Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-03-01

on preserved cora or other grain or fruits
resolve in favor of the State Prison; an acl
TO amend chap. IS of tue revised statutes
relating TO the abolishiny of sheriils' iuries
in road cases; an act to provide remedies for
injuries causing DEATH an act to re-es,ablish
solitary imprisonment IN the Stue Prison.
PASSED To BE ExGRossEp.
An act 10 authorize county commits.
sioners to cause repairs upon county
roads and bridges in unincorporated town.
ships and tracts of land, in cases of sud IN
injury; an act u amend sec. IL chap. IS OF
the revised .tstutes relating to the EMPLOY
ment of constables ar meetings of county and
local agricultural societies: an act to amend
sec. 3 chap. % of the revised statutes of 1871
relating To boSling alleys and billiard rooms
an act To amend an act entitled an act T.,
amend see. % chap. 40 of the revised ststu-
ties relating To foreign insurance companies
resolve in f,vor of the Maine Industrial
School for Gifl. resolve authorizing the
TRUSTEES Of tie insane hospit Il TO ADJUST Ger.
tain litigation; an act to amend sec. chap.
i3 of the public laws Of 1878 relating to
corporations.
PASSED TO BE ENACTED.
An act to establish the salary of the judge
of probate in the county OF .hndroscoggin /;
an act ADDITIONAL to chap. l5t of the public
laws of 1877 in relation t. corporations; an
act to authorize joel G GRAY ct ais. III build
and maintain a dyke in Back Bay in tide wa
ers OF Miilbrdge: an act in favor of Frank l..
Farnhan of the town of Washhurn, in the
county of Aroostook, to maintain a line of
piers in the Aroust0ok river an act 10 author
ize the East IN Railroad to extend and en-
large its wharf in the town of + len; act
to incorporate the town of Brockton; an
act to authorize Elmer f Thomas t.
dredge bars and navigate Kennebago Lake in
Franklin county. by steam; an act relating
to the seizure of fish and game nnder the fish
and game laws an act to confirm and max-
valid the organization of the Lewiston and
Auburn Horse Railroad Co an act to enable
the receiver of the American Bank of ii illo-
well to close its concerns; an act To amend an
act to incorporate the city of Gardiner.
TIL. House resumed consideration of the
bill to restore the death penalty.
Mr.. Iiorr of Lewiston opposed the bill.
He had listened with attention to the able
and eloquent arguments of gentlemen, and
he would still preserve tina. silence which had
characterized his presence as a legislator,
did he not feel it his duty to speak as well
to vote against the proposed legislation. He
believed the restoration of the death penalty
I'LL tliltu. unnecessary
Pile; but he would discuss only the question
of necessity. We are told by high authority
that every punishment which does not arise
from absolute necessity is tyrannical" Adj
hitting the increase of murder, could it be
shown that any other agencies have been con-
suited or any mider efforts than the remedy
proposed, have been exercised with any i'll
creased caae or certainty for their correction!
Statistics had been given to show an increase
of the crime of murder since 1876; but he
submitted that the present law bas been on
trial too short time to warrant the taking OF
statistics solely on which to base u ju igment
To be of use they must be broad and far
reaching, and covering all the points involved
in the case. Other factors than the dread OF
puni .hment are considered in determining
the amount OF crime, some of which can be
plainly observed. while others are latent and
more difficult to determine. but none the less
real Stu lent. of social science inform us
that there are fluctuations in the moral health,
affecting the congregate as well rs the indi-
viiual mind in its various qualities of moral
As we'll ii. inte lecIut and reasoning f,cul-
ties. A punishment may not be an act of vio-
lence of one or many. against II private
member of society. 1t should be public. i'm
mediate and necessary, the least possible IN
the case given. prorurtionate to the crime,
and determined bv the law. He had no pur
pose to a lvocate anv laxIty in the punish
ment of crime ;but punishment should be GER
tain and comm -nsurLte with the purpose t.
be accomplished.
lie moved to refer the bill to the next legis-
lature.
Mr.. Power. of Houlton SAID if he could be
satisfied that the yallows was necessary to
protect the lives of the people he would admit
the right to set it up. He took issue with the
stat ment that crime is now on the increase.
BY the Attorney Generals report he found
that four homicideS were reported in 1882,
while in the year before the abolition OF the
death penalty there were twice that number
reported. lie declared that there has not
been time in the last 20 years when the
State of Maine has been freer from murders
than it has through the past year.
In the State of Mass. there had been
three horrible murders in this month. right
under the shadow of the gallIws. He believed
lie stated Il truth when he said that no maj,
in Committing a crime. ever draws dis
tnction bet~ cen imprisonment for lif, and
death by the gibbet. His whole aim and
expectation il TO escape all punishment.
Gentlemen had seemed to assume that
Imprisonment for life was no punish
ment 1t was living death. If
gpHtlelHeU ttS khlcWS iuE the
execution of a condemned murderer who
shalt take the life of II prison officer, erect it.
although he never knew of an instance which
called for it aud he doubted il ever one
would arise. He took issue with the gentle
man from Portland Mr.. HALL that murder
ers arr the hardened criminals. In nine
cases out of ten in this State the muir lerer
has stood as a decentiv respectable citizen,
before the commission OF his great crime. He
maintained that the taking OF human life has
a tendency to cheaper human life. lie asked
that the law might have a further trial and
that the motion TO refer to the next legislature
might prevail 1t could then be ctnvassed
and the people would decide whether it is for
the interest If humanity and for the preser-
vatIon of human life to restore the death
peualty and the horrors of the gibbet, or
whether il is better to continue AS at present.
He had no doubt "a To what the verdict would
be- lie had never dOub-ed the ju lgment
and sober sense of the people of the State.
Mr. Mattocks of Portland rose to second
the motion to refer to the next legislature.
He thought it we'll. As had been said in an
other matter, to pause and take our bearings.
In view of the ia I that gentlemen of equ,l
experience, learning, piety and honesty diff
fered so widely it might be well to pause and
see that no hasty act was committed. 1t had
been said that days had been spent in legis-
iating for the clam. the ltbster. the deer and
the dog, and the question had been asked it