HOUSE OF REPRESENTATIVES.
MONDAY, February 28, 1881--10 a. m.The session was opened with prayer by Rev. W. B. Chamberlain of the Eleventh Presbyterian Church, this city.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and severally referred to appropriate Committees:
By Mr. McCLURE [H. R. 425]: For an act making specific appropriations to officers therein named. [To the Deputy Wardens of the Prisons both North South, each $100 per year for the years 1879 and 1880. Also the Chaplains of such Prisons the sum of $200 each per year for the years 1879 and 1880].
By Mr. HUSTON [H. R. 426]: Regarding corporations, providing for the formation of all corporations in this State excepting banking, insurance, railroads and the business of loaning money. [It repeals all existing laws conflicting; changes the liability of stockholders, making them responsible only for the stock subscribed; makes officers of any corporation responsible personally for indebtedness incurred in excess of the assets of the corporation: prevents any corporation becoming possessed with and holding indefinitely real estate which is unnecessary to the carrying on of the business. It also provides for the organization of corporations not for pecuniary benefit, including Mutual Benevolent Insurance Companies.]
By Mr. GREGORY [H. R. 427]: To regulate the licensing and sale of spirituous, vinous and intoxicating liquors, requiring police officers and Constables to see that this act is enforced, make arrests and enter complaints, prescribing penalties for the neglect of the same, etc. [For a stringent local option law. According to its provisions a liquor seller must obtain the signatures of half the bona fide voters of his Ward, town or Township to his petition, and in addition pay a license fee of $250.]
By Mr. SKINNER [H. R. 428]: Amendatory to an act providing for the opening, vacating and changes of highways, approved June 17, 1852.
By Mr. SULZER [H.R. 429]: To authorize and empower cities and towns to surrender jurisdiction of territory included within their corporate limits. [The County Commissioners to be petitioned by a majority of the tax-payers, who shall give three weeks' notice in County paper before action can be taken.]
REPORTS FROM COMMITTEES
were submitted and concurred in as follows:
The Revision Committee returned the bill [H. R. 9] for prompt publication of the acts of the General Assembly, recommending its passage with amendments.
The Committee on Roads reported on the bill [H. R. 77] providing for the purchase of toll roads, recommending its passage with amendments.
These bills were severally ordered engrossed.
PROSTITUTION A FELONY.
Mr. CAUTHORNE, of the Judiciary Committee, submitted a majority report on the bill [H. R. 399] in relation to keepers of houses of ill-fame, recommending its passage after striking out Section 5--[Any woman or girl being an habitual drunkard shall be imprisoned for three years.]
Mr. GIBSON submitted a minority report on the bill, recommending its indefinite postponement. He said he saw fit to present a minority report for the reason that the bill was entirely too strong, making the punishment for such offense imprisonment for two years in the Penitentiary.
Mr. FLOYD thought the bill was in the interest of society; that it would regulate a great evil that exists. He was in favor of making prostitution a felony, as this bill provides.
Mr. BUSKIRK was opposed to this bill, and in favor of the minority report, for the reason that it discriminates against woman. He thought there ought to be a little more sympathy on the part of members of this body to ladies, than would be exhibited by the passage of this bill, and that the law, as recommended by the Revision Committee, was fully sufficient to meet all cases of prostitution.
Mr. FALL said he remembered reading in the Divine Writ the words, "Let him who is without sin cast the first stone."
On motion by Mr. McINTOSCH the bill with the reports were laid on the table.
THE NEW STATE HOUSE.
Mr. MILES offered a resolution, which was adopted: That the Committee on the new State House be instructed to procure immediately, and lay before the House, copies of the contracts made by the State House Commissioners for material and construction.
THE STATE PRISONS.
r The Committee on State Prisons returned the bill [H. R. 78] providing for the government of State Prisons, a majority recommending its passage and a minority recommending that the bill lie on the table.
On motion by Mr. KENNER the bill with the reports was made a special order for to-morrow at 2 p. m.
ORDER OF BUSINESS.
Mr. LINDLAY offered a resolution which according to the rule lies over one day, that it shall be in order during the remainder of the session at 2 p. m. to call the names of the members alphabetically, and if any member call up any bill on the third reading it shall be then considered and put upon its passage.
page: 243[View Page 243]REPORTS FROM COMMITTEES
were submitted and concurred in as follows:
On the bill [H. R. 216] amendatory of an act facilitating trials in Courts, recommending that it lie on the table.
