Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-02-18
MINE LEGISLATURE.
Senate.
THURSDAY, Feb. II.

THURSDAY, Feb. II.
Senate met according to adjournment.
Prayer BY Rev. Mr.. SANDERsoN of Augusta.
The journal of yesterdays proceedings wa.
read and approved.
Papers from the House disposed of in concur.
renee.
A communication was received from Hon. Par.
ker +. Burleigb, Land Agent, in response to an
order OF the legislature, submitting an exhibit of
the amount of money and notes received by the
state IN the several counties since and including
the year 1870, from the sale of State lands; from
the sale OF stumpage Of timber on lands set apart
for settlement. Also statement Of the number of
lots conveyed by the land agent by authority Of
legislative resolves. Ordered to be printed.
The exhibit shows that the amount Of money
and notes received fl ON sale of sta'e lands to be
212.95; Oxford, SIG, ,173l3; Pi.calaquis, S9,256;
Somerset, Sl0,345.S5. Amount Of money and
notes received from sale Of stumnage of timber on
state lands; Aroostook, S.. .l7S.4S; Penobscot,
and notes received from sale of stumpage Of tim
ber on lands set apart for settlement; Aroostook,
S5I.49i77.1
Bill to establish Normal school at North Bridg-
ton, and maintain the same. came from the House
indefinitely Postponed.
On motion Of Mr.. STEVENS, the Senate non
concurred with the House, and on bis motion, the
bill was referred to the next legislature.
An act to repeal an act entitled an act relating to
armories for military companies was read twice,
poned in concurrence.
An act to repeal chap of the public laws Of
1879, relating to disable soldiers and seamen was
indefinitely postponed in concurrence.
Bill an act to amend an act entitled an act to in
corporate the Win,erport and Bucksport Ferry
Co., came from the House indefinitely postponed.
The Senate receded and concurred.
Resolve in favor Of bridge across Magallaway
river came from the House. that branch adhering
to its vote refusing the resolve passage.
The Senate refused to recede and concur with
the House, and, on motion of Mr.. HAsKKLL,
asked for committee of conference, winch, on
the part of the Senate, was appointed as follows:
Mess 3. Haskell of Cumberland, Peaks Of Penob.
scot, and Wadsworth OF Oxford.
On motion Of Mr.. SwAsEY, q message was
sent to the Governor, asking for the return of bill
an act entitled an act to protect the rights Of mar
red women.
The secretary conveyed the message, and the
bill was returned.
TIE Senate reconsidered its action passing the
bill TO be enacted and to be engrossed, and was
amended on moion Of Mr. SwAsEY, BY correcting
a verbal error. 1t was then passed to be en-
gro> sed.
An act to set off Bartletts island from Mt
Desert TO Trenton, was read once.
Mr.. SwAsEY moved tsindefnite postponement.
Mr.. TOLMAN objected.
Mr.. HINCKLEY favored the motion.
The motion wa: Withdrawn as an act of cour-
tesy to the Senator from Hancock (Tolman,) in
order to have the bill tabled for special assign
meDt Tomorrow, at his request.
On motion of Mr.. WHEELwRIGHr bill an act
to amend acc. 20, chap p Of the revised statutes
in relation 10 persons who travel and sell intoxi-
eating liquors by order samples, was taken
from the liable and recommittcd TO the Committee
on Temperance.
Final reports were made by the Committee on
Claims, Reform School and Commerce.
Mr.. kYES, from the Committee ON Claims, to
which referred resolve in favor of certain
towns and plantations reported that the same be
to hn orA v.,.tA sr.
sructions to report to the next legislature wheth
the sums therein named were illegally and
wrongfully demanded and received of the several
towns and plantations therein named, and, If so,
whether the same Is still equtsbly due them.
Mr.. JORDAN presented resolve in favor of the
Joint Standing Committee the State Prison.
The rules were suspended and the resolve passed
to be engrossed. Provides for payment of $7l.05
for expenses Incurred by Committee.
Resolve in favor of Joseph Granger lappropri-
atiug 81 .4S6.l1, from the Indian fund.- was taken
from the table, and ending its passage to be en-
crossed, MIR. WEBB moved that the resolve be re-
1elred TO the Governor and Council.
Mr.. kYEs obj. citd, and hoped that the Senate
would approve of the action of the Committee,
which was unanimous in reporting favorably upon
it.
Mr.. SwAsEY did not know but that the claim
was all right, and was an equitable one; still, ss
the State Is the guardian of the Indians should
look upon the claim with care and criticism. 1t is
an old claim, matter that has been in litigation
for twenty years. and judgment only recently rem
eled. That fact of Itself throws around it mist.
lie hoped the matter would be referred to the
Governor and Council.
Mr.. kYEs failed to see any reason why the
solve should be so referred. He answered the OBJ
jections made by the Senator from Oxford (Swa.
sey.)
MIR. SwAsEY moved TO amend by presenting All
older requesting TIE Governor to audit and order
the payment of whatever is equitably due or
before June |, next.
Mr.. HASKELL opposed.
The anne ndment was rejected, and the resolve
was given passage.
Resolve in favor of Chapman plantation (appro.
priatng 5000 was taken from the table, and Civ
en- passage on motion of Mr.. DoNwoRTH.
Bill an act to abolish the death penalty and to
regulate the manner of apply ing for pardon in
certain cases was taken from the table on motion
of Mr.. BRACKErT.
The bill was read twice. under suspension of
the rules, and pending its passage to be engrossed
Mr. WHEELwRIGRT proposed to amend by adj
ding the following seciion, and calling for the
yeas and nays on its adoption which were order
ed:
See. - So much of this act as relates to capital
punishment shall not take effect hll it shall have
been accepted by majority of the votes given
in the affirmative by the legal voters of the State
at the election to be held on the second Monday
of September next.
MIR. SwAsEy remarked that he did not propose
to enter upon the discussion of capital punishment.
~ "OHlu pe uuHVNCSssay " ehtcl upon SuCu qucS~
ton, when it had been ably discussed for several
years past, and during the present session in the
House. The proposition of the gentleman Wheel.
wright was flank movement. II was m uncorsti-
tutonal act. The legislature was the law making
power and it could not be delegated to the people,
He did not believe in sucing this question to the
people. The object of the amendment was to de-
feat the main question which the people were
familiar with, ana had made up their minds on 1t.
His own individual opinion was, after full and
candid consideration for years, that We had no
right to take the life OF fellow citizen except in
sell defence; but for the sake of argument he
would admit il. There is a law on the statute
book requiring the execution of Criminals by bang
ing III, m BY the neck until dead. This is done, a.
it Is said for the protect and security of society
ard life. Nothing, il you desire TO place re-
st, amt upon the murderer, is the certainty of
viction whch would deter murderers. A Amsjority
of the peol lie in favor of abolition of the death
penalty, in his judgment. The majority of the
public press is in favor of it. He would not say
that il we abolish the Rallows murders would be
less frequent. lie answered the vsriou, objec-
lions raised against the bill by its opponents,
speaking at considerable length on the pleas Of in
sanity and of self-defence often made. Another
prOpOsItlon Is less consistent which ba3 been made