The Daily Clarion

MISSISSIPPI LEGISLATURE!

SENATE—FORTY-FOURTH DAY
Monday, March 1, 1886

Senate met pursuant to adjournment. Lieut.-Gov. Shands in the chair.

SENATE BILLS ON THIRD READING.

To amend the charter of the Natchez, Jackson & Columbus Railroad Company. Passed.

For the relief of tax assessors in this State. Indefinitely postponed.

To pay the Board of Levee Commissioners for the Yazoo-Mississippi Delta, certain money belonging to said Levee Board, and used by the State. Indefinitely postponed.

To prevent swine and goats from running at large in the county of DeSoto, and to define what shall be a lawful fence in said county. Passed.

This statute shall not go into effect and be enforced until a majority of all the land owners in said county shall petition the board of supervisors of said county asking said board to fix a day when said law shall go into effect, whereupon said board of supervisors, either at a regular or called meeting, shall make an order on the minutes of said board fixing the time when said law shall go into effect. Said board shall publish the time when said law shall go into effect for four successive weeks in some newspaper published in said county.

To incorporate the Natchez Compress & Warehouse Company. Indefinitely postponed.

To amend the Mississippi & Tennessee Railroad charter. Passed.

An act authorizing railroad companies to consolidate, and to aid, lease to or from, or purchase from or sell to other railroad companies. Passed.

To amend sec. 1054, Code of 1880, so as to extend the protection of said section to the employees of railroad companies in this State. Recommitted to Judiciary.

To incorporate the Natchez Street Railroad Company. Passed.

To provide for the election of members of, and to create a State Board of Equalization, and for other purposes. Referred to a special committee consisting of Messrs. Reynolds, Houston, Love, Boyd, and Dillard.

Mr. Boyd called up House bill, an act to amend an act entitled an act to facilitate the construction of the Gulf & Ship Island Railroad, and for other purposes, approved March 13, 1884. Referred to Railroad Committee.

HOUSE BILLS ON THIRD READING,

To repeal sec. 1359, Code of 1880, in relation to contracts to encumber growing crops. Made special order for Tuesday morning.

To define and punish the crime of teaching polygamous doctrines and principles and of persuading others to adopt and embrace the same. Passed by the following vote:

YEAS—Messrs. Batchelor, Boone, Boothe, Boyd, Brenham, Dickson, Dillard, Dodds, Gage, Gayles, Gully, Hamilton, of Hinds, Hamilton, of Holmes, Houston, Kemp, Love, Luse, Morris, Owen, Packwood, Powell, Reynolds, Ross, Smith, Whitney, Yerger—29.

NAYS—Mr. Burkitt.

Absent And Those Not Voting—Messrs. Austin, Barron, Binford, Buchanan, Casey, Dean, Guyton, Harvey, Seal, Simonton, Sykes, Thrasher, and Walker.

Mr. Burkitt had the following protest read: I vote against this bill, because I regard it as out of place, unnecessary and dishonorable to our State; at the same time I want it known to the public that I have no sympathy with polygamy or Mormonism.

For the preservation of certain records in the office of the Auditor of Public Accounts. Passed.

Joint Resolution to appoint a committee to look into and consider the propriety of reducing the number of judicial and chancery court districts and report by bill or otherwise. Concurred in by Senate.

The blank in the resolution was filled by a committee of two. Messrs. Dillard and Smith.

To amend sec. 2901 Code 1880, in reference to larceny, and for other purposes. Indefinitely postponed.

To amend sec. 1206 chapter 44, Code 1880. Indefinitely postponed.

For the relief of certain soldiers and sailors of the late war between the States. Passed with amendments.

Mr. Walker called up Senate Bill—An act authorizing the board of supervisors of any county of this State to require railroads to fence their tracks. Bill passed with amendments.

At 2:10 the Senate adjourned until 7:30 o'clock.

HOUSE—FORTY-FOURTH DAY.
Monday, March 1, 1886.

House met pursuant to adjournment, Speaker Sharp in the chair.

Leave of absence was granted to Mr. Watson.

Mr. Burkitt submitted the following statement and explanation:

MR. SPEAKER: In a letter written hastily to my paper last week, referring to the report of the Senate committee charged to investigate the management of the Penitentiary for the past two years, I used the following language:

"I do not believe this Legislature has the moral courage to arraign him, (Gov. Lowry) at the bar of the Senate."

