The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-29
IN THE HOUSE.
Bill Changing Jury System Killed
Important New Measures.

Bill Changing Jury System Killed.
Important New Measures.
There was no roll call when the House
convened at 2 o'clock yesterday, the Speak
probably having a dread of a lack of
quorum. 1t was not until 1890 that
quorum was obtained in the morning, and
then a reoslution the House adjourned
until o'clock out Of respect to the mem
DRY Of Senator Thayer, whose death had
become generally known. A few minutes
after the afternoon session began there
were sufficient arrivals to assure a quorum
The Speaker took up Senate bills that
were on his desk in order to expedite bust
ness. Engrossed Senate bill No. A, fixing
the salary of Marion county's coroner at
$1,000, was handed to the committee on af-
fairs of the city of Indianapolis. Bill No.
6, concerning Senate employees. went to the
judiciary committee; bill No. IL, compell-
ing street-railroad companies to provide
vestibules on street-car lines referred
to the railroad committee and the Senates
libel bill went to the judiciary committee.
The Senate also sent in Bill 3S concerning
sheriff's sales, and No. 40 prohibiting the
opening of roads or streets through Crown
Hill Cemetery.
After referring these Senate bills the
Speaker announced the third reading of
bills. Mr.. Stotsenburg's measure proposing
a revolution in the criminal law of the
State precipitated debate in which there
general participation. The bill gives
a jury the right of determining only the
guilt or innocence of a prisoner, RELOCATING
to the judge the fixing of the punishment
Mr.. Robinson, chairman of the judiciary
committee, stated that there were some OBJ
jections to the bill, which his committee
reported favorably. An old rule of law, in
vogue since the founding Of the State
courts, would be changed. The committee
was not quite certain that the measure
would not abolish capital punishment, as it
provided the judge should fiji, the fine and
imprisonment. Mr.: Stotsenburg. the author
error about the capital punishment feature.
He moved to postpone consideration of the
bill TIL tomorrow morning Mr.. Allison, Of
Brown, called attention to the federal bill
of rights expressing the belief that such
a law would be in conflict. Mr. Statesman
thought it was singular that the judiciary
committee should recommend a bill and
then seek toy have 1t killed, Mr.. Robinson
having moved to strike out the enacting
clause. Mr.. Cardwill, of the committee, ex-
planned that there was not a unanimous
sentiment respecting the BILL although the
pose of having the House discuss the ques-
ton. 1t was not the purpose of the COM
mittee to smother bills that contained
mertorious features. Mr.. Howe, of Nor
gan, cited historical instances to show that
the right of jury trial, with punishment. if
any, administered by twelve good men and
true, was not to be galnsaid.
Mr.. Holloway believed the bill impeached
the intellectual integrity of the jury sys-
tenn and Indicated a lack of confidence in
twelve men melting out punishment. It was
drawing an inconsistent line II twelve
men were to be trusted with determining
guilt after all the meshes a lawyer could
weave around case they should certain
ly be trusted with fixing the punishment
or else, the entire jury system was radically
wrong Mf. Lambert, or st. joseph,
ported the measure. Mr.. Stotsenberg. in
closing, advanced the opinion that there
capital punishment. The motion to post
pone until tomorrow morning was lost.
The author then asked that the judiciary
committee consider an amendment making
1t plain that capital punishment not to
be abolished. but the House voted this sug-
gestion down. A vote was then taken di-
rectly on the passage of the bill and it was
lost, 8 voting for it and ss against.
House bill No. IL was taken up. 1t was
introduced by Mr.. Griffin, and requires
railroad companies to maintain separate
waiting rooms and water closets at. all
stations where there are over one hun
dred inhabitants. Mr.. Allen, when the bill
came up for passage. voted against it, ex-
another bill. which he thought was bet
ter one. The bill was passed; yeas GO;
Mr.. Holloway's tobacco warehouse bin.
permitting the organization and incorpora-
ton of companies desiring to deal in and
explained that the. effect of the bill would
be largely local. the statute now covering
the incorporation of these companies not
being broad enough, only permitting COM
panes to store tobacco in warehouses, and
not sell it. The vote on the passage of
the bill was: Yeas, II; nays, Z.
After having passed these few bills the
House decided to change the order Of bus
mess and devote time TO the introduction
of new bills. The following are the bills
presented:
Remy, of Bartholomew To amend the
turnpike act; making county commissioners
free turnpike commissioners and appointing
three directors for different districts.
McGeath, of Blackboard: Providing for in
ebriate asylumS County commissioners to
expend not more than s., 0e0.
Allison, of Brown and Monroe: Concern
ing publication of settlement of treasurers
tax delinquencies, etc, such TO be printed
in two newspapers of different political
faith, if they exist in the county.
Statesman, of Miami: Defining minority
parties permitting Prohibitionists and
Populists to have watchers during the
printing of ballots and at the polls; con-
: corning proceedings in guardianship cases.
Floyd, of Clinton: Relating to special ses-
sions of county commissioners.