Also [H. R. 397], fixing the time of holding Courts in the Fifth Judicial Circuit, recommending its passage. It was read the second time and ordered engrossed.
Also [H. R. 161], to establish a Superior Court in the County of Montgomery; [H. R. 354], concerning docket fees; [H. R. 369], to relieve the Trustee of Harmony Township, Spencer County, recommending that they lie on the table.
Also on the bill [S. 175] for the relief of estate of Milton S. Privett, etc., etc., and recommending its passage. It was passed to the third reading.
Also on the bill [H. R. 313] concerning County Auditors' fees, recommending indefinite postponement.
Also on the bill [H. R. 311] concerning fees of Sheriffs, recommending its passage. The bill was read the second time.
On motion by Mr. MILES, the bill was laid on the table and 200 copies ordered printed.
IN MEMORIAM.
Mr. BAKER offered a resolution, which was adopted by a rising vote, that the House to their sorrow have learned of the sudden death of one of the House employes, Mr. Linsday, who died at 10 p. m., Saturday night; that we extend our sympathies in this hour of affliction to the family of the deceased, and that this resolution of respect be spread upon the journal of the House, and a copy of the same be transmitted to the family of the deceased.
JURY FEES.
A majority report was submitted on the bill [H. R. 309] amending Section 34 of the act fixing certain fees, etc., recommending indefinite postponement. A minority of the same Committee recommended the passage of the bill.
Mr. NEFF was of the opinion that any man who was fit to sit on a Jury was worth $2 per day. He favored the minority report because it recommends the passage of the bill allowing $2 per day instead of $1.60, as the law now stands.
Mr. MEREDITH was opposed to the increase of pay because it would necessarily increase taxation without increasing the qualification of the Jurymen, as a man is bound to serve when summoned. He considered it the duty of every citizen to help protect society; the demands of society were such that the people must protect themselves against offenses, and Juries are a necessity, therefore he favored just as low a price as would be consistent.
Mr. COTTON thought it a very unjust law that compels men to leave their employment where they can make from $2 to $3 per day to serve on a Jury at $1.60 per day.
By Mr. BARNETT: The idea that men are compelled to sustain society by being called to a Jury Room and serve for $1.60 is an absurd one. We all know that it requires a good class of men to be Jurors. We all see the necessity of that, and to compel men to leave their farms in busy seasons to serve on a Jury at $1.60 per day is a hardship.
Mr. GILMAN favored paying Jurymen all their services are worth, and hoped the minority report would prevail.
Mr. BAKER--A Juryman who is not worth $2 per day is not worth anything. I am in favor of the minority report.
Mr. MEREDITH--I think the services of a great many men twenty years ago, who were pressed into service, was worth a great deal more than $13 per month. They went into service for the purpose of protecting the country and society, and their duties at that time were not any more needed than the duties of Jurymen at the present day, besides a man is not compelled to serve on a Jury but once a year. All I think necessary is to pay the expenses of a Juryman. Jurymen, as a class, are men of property, and the Jury system is maintained for their protection generally.
Mr. WRIGHT was inclined to favor this bill for the reason that he saw no indication or disposition in this body to reduce the salaries of Sheriffs and other officers connected with Courts. He thought it an unjust discrimination jurymen.
The minority report was concurred in. The bill was read the second time and ordered engrossed.
The House adjourned till 2 p. m.
AFTERNOON SESSION.
Mr. MEREDITH, for Mr. Adrian, introduced a bill [H. R. 430] authorizing allowances to be made to Agricultural Associations, which was read the first time.
Mr. Traylor's bill [S. 17]: concerning parties to action was read the second time and ordered engrossed.
PUBLIC OFFENSES.
The SPEAKER anounced the special order for this hour to be Mr. Neff's bill [H. R. 393] concerning public offenses and their punishment, which was read the third time--amendments being offered by consent--time by sections and amendments offered.
Mr. RYAN moved to amend Section 23 by adding the following: "Every person in any manner whatever assists any such woman [referring to the crime of abortion] to the violation of this section, shall be liable to the same penalty."
Mr. McDOWELL thought the section should be amended to read: "Except in case of absolute necessity." He said it was neessary oftentimes to save a woman's life, in which case this punishment shall not be imposed.
Mr. RYAN said there was already provision for those cases, This section provides simply in cases of criminal intent.
The amendment was adopted.
Mr. KENNER moved to amend Section 36 by striking out the words "two years" in line ten [the time of conviction for stealing Court records] and insert therein the words "six months."
The amendment was adopted.
