AFTERNOON SESSION.
Mr. WHITE, from the Committee of Free Conference thereon, reported an amendment to his Coal Oil Inspector bill [S. 25] that said Inspector shall appoint a deputy in each Congressional District, except the one in which he resides.
The report was concurred in.
Mr. BELL continued: The State Attorney General of course, as the Attorney of the State, desires this case shall be prosecuted because there is a good fat fee in it for that officer. In justice to those interested he asked that this matter shall not be indefinitely postponed. He preferred to see the bill fall for want of time. Senators are in haste, restless and uneasy, but let the bill pass over till time can be had for a full and fair discussion.
Mr. COMSTOCK thought the State can afford to do justice, and risk controversies between citizens to the Courts. This bill proposes to take from Courts questions that properly belong to Courts. If any injustice was likely to be done to any citizen, he would not be a party to that injustice; but it is not doing violence to any principle of right to allow these questions to be decided by the proper tribunal. He should vote for the indefinite postponement of the bill.
The motion was rejected--yeas, 18; nays 19.
On motion by Mr. CHAPMAN, the bill and reports were laid on the table--yeas, 22; nays, 16.
THE CRIMINAL CODE.
The Senate returned to the bill H. R. 367.
Mr. BROWN moved to strike out that part of Section 108 requiring the Prosecuting Attorney to put in writing motions to nol pros. and read reasons therefor in open Court. That is a useless clause for the reason that the action of the Court in refusing a nolle prosequi can not be reviewed.
Mr. COMSTOCK said there were undoubtedly many ceases in which the authority given the Prosecuting Attorney under this section has been abused; but the section had better remain as it is.
Mr. GRAHAM saw no reason sufficient to require this written notice. He favored the motion to strike out.
Mr. MENZIES thought it might act as a deterrent from not prosecuting many cases--especially liquor cases. The Prosecuting Attorney will treat indictments with a little more seriousness if required to put his reasons in writing for all cases nolle prossed on his motion.
The amendment was rejected by yeas, 18; nays, 20.
Mr. GARRIGUS moved to amend Section 14 so that no Judge shall suffer a defendant to go at large on his own recognizance.
Mr. BUNDY opposed the amendment. It would put a petty offender in Jail, when a recognizance should be taken at the discretion of the Judge.
page: 133[View Page 133]Mr. GARRIGUS insisted this matter ought to be regulated by law. Where the Judge is a man of large sympathy criminals are turned loose on their own recognizances.
The amendment was rejected on a division--yeas, 12; nays, 12--the Lieutenant Governor deciding.
Mr. GRAHAM moved to amend Section 153 by inserting the words "such cost as the Court may adjudged to be paid to him" in place of the words "all costs."
Mr. HENRY opposed the amendment. No Court would forfeit the recognizance of a prisoner when sick or unable to attend.
The amendment was adopted by yeas, 20; nays, 15.
Mr. BUNDY offered an amendment to Section 188 to make it more definite by inserting the word "tenant" after the word "bailee" where it twice occurs.
The amendment was adopted.
Mr. BUNDY desired to restrict the number of changes of venue to one from the Judge and one from the County, and he so moved to amend. As the section now stands these may be indefinite changes.
The amendment was agreed to by--yeas, 18; nays, 17.
Mr. GRAHAM moved to strike out Section 215, as the fee bill makes provision for Sheriff's compensation, and this would but add to that officer's compensation.
This motion was rejected.
A JUDICIAL CIRCUIT.
Mr. WOOD introduced a bill [S. 372] defining the Thirty-ninth Judcial Circuit-Carroll, White and Pulaski--which was read the first time.
SHEEP PROTECTION.
Mr. VAN VORHIS, from the Committee on Free Conference, submitted a report on the bill [H. R. 36] for the protection of sheep, which lies over under the rules for one day, objection being made to its immediate consideration.
CITY CHARTER AMENDMENT.
On motion by Mr. COMSTOCK, the bill [H. R. 378] to amend the general city incorporation law, with Senate amendments disqualifying a Councilman from holding any other office during the term for which he is elected, and authorizing a general levy of taxes for sewer construction, was considered as engrossed, read the third time and passed.
The Senate took a recess till 7:30 o'clock, with the understanding that the decedent's estate bill [H. R. 351] will be read the third time and no other business transacted.
