Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-02-08
THE NOES HAVE 1T.
TIE Prohibition Amendment Fails
to Pass
The Senate on Its Third and Final
Reading, Fifteen Members Voting
For and Eleven Against It.
PROCEEDINGS OF SENATE AND HOUSE.

The feature Of yesterdays Legislative
proceedings was the defeat OF the resolution
proposing prohibition amendment to the
constitution of the State. The resolution.
it will be remembered, passed the House OF
Delegates by a considerable number of
votes more than the necessary two-thirds.
Its supporters felt quite sanguine OF simi
lar msjority in the upper House, and will
be much disappointed by the Senate's
action. The opposition to the measure has
been growing steadily and rapidly, and for
several days past its defeat has been pre-
-dieted- d-by-those thoroughly acquainted
with the situation. The vote on the pro.
posed amendment was fifteen in favor and
eleven against, three less than the necessary
two-thirds.
The Senate convened yesterday at 10
o'clock.
Mr.. Lobban presented bill No. 81, author.
izing and directing the State Auditor to
pay Elliott Vawter or his personal repre-
sentative sl25.
Mr.. woodward introduced two petitions
from citizens of Jackson county, remon.
strating against any change in the taxing
Of dogs.
Mr.. Byrne offered petition from $50
citizens of Kanawha, asking the Legislature
not to pass House Joint Resolution n. IL
(the prohibition amendment.)
Mr.. Donehoo's motion to read the petit
-hn al h. NJ
Dawson to include all the petitions on the
subject, was lost.
Senate bill No. as passed, modifying the
County Court of Preston, and on motion OF
Mr.. Dawson was deCrced 10 take effect from
its passage.
House bill No. passed, to establish a
County Court and Board of Commissioners
for Berkeley.
Prohibition.
The Prohibition amendment came up on
its third reading,
Mr. Byrne spoke at length against the
amendment. His speech was logical and
able effort, commanding the close atten'
ton of his hearers throughout. Space this
morning prevents us from giving conf
plete synopsis Of the speech as we would
like to do.
Mr.. Smith, Of Tyler, and Mr. Dawson IA
yored the amendment in brief addresses.
Mr.. Farnsworth said: We have had
great discussions here, which have taken
in from the sun down through the stars to
the cess-pools OF stable. The question is
upon the adoption Of the resolution. We
will compare this resolution with the con-
stitution as it is, to see which is the better
of the two. (Mr. Farnsworth here read
the present constitutional provision and
|. the proposed amendment Now, the pro-
position is, shall the amendment be agreed
to. 1t is not the manner in which you
will conduct temperance society or the
business of a church or the proper conduct
for our fair, good ladies, that is not the
question before this body as | understand
it. The question is whether We strike out
the present 10th section and insert the one
proposed We read the manufacture,
sale and keeping for sale of
Intoxicating Liquors.
mixed drinks and preparations to be used
as a beverage are forever prohibited, and
the Legislature shall without delay pro-
vide for the proper legislation to the due
enforcement thereof. Now, is that bet.
ter clause than the present one? Ii 1t Is,
then it seems plain to me the Senate should
agree to il and strike the other out, Accord
ing to the present section, laws may be
liquors within the State limits. Now there
is a plain clause authorizing the Legisla-
ture to act Now will this amendment
prohibit? Is il not snare which will en-
trench liquor men in our midst as long as
the constitution exists enabling them TO
deal out whisky under the cloak OF the
law? ! contend if adopted, this will not
prohibit. You see that word beverage is
all they rely on. That word beverage can
be disposed of in various ways. The whole
human family is diseased. They need
not take it as beverage, but as medi.
cine. It says further that the Legislature
shall without delay
Provide Legislation.
Now, the present constitution provides that
the Legislature may pass positive laws
regulating or prohibiting the traffic.
Ought we to put in the constitution what
/ consider meaningless cisuse;a clause
so finely wrought that lawyers would diff
fer as to its meaning and intent, and stri ke
out plain clause which no one could mis-
understand? Mr.. President, have said |
would favor the submission OF the amend
ment, and have honestly and carefully
compared these two propositions and /
cannot get the consent OF my minn to
strike out that and insert this. | cannot
honestly, get the consent Of my conscience
to do il. | believe the people, IL they I'M.
derstood the propositions, II they bad both
before them, would prefer the constitution
az it is to this meaningless amendment,
which would only bring trouble and con-
fusion into our State,
Mr.. Scott. Of Ohio county, opposed the
amendment.
The ayes and noes being called
the bill was defeated by vote
OF II to IS, Messrs. Barbee Burgess, ,Coburn,
Dawson. Harvey, Hays, Hostutler, Lobbsn,
Maxwell, McGrew, Roberts, Samples, Smith,
(of Marion, Smith iof Tyler and Wood
va d voting in the affirmative, and Messrs.
Byrne. Dawson, Floyd, Donehoo, Melvin,
Scott, stollings, Yanmeter, McSeel, Price
and the President (Farnsworth) in the mega
tive.
The Senate then took a recess till 3
o'clock.
AFTERNOON SESSION.
The Senate reconvened at 3 o'clock.
The long calendar for the day OF bills
on the first and second reading was taken
up, where the prohibition amendment had
interrupted il at II o'clock, and occupied
the entire evening session, confined chiefly
TO the consideration OF one bill.
Petitions were presented by Messrs. Bar
bee and woodward from citizens OF Jackson
county demonstrating against any change
in thu dog law.
Mr.. woodyard's resolution was adopted,
ipstructing the auditor to furnish q state.
ment to the Senate why al Of the sum OF
so, ,4O7. .25 accruing from the sale Of State
claim against the Merchants Bank, Charles.
ton. was credited TO the general school fund.
On motion, the Senate went into e1ecu.
tive session.
HOUSE OF DELEGATES
Messrs. Chambers and Collins obtained