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.