Mr. BUSKIRK moved to amend Section 49 by inse ting before the word "refuses" in line three the word "fraudulently."
Mr. BU8KIRK said this section goes on the principle that there can be no crime without criminal intention. In case where the Trustee loans money in good faith and is unfortunate enough to lose the amount, such defalcation should not be classed a criminal offense.
It Mr. RYAN said the amendment as proposed would defeat the purpose of the section. He denied the right of a Trustee to loan or use funds for any other purposes than those directed by law, and hoped the amendment would not prevail.
Mr. MOODY I am in favor of the amendment offered by the gentleman from Monroe [Mr. Buskirk]. I do not think a man should be considered in the eye of the law guilty of a felony and incarcerated in the Penitentiary in the absence of fraud or criminal intent. There should be no such thing as crime without criminal intent.
The law requires and justice demands that a guardian shall loan all moneys that come to his hands and belonging to his wards at the highest and best rate of interest he can command. Now it I understand, Mr. Speaker, that if this section becomes a law as it now stands, and the amendment is rejected, the guardian must be ready at all times to hand over on demand all of said moneys, and in case he fails he would be guilty of a felony. The gentleman from Delaware says it that this amendment will defeat the purposes of the section altogether, and cites cases of guardians who have converted the moneys of their wards page: 244[View Page 244] and live in fine residences built with their money. This may be true but if the section is amended as proposed, it will be broad enough to include all such persons.
The gentleman from Delaware also says that guardians should get orders of Court to loan the moneys of their wards. This would be good practice, and I dare say very commendable; yet it is the duty of guardians to loan these funds without orders of Court. I hope the amendment will prevail.
Mr. STEWART offered a substitute for the amendment by striking out the words, "without good cause fails or," and insert in lieu thereof the following: "converts to his own use, or fraudulently."
On motion by Mr. COTTON, the amendment and the substitute were laid on the table.
Mr. McDOWELL moved to amend Section 23 [concerning abortion] by inserting in line three, after the word "miscarriage" the following: "Except when it is necessary to save the life or health of either the woman or child."
Mr. RYAN thought the amendment as proposed would simply amount to nothing; that this section is projected against women seeking to procure an abortion, consequently did not apply to where physicians are called to perform that service.
Mr. MELROTH said it was hard to tell when it was lawful or not in cases of this kind. Cases of that kind are often decided against the physician, even where he has done what is right and lawful; therefore he hoped the House would concur in the amendment.
Mr. MASON moved to amend the amendment inserting after the word "miscarriage," the words: "Except when by a physician for the purpose of saving the life of the mother or child."
The amendment to the amendment was rejected, and the amendment adopted.
Mr. GILMAN moved to amend Section 72 [enumerating the capacities and purposes for which persons attend prize fights] by striking out the words "or reporter." He said it would be necessary to allow a reporter on such occasions in order to get the facts, however averse he was to such proceedings.
The amendment was adopted.
Mr. COLE moved to amend Section 54 by inserting after the word "whoever" [Whoever shoots a gun, pistol, etc.]
It was adopted.
Mr. FLOYD moved to amend Section 79 (relating to the disturbance of religious Fair or other gatherings) by adding thereto the following: "Sextons of Churches and officers of Fairs, or any other meetings contemplated in this section, are authorized to arrest any person disturbing such public meetings." He said there was a lack of official authority at religious meetings to arrest those making disturbance, therefore he proposed the amendment.
It was adopted.
REINSTATEMENT OF BURNT RECORDS.
Mr. CAUTHORNE moved to suspend the constitutional rule in order to take up the bill [S. 211--see page 113 of these Reports] providing for the reinstallment of records for, read it the first and second time by title and the third time by sections, and put it on its passage. He gave as reason that Madison County was very unfortunate in the burning of her Court House, and the people there want to replace their records. As the law is defective on that point, this measure is necessary to accomplish the purpose.
The motion was agreed to--yeas, 72; nays, 0; and the bill [S. 211] was read the first and second time by title, the third time by sections, and referred to the Judiciary Committee.
GRAVEL, PLANK AND OTHER ROADS.
a The Committee on Roads reported on the bill [S. 54, see pages 80, 135, 136 and 155 of these Reports] to authorize Boards of County Commissioners to construct gravel, macadamized and paved roads, recommending its passage with amendments.
The report was concurred in and the bill was read the second time.
Mr. RYAN introduced a bill [H. R. 431] to exempt private libraries from taxation. [Such libraries not to exceed in value $200.]
Then the House adjourned.
