The Russellville Democrat., 1893-03-09

v FNtF4 was paired with Mir. McCauiey, who, if present, would have voted nay.
 Mir. CoIquitt moved to reconsider the vote by which the bill passed, and to lay that vote on the table. The motion to lay on the table prevailed.
 At l2 m the house took recess fill ?
 Friday Afternoon, March 4.
 SENATE.
 The senate reassembled at . clock.
 House bill No I3, by Mir. Hancock, 10 amend the ten mile prohibition act in force at Nashville. 90 aa to allow the growing of grapes and the selling of wine made from the same.
 House bi,l No. 13s, by Mir. Russell, to amend section 3514 of the digest, was read the first time.
 House bin No. i36, by Mir. Rogers, Of Craighead to amend secsioa 4456 of the digest, was read the first time.
 House bill 239, by Mir. Buchanan, fxing the fees and salary of the county officers of Polk county, was read the first time.
 BILLS ON SECOND READING
 House bill No. 135, by Mir. Rodgers, of Benton, amendments adopted.
 House amendments to senate bill No.
  the amendments were read twice. One amendment protects claimants in the direct tax fund and the other reduces the appro- priation to SIS, ,000
 HOUSE BILLS ON THIRD READING.
 House bill No. 9s, by Mir. Bradley, to prohibit the manufacture, gale or giving away of cigarettes and cigarette papers.
 A motion was made to postpone the con sideration of the bill.
 Senator Hamby urged the senators to come up like men and vote on it. Hired attorpeys of Little Rock and paid ennis saries from other places to fight this bill have thronged the Hobbies of this senate. these paid lobbyists.
 Senator Word said if senator is an honest man he will vote Monday as he from his constituents He has no substi- ute or amendments in the desk to kill the bill.
 Senator Galloway defended Little Rock from the charges made by Senator Hamby. Little Rock has not had ore third the lob byists here that other counties have had. The paid and volunteer lobbyists for the enactment and repeal of three, five, six and
 
 the lobbies of this general assembly more than any other class. The vote stood: Yeas--Adams, Allen, Bell, of Desha, Bell, of Howard, Callaway, Casey, Erwin, Hamby, Harkey, Hawkins, Holmes, Liddell, Lucas, Oyler, Pettigrew, Chimney, R-dwine, Russ, Smith, West, Amis, Davidson, Mehaify, Sloan, Weaver q c. and awaits the signature of the governor.
 House bill No. 15, by Mir. Gates, making it felony to sell, remove or otherwise dis pose of mortgaged property.
 Senator Adams addressed the senate in behalf of the bill
 Senator Erwin heartily endorsed the bill.
 Senator Amis made very strong speech for the bill
 Senator Wilson could not vote for bill that makes it felony for not paying a debt which this bill is virtually. The mortgage is given to ,ecure a debt, and if the property is sold by the mortgsgor the debt is not paid. Then this bill simply imprisons him for not paying the debt. We are making too many crimes a felony, and making too many transactions & crime.
 Senator Galloway wants honesty and in tegrity in business, and he wants man punished ~no acts dishonestly and swim dies others.
 Senator Davidson opposed the bill be- cause it in6icts penalty too severe. And further, it permits a sale without this penalty, unless it is shown that the mort gagor sold it with the intention to defraud the mortgagee. Hence it is clear that he is imprisoned for not paying the debt. Be cause, if he sells without the intent of beating the debt it is not crime under this bill.
 Senator Hawkins regarded mortgage as a bill of sale with the right of redemption. A trustee holds the property, and the right of title lies in the mortgagee. The light fines heretofore imposed has encouraged dishonest men to sell mortgaged property, and has almost broken up commercial con fdence.
 Senator Bell, of Desha, regarded selling mortgaged property as stealing, aud he thought man ought to be imprisoned for stealing. Hence he was for the bill.
 Senator Sloan regarded the bill as measure giving base of credit to men who have less than their exemptions. By giv- ing mortgage poor man can get credit, when the man from whom he seeks credit knows that the security is safe. But if the party able to extend is not protected, his security made certain, he will not extend the credit. He called attention to the present law, which imposes fine on the party who sells the mortgaged property, then if he does not pay the fine he is put in prison, which punishes him twice and i'm prisons him for not paying debt.
 Senator Adams wanted to know why the courts, when it was law to imprison for selling mortgaged property, did not con strue the law unconstitutional for the req son that it imprisoned for debtf No court has ever so held. He held that the P P. party opposed such legislation as this bill proposes.
 Senator Russ defended his party from the charge. He denied that they are advo- cates of dishonesty. He said that his peo- pie do not steal nor stuff ballot boxes, but are as honest and upright as any Democrat. He is agaihst the bill because it's penalty is too severe and hard on poor men.
 Senator Allen was paired with Senator Gaughan. If Senator Gaughan were pres ent he would vote 'tyea' and he would vote may" He is against any law that will put poor man in prison for not pay ing debt, Turn the poor men loose and let them work ont their own salvation, and get credit the best they can.
 Senator Chimney was opposed to the bill The vote on final passage stood, yeas-- Adams, Amis, Bell, of Desha, Bell, of Howard, Galloway, Erwin, Hamby, Har key, Hawkins, Holmes, Liddell, Ovler Pettigrew, Redwine. Sloan, Smith, Weaver West, Word and Mir President 20. Nays Casey, Davidson Lucas, Mehaffy, Quin- ney, Russ and Wilson So the bill did pass.
 Senator Sloan iu the chair.
 House bill No. 90, by Mir Witt, toamend section } of an act for the donation of for feited lands, approved April 4, 1877.
 Senator West advocated the passage of the bill. It passed-yoas, 2l nays, 0.
 House bill No. 6, by Mr. Broadnax, to prescribe the qualifications of county ex aminers, fix their salaries, etc.
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