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Brevier Legislative Reports, Volume XIX XX, 1881, 475 pp.
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AFTERNOON SESSION.

The bridge bill passed-yeas, 33; nays, 7.

LIQUOR PROHIBITION.

On motion by Mr. SPANN, the joint resolution [H. R. 7] and other propositions to amend the Constitution, were made the special order for to-morrow at 10 o'clock a. m.

VIGO SUPERIOR COURT.

On motion by Mr. BISCHOWSKY, the bill [H. R. 17] to establish a Superior Court in Vigo County was read the first and second times by title only, and the third time by sections.

Mr. BICHOWSKY said the original bill provided for abolishing the Criminal Court, but that objectionable feature has been taken ont, so the Criminal Court is kept in existence till the third Monday in November, 1882.

The passed-yeas, 42; nays, 2.

GENERAL APPROPRIATION BILL.

On motion by Mr. GRUBBS, the Senate refused to recede from its amendments to the general p- page: 139[View Page 139] propriation bil1 [H. R. 422] and requested a Committee of free conference.

Mr. WILSON tendered his resignation as Chairman of the Finance Committee, which was accepted--yeas, 27; nays,16.

SHEEP PROTECTION.

On motion by Mr. VAN VORHIS, the report of the Committee on Free Conference on the dog bill [H. R. 36--see pages 46 and 47, vol. 20] was concurred in--yeas, 27; nays, 12.

STREETS THROUGH UNPLATTED LANDS.

On motion by Mr. CHAPMAN, the bill [S. 345] to amend Section 2 of the act of April 27, 1869, to enable towns to lay out, open, etc., streets, alleys, etc., so as to provide where a street or alley is opened through unplatted lands, no assessment shall be made against that land for benefits, unless the owner was a petitioner, was read the third time and passed.

Mr. BRISCOE objected to the proviso, and hoped the bill would fail.

Mr. HOSTETTER hoped the bill would not fail, and referred to cases in his town where such an act was needed, It is hard to take a man's land for streets and alleys and then assess benefits against the owner, when the land is used only fo agricultural purposes, and causing additional expense by making fences, etc. The bill does not screen the owner from any tax. He hoped the bill would pass.

Mr. HENRY said: The objection is it will not allow benefits to be assessed for opening a street or alley against any ground not plotted, whether it is used for agricultural purposes or not. If it simply related to farm lands he would vote for the bill, but in its present shape he would not.

Mr. CHAPMAN insisted the bill simply provides as he before stated.

The bill was rejected--yeas, 16; nays, 22.

THE CRIMINAL CODE.

The Senate returned to the bill H. R. 367.

Mr. BROWN moved to strike out Section 220. It is substantial nullification of what is in the organic law, that a man shall not be put in jeopardy twice for the same offense.

Mr. COMSTOCK supposed when a witness or a Prosecuting Attorney were taken sick it would work no hardship to postpone the trial for a short time.

Mr. BROWN insisted such cases were covered under the present law, but this section would allow a Judge to continue such case from term to term. There is no safety to an accused going to trial, but he may be tried over again. It is unsafe to a fair administration of justice to put it in the power of a Judge to grant a continuance.

The motion to strike out was agreed to.

On motion by Mr. HENRY, Section 230 was amended so as to read: The Prosecuting Attorney in capital cases may challenge peremptorily six Jurors; in other cases three Jurors--being the present law.

On motion by Mr. TRAYLOR, Section 273 was amended as to read: "When the defendant is found guilty the Jury must state in their verdict the amount of fine and the punishment to be inflicted, and where the plea is guilty or the trial is by the Court, the Court shall assess the amoumt of fines and fix the punishment to be inflicted."

The Senate adjourned till 9:30 a. m. to-morrow.

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