The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1885-02-05

menf for greatly varying periods
Of time. The same crime Is
punished from one district with the
minimum imprisonment of the statute
and from other districts with the
maxium limit. There are now in the
penitentiary persons serving sentences
for like offences varying from one 70
eighteen years. Mr.. Anthony cited many
Ike instances In the records of the peni-
tertiary, as illustrative of his position.
II is the temper Of the judge that fixes
the penalty, rather than the degree Of
criminalitY. The power to exercise
mercy should be lodged only in the ex-
ecutive. He related cases where mere
whims of the moment have controlled
the extent of sentences. He hoped the
judiciary would give the matter careful
attention without regard to precedent,
but would even dare 70 institute prece-
dent. Mr.. Burton believed the idea of
the last speaker wrong. A discretion
must be lodged some whore, and he be-
heTed the jury the place for It If dis
erection Is to be taken from the judge it
should be given to the jury. There are
often cases where crimes are committed
under such circumstances as that Justice
requires that discretion should be gwen
TO the trial judge in melting out sentence.
That discretion should be- given only to
the governor or to q board of. pardons is
Ht.3Dg. because such officials cannot be
acquainted or informed with all the To-
cal surroundings and circumstances of
every case throughout the state. Mr.. T
j Kelley favored the resolution. He
referred to the case of A. W. Mann, the
sick representative of Jewel county. The
case OF the attempted assassination OF
Mr.. Mann gives sufficient evidence OF an
evil that ought to be reme-
died. MIR. OVermyer could not agree
with the introducer of the resolution.
The varied characteristics of human ma
ture require that different degrees OF
punishment must be melted out under
different circumstances. Our laws, like
our institutions, are flexible, and to
change that character to rIgidity is q
blow upon free government.
He favored the statutes OF
Indiana, which places discretion in the
hands of juries, who fix the punishment
of crimes within the salutary limits.
Btr. Kelso admitted that the mere state
ment of extreme cases gives a striking
picture OF wrongs. 1t is serious ques
| ton as to where this discretion shall be
placed. It will be well to have the
| Judiciary consider the matter. The res
Olution Was adopted.
| Mr.. McNall offered resolution ask
| ing the board of railroad commissioner
to report to the house the result of the
| late conference between said board anC
the general traffic managers of the rail
roads of Kansas, regarding the rights o
moving grains. Mr.. McNall recited I
statement Of assumed facts, to the effec
| that such q conference was had upon In
vltatlOu of the commission, and that NJ
results have been made public. Adopt
ed.
| CENSUS SPECIAL ORDER.
Mr.. McNall procured a change of tn,
| special order for Friday evening, to con
| slider the census bills, so as to have thu
same matter made g special order OF
Wednesday evening at Z 80.
| FINAL PASSAGE.
Mr.. F. ]. KelIey's q. B. II. read tn,
third time, subject to amendment anC
debate. Mr.. Kelley explained that tn
present law allows commissioners o
counties having less than % 900 popula
ton So per day, with a maximum lImi
of 800 year: while in more pOpulou
counties they were given set salaries o
| $500. This bill is intended to grade tn
compensation of commissioners on tn,
basis OF per diem pay. with maximum
limits according to population, iron
$3.50 to $500; the first figure in countie
having less than 10000, $500 IN countie
ranging from 10000 To II 500, and 800
in counties having more than II 500 anC
less than $4,000.
Dynamite in America.
NEW YORK, Feb. 1.-The first crimi
nal use of dynamite in this city great,
excited the people here to-day. An ex
plosion took place at very late hou
last night. One or two morning paper
made second editions giving the news
The explosion was at Garry Brothers
dry goods store, Grand and Allen streets
and that section of the city to-day wa
crowded with people. At the time O
the explosion a number of people Wer,
passing the spot, but none OF them wer,
injured. To-day Captain AIlace and
squad of officers guarded the premises O
Garry Brothers and OF Ridley Brothers
the windows OF whose establishment
were also shattered by the explosion
Shortly after the explosion four men were
found In the shadow of the RivingstoI
street station, elevated road. One O
them. Charles Henry, q lsbOrer, who
said he lived at Williamsburg, was
severely cut On the head and face. The
others. William Britton, waiter, Jane!
Daily, clerk, and Joseph Lamb, painter
were binding Henry's wounds. All were
arrested and remanded. To-day
LAD WAS ARRESTED
on the charge of experimenting will
dynamite at the corner OF Grand and Es
sex streets, where he succeeded in dis
lodging portion of the horse car track
He could not be connected with thu
! other explosion. A bomb or cartridge
used at last nights explosion must have
been placed Immediately underneath the
frame work of the window of GARY
Bros. store. The window casing anC
sash were entirely demolished TIL,
shock was felt several hundred feet. a
lamp on the shelf of EIdridge stree
house 800 huadred feet away was thrown
to the floor. Dishes in tenement houses
in the neighbOrhood ratified and the iroI
stanchlons OF the elevated railroad nesi
| the store look as though they received
violent blows. There is no evidence tina
| cartridge was applied to Ridley's store
Had it not been for tine heavy elevated
| railroad structure which runs up AIleI
| street between the two stores, heweve
the probability is that q good part of thu
west side of Ridley's building would
have suffered. Many of Rid
| lev's employees came to the 500
10 guard the premises. The damage q
both buildings is $2,500. The police ar,
| satisfied that the explosion is
AN OUTCOME OF THE STRIKE
of Garry Bros employees. Burke,
former clerk of the firm, and who causeC
the strike. was dismissed for falling on,
night to properly secure the doors of thu
establishment.
The Dry GoOds Clerks union, O
which he was member, tried many
methods to secure his reinstatement
They went 30 far as 70 station men in tn
vicinity OF the store and intendin,
purchasers to boycott the firm, When tn
strike was ordered by the union tn,
| firm was left without q clerk. The non
union men subsequently, employed havt
been threatened in various ways. Carr
Bros also received threatening letters
Committees from several trades union
called upon the firm, but Garry Bros
assured them they intended to run thei
own business. The persecution Of tn
| nrm became SO persistent that steps TO
protection have been taken, and to tni
end meeting OF DRY goods dealers wa
recently held. What action taken was no
diVulged, but it is thought the organIzs
/ stOA "a SAO OCoACEo G6u6 tue GulO1 moi
desperate and
nPELLED THEN To USE DYNAMITE.
The union, or Equality association. >
was organised year ago, when the EN-
ployes OF Grand street endeavored to II
duce the proprietors to close at O'Clock
RIDLEY q Sons, among other houses, re
fused 20 close at that hour and for SONS
time they were prosecuted and last Jun
house stone shattered one of their plat
glass show window and the perpetrato
was never discovered.
HAines' Locking HOrEs.
CHICAGO. Feb. A. Yesterday, Ml
Hainee, speaker of the Illinois assembly
issued q notice TO the County Clerk Rya
OF Cook county. 70 produce before hIr
the ballots cast in the Sixth leR1slatIv
district. This includes the second BIZ
cinct of the Eighteenth ward where th
alleged fraud was committed IN fh
Leman- Brand senatorial contest. Juds
Blodgett in the United States distriG
| court this morning igsued an orriar A