The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1890-11-16
HOUSE.
MORNING SESSION.

Speaker pro tenn Jones was in the chair.
Fourteen answered the roll call. The
chaplain being absent, Representative
Campbell ofliciated in his stead.
The journal was read and approved.
Mr.. Trosper introduced house bill No.
g. an act defining rape, illicit connection,
abortion and kidnapping, and providing
for the punishment of persons committing
the same. Referred to committee on Ju-
dietary.
Mr.. Terrill moved that a committee of
one from each county be appointed to con-
fider council bill No IL. an act TO author
ize the board of county commissioners TO
issue county warrants for the payment OF
county Indebtedness. Carried
Chief Clerk Gay was appointed as an
advisory committee.
The following committee was appOinted
Messrs. Daniels, Neal, Terrill, Merten,
Tritt, Long and Waggoner.
Council bill No. 43, an act to give force
and effect to notices and commissions to
take depositions, and providing for the
appointment of commissioners of deposi-
tiOns.
Mr.. Terrill objected to the bill as he
considered that it wasin the interests Of
"sooners" He asked the gentlemen to
explain the bill.
Mr. Daniels spoke at length.
Mr.. Terrill-rhe gentlemen said that
people knew-that is, they knew they
were here contrary to the spirit of the
presidents proclamation. Many were in
doubt as to the meaning of "enter upon
and occupy" and they were innocent
when they came in. I am not in favor of
people being compelled to testify in these
cases.
Mr.. Trosper-These people knew the law
when they came in, and should take their
chances
Mr.. Peery-In the case of one Of my
friends, recently decided in Oklahoma
City, he was unable to obtain witnesses,
because there was no law compelling the
attendance of witnesses.
Mr. Campbell-I would like to favor the
bill if it simply provided for compelling
the attendance of witnesses by the land
office In every state and every territory
there are laws compelling the attendance
of witnesses and empowering the taking
of dispositions by the proper officers. This
Is just what we wish here.
Mr. Talbot-If a man knows, compel
him TO go and testify to what he knows.
Mr.. Smith-After listening 10 the pros
and cons | am unquaihedly in favor of the
adoption of section l.
Section 1 was adopted. It provides that
commissions issued shall confer upon the
officers named and their respective courts
the powers provided in this act.
Mr. Clark introduced the following pro-
given by any witness shall ever be used as
testimony against said witness in any
criminal or civil action whatever in this
territory. Adopted
Section . was adopted as amended. II
provides for the appointment Of percons to
take depositions, and defines the powers Of
such officers.
Section was adopted. 1t empowers the
courts before whom the parties are brought
TO try said cases.
Section was adopted, providing that
subpOenas shall be in the form used in
civil cases, and served in the same man
ner
Section 3 was adopted. Witnesses cannot
be compelled 70 attend at a greater dis
tance than one hundred miles, at - per
day.
Section s, providing for the punishment
Of those refusing TO attend court
Section :. Notice must be served on the
party five days before the examination OF
witnesses begin. Adopted.
Section : Residents living outside the
county may be compelled TO attend.
Section 10 relates 70 continuauces-
Section II. Party taking he dispositions
shall pay all costs. Adopted
Section y. regarding the taking OF depo-
sirions. Adopted
Section l2 Act in force on and after its
passage.
BIZ adopted as amended and ordered en-
grosSed.
Adjourned until 5 p N Monday