Daily Kennebec journal., 1877-01-18
MAINE LEGISLAIU URE.
Senate.
WEDNESDAY, Jan. Il


Papers from the House disposed of in concur
renee.
On motion of Mr. VINToN,
Ordered, That the Committee on the Judiciary
be instructed 10 inquire into the expediency Of
Amending sec. Is, OF chap IL of the revised stat
utes, by striking out the word may" in the third
line OF said secion and inserting the word "shap
aud report bill or otherwise.
On motion OF Mr.. WHEELwRIGHr,
Ordered, That the Judiciary Co nmittee inquire
10 order to insure safety from fire to assemblies
and collections of persons halls, hotels, mills
and other places OF public resort. rs.
On motion of Mr.. JORDAN,
Ordered, That the Committee on Financial Al
| fairs inquire into the expediency of rehling and
lnde1ing the legislative papers of the State.
On motion OF the same Senator,
Ordered, That the Committee on Legal Affairs
act approved Feb. 23, 1876, relating to trsmps and
vagrsnts.
On motion of Mr.. BRAcKErr,
Ordered, That the Maine Editors' and Publish
| ers Association be allowed the use Of the Senate
Chamber, Wednesday evening, Jan, IL.
MIR. kYEs from the committee OF conference on
dissgreeng vote of the two branches on order re-
ialug to authorizing the Committees on Educa-
| tiou, State Prison, Insane Hospital, Reform
School, Agriculture and Military Affairs, to visit
| the various institutions they represent, reported
| that the committee was unable to agree with the
committee on the part OF the House and ask to be
| discharged.
Mr.. WHEKLwR1GHT, from the Committee on the
Judiciary, To which referred order relating to
| resolve OF the city government OF Portland,
| asking for an amendment to the constitution, re-
lsting to the qualification of voters, reported leg
lslatlon lnexpedient.
| Mr.. JORDAN from the Androscoggin delega-
| tion, to which was referred petition of NJ. T.
Ludden and others, referred from last legislature,
praying that Superior court be established with
| IN and for the county of Androscoggin, reported
that the same be indefinitely postponed.
| Mr.. VINToN from the Committee on the Judi
| ciary. to which was referred Dll act to enable
jewellers to sell articles lett with them for repairs
| and not called for, reported ought not to pass.
Also on order relating to providing tor right of
appeal in divorce cases, reported legislation mex
pedient
On motion of Mr.. PEAKS,
| Ordered, That message be sent to the House
| OF Representatives, proposing that the joint
ventlon Of the legislature required by section Is
Of chap. title IL of the Revised Statutes, to be
| convened this day at II o'clock meridian, for the
purpose of competing and declaring the election
of United States Senator to ill the vacancy
| caused by the resignation of Hon. Lot NJ. Nor
ril, and for completing and declaring the election
of United States senator for the term of six years
| commencing on the fourth day of March next, be
held in the hall of the House of Representatives,
and asking the concurrence Of the House.
The message was conveyed by the Secretary.
| Subsequently message was received from the
House informing the Senate Of Its concurrence Ia
| the foregoing proposition.
AT the hour assigned for the convention, the
Senate proceeded to the Representatives Hall.
(See House Report.)
| On motion OF Mr.. BARTLETT,
| Ordered, That the Committee on State Lands
and State Roads be instructed to inquire into the
propriety of refunding to E. w. Shaw and +. X.
Weober the money paid by them to the state for
lands to which the State had no legal title, to-
gether with interest thereon and expenses in
Cured DO said parties.
MIR. BRAcKETT offered the following
Ordered That the Judiciary committee inquire
| into the expediency of reporting bill to make
death the penalty Tor murder IN the first degree.
MIR. WHITE moved the indefinite postponement
| Of the order. He thought 1t was 40 more than
fair to give the present law fair trial. 1t was q
matter of too great Importance to have 1t made 3
| shuttecock between the two branches.
MIR. WHEELwRIeHT opposed the motion to in
definitely postpone. The members Of this board
| must be aware that this was a serious matter, and
one in which the inhabitants OF the State felt
deep interest. Ii Is remarkable fact that for If
teel months previous to the abolition of the death
penalty, there was but one case of murder. Since
| then there has been eight murders IN as many
months, much larger number than had occurred
for years previous to the present law. For his
own part he believed in capital punishment. 1t
was right, and he was willing to put himself, as
| he always had, on the record.
Mr.. STEVENS did not wish to take up the time
of the Senate in a discussion OF this matter. He
n the position he had taken. that 1t would be boys
play to take up this matter. 1t had been discussed
over and over again in the legislature, and de-
cision had been reached. He referred to the Gov
ernors views in his recent message, when be said
that the substitution of Imprisonment for life for
the death penalty has not been followed by An in-
crease of the crime which it is the object of the
| law under consideration to punish. Ihere had
not been one case OF indictment for murder IN the
first degree during the past year. 1t was no use
l m ats nd mn hara md
at this time. In all nations where the death PEN
atty has been abolished it has not had the tenden-
cy to increase crime. He thought the law should
| be given q fair trial.
Mr. Phillips thought the objections raised did
not quite meet the case. He stood on his record
| when he was a member of the House, and the
matter had been considered. While the remarks
| of the Senator from Hancock had weight, they
| did not quite convince him. He did not think
that a law like the present one, which was carried
| through by pressure and outside influences should
stand. He believed that out of courtesy to the
Senator who had introduced the order, that it was
entitled to consideration, and for one, he was
ready to meet the question.
| Mr.. VINToN remarked that this was simply an
order of inquiry, and ou of courtesy to the mover
OF 1t he believed 1t ought to pass. 1t struck him
as quite unusual to treat the order proposed.
Mr.. WHITE disclaimed any feeling of discourte-
sy. He was of the opinion that we were to have
brief session, and if this matter is agitated it
must necessarily prolong the session. Taking In.
to consideration that the matter has been discussed
in the legislature for several years past and that
| the people of the State divided in opinion,
it was no more than fair to let the present law
have fair trial.
Mr.. WHEELwRIGar thought if the matter last
winter had been submitted to the people 1t would
have resulted in retaining the death penalty.
Mr.. STEVENS thought otherwise. He believed
that majority of the people to-day in this State
were In favor of the law, and of giving il fair
test. If the matter goes before q committee, the
friends of the old law, and the friends of capital
punishment will appear, and the old discussions
there and in the legislature will be repeated. This
would prolong the session. He was in favor of
staying here to attend to the necessary business
of the session, but not to indulge in what seemed
TO him as unnecessary debate, and on q matter
which the people had already decided.
| MIR. kYEs believed that the order would i'm
pose an extra burden on the committee. The
question had been so often and so recently dis
| cussed that its introduction here now, he thought
was unnecessary. He did not think the law
| ought to be disturbed.
Mr.. WEBB moved that when the vote is taken 1t
be by rising.
Mr.. BRACKET moved to amend that when the
vote is taken it be taken By yeas and nays, and it
was so voted.
Mr.. VINToN believed this was proper way to
dispose of the order, but be rose to say that his
vote when given must not be construed TO indicate
LConciuied on second psge,i