AFTERNOON SESSION.
Mr. WILLIAMS, of Knox, was of the opinion that the Grand Jury was one of the grandest institutions we have for the protection of public morals; and that the Grand Jury of to-day is a great improvement in its modified form over the Grand Jury of former days. He felt that if the bill passed it would make it almost impossible to punish certain classes of crime, such as disturbing meeting, gambling, etc. Such lawbreakers do not desire to go before a Grand Jury, but avoid it whenever possible He believed that there would be a rime of chaos and confusion if this grand system was to be broken down.
Mr. MELLETT was not one of those who would underate the work of the Grand Jury. He believed that it was a necessity, however much its privileges may have been abused. He believed that the Grand Jury now compel feel to lake cognizance of offenses that it would be better if it were not compelled to observe. He believed that certain crimes and misdemeanors could only be reached in this way. He would deprecate the practice of Grand Juries sitting for weeks to examine into old. offenses, perhaps years old.
Mr. WILEY thought the Grand Jury stood as a great bulwark and a great defense between the people and the violators of the law. He was opposed to the provisions of the bill, and hoped that the motion to indefinitely postpone would be agreed to. He had received a communication from a party living in the County from which the petition was sent that accompanies the bill, and he was led to believe that the petition had been circulated and sent here in the interest of a class who desired to avoid the law by securing the passage of the bill.
Mr. GIBSON thought that the title of the bill should be made to read a bill to protect saloon-keepers and other violators of the laws. He had papers In his possession that stated that the petition had been circulated in the interest of the saloon-keepers of the County from which the petitions originated. He did not consider the abuse of a law sufficient ground for its repeal. He hoped that the bill would be indefinitely postponed.
Mr. STEWART desired that the motion to indefinitely postpone would be agreed to. He thought that there was a class of misdemeanors that could only be reached through the Grand Jury. He did not believe any man, be he ever so good a citizen and respecter of the law, would voluntarily go before a Justice of the Peace, as would be necessary in case the bill became a law, and make affidavit against the son of a neighbor for some misdemeanor committed by that son. He thought that the jurisdiction of the Grand Jury should be left unchanged.
Mr. JEWETT desired to disclaim any personal interest in the bill, although it had been ascribed to him He introduced the bill in the interest of economy and for the purpose of protecting citizens from being housed up before the Grand Jury. He would say to the gentleman from Benton [Mr. Wiley] that he had, unintentionally no doubt, done a great injustice, by his reflections on the petitioners, a great injustice to as good men as live in the State of Indiana. It was the prostitution of the Grand Jury for political purposes in the County of Jefferson that caused the petition to be sent here, and the petition was signed by some very worthy citizens. He considered the provisions of the bill to be in the interest of the people, but not in the interest of the Prosecuting Attorneys of the State.
Mr HEFFREN said, in explanation of his vote, that he was not in favor of the motion to postpone indefinitely. He thought the bill was one step toward progress and reform, which the Democratic party promised the people last fall.
The motion to indefinitely postpone was agreed to-yeas, 59; nays, 29.
REPORTS FROM COMMITTEES.
Mr. Eley's bill [H. R. 154] providing for the election and qualification of Justices of the Peace was reported back from the Judiciary Committee, with recommendation that the bill do pass. The report was concurred in.
Mr. ADAMS, from the Committee on the Judiciary; reported back Mr. McClelland's bill [H R. 175] to repeal Section 1 of an act authorizing aliens to hold real estate, with the recommendation that it lie on the table, for the reason that a similar bill is now before the Committee. The report was concurred in.
OBSERVANCE OF THE SABBATH.
Mr. ADAMS, from the same Committee, reported back Mr. Heffren's bill [H. R. 237] to amend Section 95 of an act concerning public offense, with the recommendation that it be indefinitely postponed.
Mr HEFFREN said this bill was to amend the Sunday law. He thought the members of the House knew that the deliverer of milk, bread and ice, telegraph operators, printers and others of necessity worked on Sunday, and the bill was to prevent them from malicious prosecution.
page: 145[View Page 145]Mr. SMITH war of the opinion that the simple fact of its being a violation of the law was all that secured this much needed day of peace and rest to a certain class of our citizens. He feared that under the provisions of the bill before the House men would work seven days instead of six. He did not entertain the idea that it was necessary for a bootblack to work on Sunday, or that it was necessary for a man to shave on that day. He thought it was only the part of humanity that these needed protections should be thrown around the Sabbath in order that its blessing might continue undiminished.
Mr ADAMS read the present exceptions to the Sunday law, and was of the opinion they did away with the provisions of the bill now under consideration. He did not think that because a druggist should be allowed the privilege of selling medicine on Sunday that he should also be given the privilege of disposing of his entire stock of goods.
Mr. MOCK did not favor the indefinite postponement of the bill. If the provisions of the bill were too broad it ought to be amended and then passed.
Mr. HEFFREN believed that the car of progress which the gentleman from Tippecanoe [Mr Smith] told us about the other day in such glowing language, is still rolling on; and that tradition and prejudice should be forgot; en in the light of our present civilization. A mankind becomes enlightened the old notions will be left in the rear. He believed in respecting the Sabbath, but certain things were now regarded as necessities, and necessity knows no law. It is time that these old fogy notions take a back seat. Men should take a new view of these matters That man does best who obeys the dictates of his conscience best. He move i that the bill be recommitted to the Committee on Judiciary.
The motion was agreed to.
FOURTH CIRCUIT COURTS.
Mr. Gibson, from the Committee on Organization of Courts, reported back Mr. Tuley's bill [H. R. 231] to fix the time of holding Courts In the Fourth Judicial Circuit, with the recommendation that the bill pass with certain amendments. The report was concurred in and the amendment adopted.
On motion by Mr. Gibson-yeas, 78; nays, 0 the Constitutional rules were suspended, the bill read the second time by title only, the third lime by sections, and passed the House by yeas, 81; nays, 0.
REPORTS FROM COMMITTEES.
Mr. Patten, from the Committee on Organization of Courts, reported back Mr. Hamilton's bill [H. R. 168] establishing County Courts, etc., with a recommendation that hte same be indefinitely postponed. The report was concurred in.
Mr. Spann's bill [H. R. 201] to provide for the organization of Saving Banks, was reported back from the Committee on Bank, with the recommendation that it be indefinitely postponed. The report was concurred in.
Mr. Hanson's bill [H. R. 24] to provide for a general system of Common Schools, was reported back, with the recommendation that it be indefinitely postponed. The report was concurred in.
Mr. Shockney's bill [H. R. 138] to amend the Common School law was returned from the Committee on Education, with a recommendation for indefinite postponement. The report was concurred in.
SOLDIERS'S MUSTER ROLLS
Mr. McHenry, from the Committee on Military Affairs, introduced a bill [H. R. 304] concerning the recording and preservation of the muster rolls of the soldiers of the Mexican War, of the late War and of the Indiana Legion [appropriating $2 800], which was read the first time and passed to the second reading.
INDEFINITELY POSTPONED.
The following described bills were indefinitely postponed by concurrence in such recommendation in Committee reports:
Mr. Chandler's [H. R. 233] to regulate judgments rendered Rail Companies.
Mr. Hanson's [H. R. 166] to amend Section 95 of the public offense act.
Mr. Helm's [H. R. 125] to amend Section 33 of the County Superintendent act.
The House adjourned till 10 a. m. to-morrow.
