Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1879-02-22

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auiring this act TO take effect at once, therefore
this act shall take effect from and after its
passage
Sec. I. All acts and parts of acts inconsistent
with this act are hereby repealed.
1t will be observed that the first sec
ton of this bill is inconsistent with itself
the first sentence prescribing not more
than thirty nine lashes for a second con-
viction tor petit larceny, and the last
sentence providing that thirty-nine
lashes shall be inflicted for u first con-
viction Tor petit larceny. Whipping for
second oitenses would neither cut down
costs of crime nor prevent thefts, and
Mr.. Lesueur therefore ~endeavored to
have the bill recommitled without de-
bate. as it could not pass, but asiit was
pressed on the attention of the house,
he offered the following amendment. in
tending to follow 1t up with others to
exempt women. to leave out the second
section as unnecessary. and to require
constables instead of sheriffs to inflict
the punishment:
Amend by substituting section !. ANY
male person hereafter convicted of petit larceny
shall be publicly whipped on his bare back with
a rawhide, the lashes to be not more than forty,
save one. the number to be assessed by the jury,
when the case is tried by u Jury or by the Justice
or Judge In other cases.
The debate was probably the most
animated one which has taken place in
the house. and is condensed in the re-
port to the ST. Louis Republican. as
follows:
Mr.. Anderson said that maudliu sentiment
alone decried the whipping-posr, and men
elected as legislators should take an impartial
view Of the matter, and be governed alone by
reason.
1t had been argued hat this mode of punish
ment was unconstitutional under that clause
which declares that cruel or unjust punishments
shall not be inflicted. He claimed that the pun
lshment as practced by other states in the Union
was not cruel or unjust and had been found the
most efficient and economical mode ever used.
In attempting to alleviate the punishment of
criminals the state of Missouri had heaped suf-
ferlng upon the honest taxpayers. The way of
the trsnsgressor should he made hard and not
easy. Crime should be discouraged instead of
encouraged by laws prompted by false sentl-
mentality. Unless some mode of this kind is
adopted the penitentisry can never rid itself OF
that class of criminals which seek within Its
walls an abode. The first effect of this bill after
becoming operative would be to drive out this
large class of trsmps and petty thieves which
are now such excresences on the body polite.
Mr.. Mccormick said he was u member Of the
committee which reported this bill. and desired
the house would attach no significance to the
| fact of its report. Judge Campbell, of New
York, was quoted on the barbarity of corporal
| punishments inflicted at one time In England
and In the colonies. Mr.. Mccormick declared
that the law would be unconstitutional, as 1t
was q cruel and unusual punishment. The law
would be q dead letter on the statute books. No
tribunal would inhict such a punishment.
| Mr.. Lesueur offered an amendment substitut-
ing male persons for persons IN the first section
Mr.. Lesueur said he had heard nothing so far
which would convince HIM that the law was I'M
constitutional. He presented some statistics
showing the immense criminal costs of the state.
In view of these figures he thought thnt some
law diminishing criminal costs should be adopt
ed. 1t Is thought that this law establishing the
whipping-post will lessen criminal costs at least
one-third. 1t Is urged that this law will effect
immigration. So 1t will; it will cause thieves
to leave the state and hon est men to come in
We use the rod in Jour families and find it eff
| cient, then why not apply it to children OF Il
larger growth
Mr.. Riley: The question to be asked in this
matter is, will it prevent crime; will it reform
criminals? The severity of punishment does
not prevent crime, but the certainty. The
trouble is at present that our laws are not exc
cuted.
Mr.. Harrigan said:he would oppose the amend
ment as we'll as the bill. rs no good could pos
slbly come from it. For one thief IN Ave hun
dred there was no chance for reform. There il
but one way to treat the professional thief, anc
that is to confne him. he will steal wherever
he is, and after whipping him he will be as live.
ly as ever in forty hours.
Mr.. Gwynpe said he believed that only a small
minority of the cltizens of the state were II
favor of establishing the whlpping-post. H.
objected to the courts being made instrument
In the infictIon of cruel and barbarous punish
ment upon the subjects of the country.
Mr.. Mcintyre: There is a great deal of gusl
about the opposition to this bill. and might sa.
''much ado about nothing" The gentleme!
forget that it is the way of the transgresso
which Is hard and not that of the innocent man
There Is a point which we entirely lose sight of
II after q man is fairly tried and found guilty
and then you refuse to punish him according t.
the magnitude Of his crime. you heap cost upol
the poor honest man, and thus punish him in
stead of the criminal.
Mr.. Farr moved the previous.q question. Mo
ton was lost.
Mr.. Campbell thought the punishment shout
be commensurate with the crime. He said tn
bill would not lessen criminal costs, and there
L. H. r-1,,yl 80 t. .-rl $500.
pert a bill indicting corporal punishment
| other laws could be 80 chan yed ~ to cut dow
the criminal costs OF the state.
On motion oil Mr.. Lesueur the bill with amend
ments was reported back to Commute on Grim
t NAL Jurisdiction.
MIR. Farr, OF johnson county, has Offer
I ed a joint and concurrent resolution pre-
t viding for submitting to the voters q
: the next general election a constitutions
amendment changing the seal OF gov
eminent from Jefferson City to Sedalis
Capt. Collins has submitted u bill t
prevent the shooting Of geese after sur
: set.
Capt. Collins joint and %concurrer
A0oolueAou PiofAu6 SohSAoSS ~ hoh
sulphats Of qulnine duty free, has bee
referred to the committee on federal RI
l~ations, and will be reported next weel
Capt. Collins has introduced a bill
which l should have mentioned la!
: week, which protects farmers who Sc
t forage to stock feeders by giving the
a lien on the animals fed. The captain
always alert to the interests OF his CO..
s~tituents, and prompt and fearless in tt
discharge Of his duty.
The appropriation bill, which W:
+ the special order for to-day. was pos
e poned until next Tuesday on account
the absence OF Mr.. Davis, of Salin
chairman OF the ways and means cor
n mittee, who left a few days ago to be
the death bed of his child.
N The following acts have been intr
,e duced into and passed the house:
An act providing that every perse
u who shall exercise the trade or busine
of an auctioneer without a license sha
be deemed guilty OF a misdemeanor.a al
e upon conviction, shall be fined not lie
az than twenty nor more than five hundr
dollars, and shall also be liable for Il
c. amounr of 6nfv Davahle nv law upon ri