The sentence, when put in type, Mr. Speaker, is susceptible of a harsher construction than I intended, and I feel it my duty to say to you, sir, and to this House, that I have the highest respect for the personal integrity of my fellow-members, with all of whom my social and official relations have been of the most pleasant character, and I most emphatically disclaim any intention to cast a reflection upon the honor of this body, or its purpose as a whole to do what the majority conscientiously believe to be right.

Mr. Speaker, there are many men of undaunted courage, whose hearts are so full of sympathy for their fellows, that they would rather forgive than to punish. While there are others, no braver, no better no truer, whose inflexible ideas of right and justice make them close their ears to the pleadings of mercy and pronounce without a tremor the stern sentence of the law.

I have seen men, Mr. Speaker, who would risk their lives in arresting the desperado and then shed tears to see the prisoner manacled. I have seen men charge the cannon's mouth, that would not for the world witness the awfully solemn scene of a legal execution.

I have known the experienced surgeon to delay the application of the knife to the gangrenous wound, until skill and science could not stay the icy hand of death.

So, Mr. Speaker, the patriot may shrink from the fearful alternative of applying a heroic remedy and continue to trust the proverbial patience and long suffering of the people, until this cancer which gnaws at the vitals of our body politic—"the one man power"—shall have established an oligarchy which can only be overturned at the price of blood.

In matters of great public concern, Mr. Speaker, true men often falter at the threshold of duty, and brave men hesitate to take a step which array powerful influences and arouses monster opposition.

In this sense, and in this sense only, Mr. Speaker, could the language used be applied to this House—individually or collectively.

Mr. Speaker, I do not boast of moral courage superior to that of any member of this House. There are many quiet men who are the very highest examples of the morally courageous man. I may say, however, Mr. Speaker, that so far through life, I have had the courage to do what I believe to be my duty in every position in which I have been placed.

I have, too, I think, the courage to make amends to any one whom I may have wronged under any sort of misapprehension, whether he be of high or low degree. But I cannot permit myself to shirk a responsibility imposed upon me by the people who elected me to a seat in this House, or to be swerved from the path of duty, by abuse, vilifications, moral or physical intimidation.

Mr. Speaker, and gentlemen of the House, the eye of the whole State is upon us. The people pray for relief from the negligence, extravagance and abuses of power which have grown up in, around and about this Capitol.

If we would preserve our political organization, if we would have a strict enforcement of the laws, if we would have lighter taxes, if we would have a faithful and economic public service, we have a grave and solemn duty to perform.

God grant that our eyes may be opened to that line of duty, which when followed honestly and fearlessly will redound to the glory of the Democratic party, the honor of Mississippi and the welfare and prosperity of all our people.

Mr. Hoyle moved that so much of the explanation as was intended for an apology to this House be accepted. Carried.

Mr. Collins offered a resolution providing that no member be allowed to speak more than five minutes on any subject nor to assign his place and time to another. Lies over.

Leave of absence granted to Committee on Benevolent Institutions to perform Committee work.

Call of counties for introduction of local bills resumed.

Mr. Noland: For relief of I. Guntz, of Wilkinson county. Considered in Committee of the Whole. Mr. Groves in the chair. Reported favorably and passed.

Mr. Noland: For relief of G. A. Lowenburg and Henry Samuel, partners. Considered in Committee of the Whole. Mr. Bush in the chair. Reported favorably and passed.

Mr. Noland: For the relief of Jenkins & Shields, of Wilkinson county. Considered in Committee of the Whole. Mr. Waldrip in the chair. Reported favorably and passed.

Mr. Epperson: To amend an act to authorize the corporate authorities of Yazoo City to build a bridge across Yazoo river. Passed.

Mr. Epperson: To amend an act to incorporate Yazoo City. Passed.

Mr. Epperson called up an act to provide for a new registration of the electors of Yazoo county. Passed.

Mr. Gibbs: To authorize the supervisors of Yazoo county to sell certain property and for other purposes. Passed.

Mr. Norrell: To prevent certain stock from running at large in certain portions of Yazoo county. County Affairs.

Mr. Norrell: A resolution that the call of counties be commenced at foot and head of the roll alternately. Lies over.

Mr. Truly called up an act for the relief of R. F. Learned. Passed.

Mr. Truly: To amend an act to provide for an additional justice of the peace in district number 2, Jefferson county. Passed.

