The Montgomery advertiser., 1909-03-04
BALKS PENAL CODE MEASURE Democrats FilibuSter in
 the Senate. ECHO OF RECONSTRUCTION Foraker Recalls Word of Judge
 Taft. Asks MT. Money How the Southern People Intend to Solve Problem
 of the Negro

Washington. March 3.-As soon as
 the Senate began Its business today 1t became evident that the minority, led by MT. Clarke, of Arkansas. proposed
 to continue the dilatory course pur-
 sued yesterday to prevent action on
 the conference report making a final
 disposition of the penal code bill. MT. Clarke objected to the transac- ton of any business without a quo- rum and after forty-seven Senators had answered to their names he de-
 manded a roll call on every question possible.
 Senator Hepburn and Senator Suth- erland, who for four years had work = ed to complete the codification of the penal laws, watched the proceedings in silence and occasionally glanced at the clock as time was being consum- = ed without any substantial progress being made.
 After these proceedings had con- tinued for an hour Mir. Clarke arose and requested unanimous consent to dispense with the further reading of the bill and after that consent was granted MT. Money. (Miss) who took the floor to explain the attitude of the opponents of the bill. It soon de-
  to the retention in the code of some | of the statutes of the reconstruction period. relating to the use of the cleo | tive franchise.
 A Reconstruction Echo. He had the clerk read the section providing that every ofi1ce" of the | army or navy or other person in the civil, military or naval service of the United States who orders. brings, hoa anfhnr1tv of control any troops or armed men at any place where a general or special election Is held in any State, unless such force be necessary to repel arm ed enemies of the United States or to
 keep the peace at the polls, shall be lined not more than $5,00o and impris-
 onment not more than i've years. "I cannot believe" Mir. Money said,
 that in this year 1909 1t is intend | ed to repeat this legislation of 30 years ago." ts=. He then recalled the scenes attend Ising tho presence of troops at the polls | In Southern States.
 Mr. Beveridge inquired what advan- | tage 1t would be to strike that para
 graph from the code bill If 1t would | continue to be on the statute books 1 else where.
 MT. Money conceded that 1t would | continue on the statute books but | even that was not so objectionable as | to re-enact 1t. he said.
 MT Foraker asked what solution | Mir. Money had for the negro prob | lem in the South.
 Taft and the South.
 "A distinguished Republican has | stated, according to report" said For
 aker. that the people of the South | understood this race question better than the people of the North and that they should be allowed to work 1t
 out. Now I would like to know what
 the proper solution is"
 ''The distinguished gentleman re-
 ferred to. I suppose is President-elect
 Taft" said MT. Money. Disavowing any desire to bring the name of MT. Taft into the discussion Mir Foraker said he had no doubt that
 gentleman desires to do what was right and fair to all the people of the country.
 What understand that Mir. Taft meant" said Mir, Money, was that the people of the Southern States were
 dealing with the problem in their own | States and that they were best able | to deal with 1t there. In that l agree with them. No other people can so we'll deal with it."
 Mir. Money then discussed the race | problem at length.
 The flibuster was finally broken | when a motion of Senator Hepburn | that the bill be referred back to the conference committee prevailed. with
 A view, 1t Is understood to acquies- | cence In the wishes of the minority | Provisions of BiIl. Washington, March 3.-A new penal | code was enacted into law today | through the adoption in both Houses
 of Congress of the conference report l of the bill drafted by a joint commit
 tee originally appointed In 1897 and re | appointed at the close of the Fifty
 ninth Congress.
 The second committee consisted oi l Senators Hepburn. Sutherland. Piles | Clarke of Arkansas and Willard. and Representatives Moon of Pennsylvania
 Parsons of New York. Denby of Mich | igan. Sherley of Kentucky. and Hous- 1 ton of Tennessee.
 The bill as adopted consists of more | than 300 sections. and is a comprehen- sive, coherent revision and compilation
 of practically all of the purely penal | laws
 For several days there has been a | nllbuster in the Senate, led by Mir | Clarke of Arkansas. against the sec l tions relating to the use of troops al l places where general or special cleo I G
 struck out of the section the provision relating to the keeping of peace at tho
 polls because 1t was recognized that l Federal troops are not now used foI
 that purpose
 The committee also dropped all ref. 1 erence to the statute of 1875, which 1 forbIds discrimination on account oi
 race or color in the selection of grand
 or petit jurors but left the law as II
 was originally enacted. The new code
 will become a law when t shall have
 been signed by the President. The committee found IL difficult te l make uniform laws that would operate | in all States and among these were the l prohfbitory liquor laws Of a number 1 of States
 1 It was found that this class of case, | can only be covered by general stat.
 ute and one was included, known n,
 the Knox amendment, making an acI
 penalized by the law of the State ar
 ofrense against the Federal governmen, | when committed within the limit of th,
 State within or upon any place subtec
 to the exclusive Jurisdiction of tho l Federal government.
 There never had been any preyiou,
 attempt to make a systematic and com.
 plete code such as exists in nearly ev.
 cry State.
 The revision defines more clearly ths furisdiction of Federal courts over