Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-03-09
of Robbinsfon Simpson of Milford, Stevens, Strou.
Talbot of East Mschias, Talbot of Falmouth, Ward,
Wentworth of North Berwick, White of Richmond.
Wilson, Young.-S.
So the bill was refused a passage.
Adjourned

So the bill was refused passage.
Adjourned.
AFTERNOON SESSION.
Mr.. II. ath from the committee of confer
ence on disagreeing vote of the two branches
on the bill TO increase the salary of the stew
ard of the Insane Hospital. reported that they
were unable TO agree. The report was ac-
cepted and the committee discharged.
Mr.. Allen of Dresden laid on the table TO
be printed bill an act to amend chap. 10 OF
the public laws of 1881 relating to the militia,
Mr.. Piper OF Kenduskeag moved to recon.
slider the vote whereby the House passed an
order to pay each messenger $50 for extra
services.
Mr.. Spear of Hallowell moved to table the
motion and assign i: for tomorrow at II
o'cluck. Lost.
The vote was reconsidered and the order
Indefinitely postponed on motion of Mr..
Bearce of Norway.
On motion of Mr.. Wentworth of Gardiner.
the House took up bill an act concerning
offences against the public health. Several
amendments were adopted on motion of MIR
Wentworth If Gardiner. Heath of Augusta.
Thompson of Brunswick, Wilson of Paris.
and Talbot of East Machias, and the bill was
passed 10 be encrossed.
Bill an act to restore the death penalty,
passed To be engrossed by the House, came
from the Senate amended by adding to sec.
the words, If the jury with their verdict of
guilty of murder in the first degree, make a
recommendation 10 mercy, or the respondent
is found guilty of murder in the first degree
bv confession. and the court determines that
mercy shall be exercised, then in such case
the sentence shall be Imprisonment at hard
labor for life
Mr.. Heath of Augusta explained that he
did not fully understand the effect OF the
amendment and desired time to consider it.
He therefore moved to lay the matter on the
table.
Mr.. Talbot of East Machias moved to non
concur with the Senate in the adoption of the
amendment.
Mr.. Heath moved to lay the motion on the
table. Lost.
On motion of Mr. Bearce of Norway yea
and nav vote was ordered on the motion to
non concur.
Mr.. Allen of Dresden, in explanation of
the vote he should give, said he was conscien-
tiously opposed to the restoration of the
death penalty, but he considered that the
opponents of it in the legislature were fairly
beaten therefore he should vote in favor of
the proposition of the gentleman from East
Machias.
Mr. Noyes of Whitefield was paired
with Mr.. Dinsmore Mr. Horr of Lew
iSton was paired with Mr.. Prescott OF
Biddeford Mr.. Fall was paired with Mr..
Phair. Nv. Talbot of East Machias was
paired with Mr. Powers.
The vote was then taken and the result was
as follows;
WEAKNESSES Allen of Chestcrville, Allen OF
Dresden, Ambrose, Ames, Bartlett, Blossom, Brown,
Buckn Carleton, Chick, Cook, Copeland Cushman,
Dcering. Eldridge, Goodwin Of 30. Berwick. Hall
Of Rprtla md nil pf fred
orn, Hill OF Newburg, Hobart, Houston of Belfast
Ives, Knapp, Lane, Latham. Leayitt of Deering
Small simpson of Milford. stevens, Stone, Talbot oil
Falmouth, Thompson, Trafton, Webster. Wentworth
of North Berwick, White of Lewiston, W hite OF
Windham, " hite of Richmond.-4S
NAY.-Messrs. Bearce, Briggs, Chase of sebec
Donovan, Eaton. Fisher Foster, Freeman. Good
win of II. Adams, Harmon, Holbrook. jameson
Kendall. Lnscott, Luce, McIntire, Piper Rand
Smith of Robbns,on, Strout, Taylor. Trufant, vii
sOn.-23.
The question of ''no quorum voting was
raised, and Mr.. Talbot of East Machias
moved call of the House and that the mes
sengers stand at the doors and prevent any
persons leaving the hall.
The monitors returned the House, and the
Speaker announced that quorum wa,
present, eighty members being returned by
the monitors.
Mr.. Wentworth of Gardiner moved to al
journ. Lost by a vote of 20 to 81.
Upon call of Mr.. Talbot of East Machias
the Clerk read the rule which requires every
member present. when question is put. tt
vote unless excluded by interest or by vot,
I of the House for special reason; also tha
when the yeas and nays are ordered no mem
Der shall leave his seat until the vote is de
clared; also that any member who shall be
guilty Of breach of the rules, and the House
| has determined that he has so transgressed
It'll. l.. 4, ln-
by way of excuse for the same until he has
made Subtraction.
Mr.. Talbot then moved that the absentee
be called and those present and not voting
| be noted by the clerk as not voting unless
| the House should see fit to excuse them.
Mr.. Heath of Augusta said he was not pre-
| pared to vote upon the question, and made thi
| proposition He would make the motion tt
| insist and ask committee of conference, anC
| then decline to serve on the committee. Thu
| would preserve the present attitude of thu
| House against the amendment 1t was yer,
| evident that the House was in favor ofthe frs
section without change. AS friend of thu
restoration of the death penalty, if he coult
| not have it in the way he desired, he desir
| ed it in some form, and it was for this reason
that he would make his motion for commit
| tee of conference.
| Mr.. Talbot did not consider the question ont
to be compromised The question to be set
| tied was whether the House of Representa-
| tives was a common town meeting or some
! thing else; whether the House had any RICH
| or power either to enforce its own rules or t
| punish its own members. 1t was question
| which laid at the foundation of free govern
ment. The question was not one of com
promise, but whether the House would main
tain its dignity.
The Speaker appealed to gentlemen of thu
House to conform to the rules so that ther,
might be no necessity for enforcing any rul
| or order.
Mr.. Wilson of Paris said it WAS well know
that he was opposed to the bill. He though
| it would be courtesy toward the minority t
postpone the matter until morning. Blu
matters having come to this pass, tn
majority seeming to be in favor of the motto
to non-concur, he would not interpose an
obstacle to the will of that majority. II
acted simply for himself; but he would as
all those opposed to the measure simply t
content themselves with placing themselve
ON record against it, and that each gentlema
| opposed to the measure would vote as hi
| name called.
! Mr. Gilmore of Dedham I wish to ingur
if this House can compel a member to vote
! Mr.. Talbot 1t cannot; but it can impose
penalty for not voting.
L. \ -1oe H.,