The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-18
FIFTY-FIFTH LEGISLATURES.
Especial to the Press.l
SENATE.

i0way river in Oxford county, camo p"oA hou
the House. that body having voted to adhere
to its vote to indefinitely postpone the bill.
Senator Swasey stated that the state had re
ceiyed from stumpage and sale of public lands
in Oxford county the past year $4,000. This
is the only claim put in this year from that
county. The Senate then voted to insist and
called for conference committee and Messrs.
ed as that committee.
The bill to set off Burttell Island from the
the town of Mt. Desert to fremont came up
from the House and was assigned for to-mor-
row.
The Committee on State Lands reported
resolve appropriating $500 for road through
Dennis Notch in Oxford county.
The Granger claim against the Passamaquod-
dy tribe of Indians was referred to the Governor
and Council
The capital punishment bill came up on its
second reading Senator Wheelwright offered
an amendment in the shape OF an additional
section, as follows:
Section $50 much of the act as relates to
capital punishment shall not take effect til!
it shall have been accepted by a majority of
on the second Monday of September next.
Senator Swasey regarded this as a flank
movement, SO that the Senate should not have
thought the plan unconstitutional. The law
making power of the state is vested in the
Legislature, and it would be Sinking of du-
ties to adopt the amendment. He proceeded
at length to present the merits Of the bill. He
held that it is fact that the law as it stands Is
a trig to the wheels of justice, an account of
the counsel for the defense working upon the
feelings of the jury, by putting in the plea of
insanity, or by putting in the plea of self.de-
tense. Both these propositions he argued at
length, citing the case of Robbins, the "Annie
3" murderer, who is now in the Insane Asy-
lum. In regard to the plea of self-defence, he
said, II q man meets me inthe street today
and presents a revolver at my head, 1 have a
have not right to meet him on the str eet to-
morrow and shoot him down. Just so with the
state. A man commits murder today. In .
year perhaps he is tried, and il convicted, in
another year he is led out to be hung. The
only plea put forward is that: "Sir, you have
killed a fellow citizen. In order to defend
ourself from further acts we hang you" He
thought the majority of the citizens Of the
state were in favor of the adjustment of the
death penalty. He claimed that if the people
VI
greatest safeguard to society, you must abolish
the death penalty. This is the statement of
the Supreme Court of the state. He further
referred to the liability of hanging innocent
men. He referred to. the detective
police force system of the coun-
for money bring up string or evidence which
convict man who is known 10 be innocent.
He regarded them as dangerous to innocent
men. He further alluded to the flank move
ment, as he characterized it, of the Opposers of
the bill and urged the Senate to defeat it, and
to pass the bill. Senator Wheelwright said he
had not intended it as flank movement He
thought had the people elected the senators
and representatives with the express purpose of
passing upon this question it would be compe-
tent for them to do SO, but inasmuch as the
whole people are divided upon it, it should be
submitted to them. As regards the proposition
of self-defence, he conceded that the injured
man had no right to kill his assailant after the
time of danger had passed, but he thought So
ciety, which is constantly threatened, had that
right. He alluded to the exercise Of the par
doning power, and alluded as an example to
the state of illinois, the governor of which has
within the past year pardoned II persons con-
victed either of murder or manslaughter. Mr..
Swasey said the tone of the amendment was
either to kill the bill or to say to the next Leg
lows must take care of it," He referred to the
statement regarding the pardoning power and
said that under the bill pardon can be
granted in this state only on discovery and
presentation of new evidence.
At the conclusion of Senator Swasey's re-
marks the Senate adjourned till a. m. to-mor-
row.
Senate papers except the bill to reduce the
dividends of savings banks to 5 per cent, pass
ed by the Senate and indefinitely postponed by
the House, were disposed of in concurrence
On the measure referred to the House insisted
on its former vote.
Mr. Shepherd of Skowhegan, presented a
bill to confer additional powers of the Judge
Probate of Somerset county, which was passed
to be engrossed under suspension of the rules.
Mr. Talbot of East Machias, presented bill
SO amending the nuisance act" that the term
shall not apply to places where unadulterated
cider or wine made from fruit grown in this
state are sold. Sent to the Temperance Com
mittee.
Reports of C0manaittees-The Judiciary Com
mittee reported bill to make valid the doings
of Westport; also legislation inexpedienG on
order relating to the expediency of authorizing
County Commissioners to regulate tolls on
bridges.
the next Legislature on the petition of inhabi-
tants of st. Francis Plantation, praying for
state valuation.
The Commerce Committee reported bill to
prevent the throwing of coal, tar or waters i'm
pregnated with coal gas into saco river at Bid
The Committee on Fisheries reported bill
to abolish the office of Fish commissioners,
which is to go into effect September 1st Or
dered printed.
Mr.. White of Bucksport, to whom was as
signed the duty of presenting to the Finance
Committee, of which he is y memeber, some
measure for the taxation of insurance compa-
MES, presented to the House bill relating to
the taxation of insurance companies, which, on
his motion, was read twice and printed. Seq.
ton declares that every insurance company
doing business in Maine shall pay an annual
tax of 2 per cent upon all premiums received,
whether in cash or notes absolutely payable, in
excess over losses actually paid during the year
The next three sections define the manner in
which the tax shall be assessed and collected,
and the penalty of Noncompliance by insur-
ance companies. Section provides that insur-
ance companies organized in any state which
imposes greater tax upon any company or.
ganizet in this state than per cent on the net
receipts, the same tax that said state imposes
on said companies shall be assessed upon COM
panies organized in that state and doing bust
ness in Maine.
AhO oPOoioi aooif,uuACht Aol ~ v WYNN Woo eho
bill to authorize Camden village corporation,
which has created much interest for a local
matter. Mr.. Stone of Bideeford, opposed the
bill and offered an amendment requiring two
thirds vote of the voters within the corporation.
Mr.. Cleaves opposed, and argued that the peo-
pie of Camden village should be allowed to act
for themselves in matters of local interest, and
not be treated as if under close guardianship.
Mr.. White of Bucksport, favored the amend
ment. Mr.. Thompson opposed the same on
constitutional grounds. After two hours de-
bate Mr.. Stones amendment was rejected by
yea and nay vote, Al to75. The bill as report
ed by the committee was then passed to be en-
crossed.
MIR. Porter called up the bill to close up the
land Office. The bill authorizes the Governor
and Council to appoint "a nd Agent and take
measures to close up the affairs of that depart
ment as soon as possible. Mr.. Porter explain
ed that there was much business not yet finish
ed, showing the necessity of continuing the
Office until the affairs were wound up. Mr..
Talbot opposed the bill and pitched into the
management of the land Office as extravagant,
saying that it cost $6OO0a year to run the office.
Mr.. Powers replied that the Lane Agent since
in Offica had maid into tho ctafa 900 ALI in