Mr. Truly: To amend chap. 132, acts of 1882, in relation to election of an additional justice of the peace and constable in district number one, Jefferson county. Passed.

Mr. Raiford called up an act to prevent swine from running at large in Amite county. Senate amendment concurred in.

Mr. Burkitt called up an act to remove the disabilities of minority of Geo. K. Gates, of Chickasaw county. Passed.

Mr. Hill called up an act to amend an act to prevent stock running at large, so far as the same relates to Clay county. Indefinitely postponed.

Mr. Hill: An act for the relief of A. B. Cottrell, of Clay county. Considered in Committee of the Whole, Mr. Wise in the chair. Reported favorably and passed.

Mr. Hill: To authorize the supervisors of Clay county to pay the chancery clerk for services as auditor. Passed.

Mr. Beazley: To change the name of Mrs. A. C. Wright, of Clay county, to Mrs. A. C. Kirby. Passed.

Mr. Buchanan: An act to perfect the title and claim of the State to certain lands sold for taxes and to provide for disposing of same. Judiciary.

Mr. Baird: To extend the time to Jas. M. Rook, of Marshall county, in which to make his bond as justice of the peace. Indefinitely postponed.

Mr. Cutrer: To incorporate the town of Jonestown in Coahoma and to repeal all acts in conflict therewith. Passed.

Mr. Cutrer: To amend an act to change the time for holding circuit courts of 4th Judicial District. Judiciary.

Mr. Cutrer: To amend sec. 794, Code 1880, in so far as changing time of holding chancery court of Bolivar county. Judiciary.
Mr. Cutrer: For relief of C. J. Jones, of Bolivar county. Claims.

Mr. Elmer: To amend chapter 42 acts 1872, to create a Board of Pilot Commissioners for Ship Island Harbor. Passed.

Mr. Elmer called up an act to encourage the planting of oysters on Gulf Coast. Passed as amended.

Mr. Trigg called up an act to repeal the present charter and to incorporate the city of Greenville. Passed.

Mr. Trigg: To amend an act to incorporate the town of Indianola in Sunflower county. Passed.

Mr. Trigg: To amend an act to incorporate the Board of Levee Commissioners for Bolivar, Washington and Issaquena counties, and to repeal an act to more effectually protect the public levees in Mississippi Levee District, amendatory to the laws pertaining to said District. Levees.

Mr. Trigg: To authorize the supervisors of Washington county to pay for completing the registration of said county in 1879. Passed.

Mr. Trigg: To amend an act to incorporate the Yazoo Delta Railroad Company. Railroads.

Mr. Trigg: To provide for payment of levee taxes by railroads in the levee districts, this State. Railroads.

Mr. Trigg: To provide for payment of a deputy circuit clerk during circuit court of Washington county. Passed.

Mr. Trigg: To provide reasonable compensation for the clerk of Washington county for services in certain criminal cases. Passed.

Mr. Bizzell: To provide for submitting to the voters of Tate county, the question of prohibition. Temperance.

Mr. Dale called up an act to regulate the finances of Simpson county. Passed.

Mr. Summer called up an act to amend an act to incorporate the town of Poplarville, Marion county. Passed.

Mr. Welch called up an act for relief of H. Wohlebin. Passed.

Mr. Eskridge: For the relief of P. B. Portwood, of Tallahatchie county. Passed.

Mr. Arbo called up an act to amend and reduce into one the act to incorporate the city of Bay St. Louis. Passed as amended.

Mr. McGehee called an act to authorize the appointment of a guardian of the estate of G. W. and Maggie Ballentine, upon certain conditions. Passed.

Mr. Askew: To encourage horticulture and permit the sale of native wine in Oktibbeha county. Passed.

Mr. Jones: To authorize the supervisors of Claiborne County to build a school house. Passed.

REGULAR ORDER.

Consideration of report of the Education Committee, an act in relation to free public schools, was had in Committee of the Whole. Mr. Hoyle in the chair.

Mr. Cutrer moved to consider the bill by sections. Carried.

Mr. Buchanan moved that Prof. Preston have the privileges of the committee extended to him, and that he be requested to aid in consideration of the bill. Adopted.

After an hour and a half, on motion of Mr. Selman, the Committee rose, reported progress, and asked leave to sit again.

House at 2 o'clock adjourned till 7:30.

NIGHT SESSION.

The House, on re-assembling at 7:30 p. m., resumed consideration of School Bill, and pending its consideration, adjourned at a late hour.