out $40, 900 and
insert $4,000. This proposition was discussed
at considerable length by Messrs Lothrop,
Foster and Burgess.
Mr.. Foster proposed amendment B. in case
the pending amendment was adopted. This
amendment provides, "And that the further
sum of $4,000, in addition to the $4,000, be
appropriated on condition tn at the legal title to
the land and buildings, to which the State now
has only conditional title so long as the same
are used for Reform School, be granted to the
State of Maine, without further cost to the
State.
Mr.. Burgess remarked that there seemed to
be manifest intention on the part of some
Senators to attack any measure that relates to
our reformatory institutions. He answered the
objections that had been raised against the re-
solve. He had not statistics in his possession,
but he was satisfied from his own knowledge
that large numbers of boys in the Reform
School had been reformed. The trustees had
recommended certain improvements to be made
in the institution. A new line of policy was
suggested. which should be adopted. He hoped
that the recommendations of the trustees
would be needed. The $4,000 asked for in the
resolve was to go for permanent improvements
and would not be lost to the State. The city
OF Portland twenty years ago had purchased q
lot of land and gave it to the State in trust
with the understanding that it should moi
abandon the Reform School. He thought il
an unwise policy to adopt such legislation as
proposed.
MIR. Foster argued that the State shall have
an indefeasible title in the land of the institu.
ton, which he believed was right and equit
| able
The debate was continued by 'Messrs. Lo
throp, Burgess, Foster, Cutler, Emery, Palmer
| and Morrison
Mr. Lothrop called for the yeas and nays OF
the adoption of his amendment, which result
ed as follows: Yeas II, nays 8. So the
amendment striking out 900 and inserting
$4,000 was carried. II to g.
Mr.. Foster explained why he opposed thu
amendment. He did MT believe in the Stat
of Maine holding a conditional title in its in
situations. He did not want the premises o
land to revert or lapse to the original owner
on account of any technical reason This OBJ
Ject was to have clear title invested in tn
| State
Amendment "B,' offered by IMr. Foster wa
next in order, on the adoption of which tn
yeas and nays were ordered, resu lting as fol
lows: Yeas Is, nays 5.
The resolve passed to be engrosse.l.
The Senate..voted to hold an afta rnoon ses
| sion at 2.3O o'clock
Passed to be Enacted-Bill in reIati on to th
protection of bottles used by manufach lrers Q
ginger ale and small beer: to amend Set ,tiOn