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WEDNESDAY, MARCH 29, 1882-10 O'CLOCK A. M.

The House met, pursuant to adjournment.

The Speaker in the chair.

Prayer by the Rev. Mr. Hale.

The journal of yesterday was read and approved.

Leave of absence was granted to Messrs. McCune and Mieure. Mr. Wright of DuPage, from the committee on appropriations, to whom was referred House Bill No. 2, being a bill for "An act making an appropriation for the payment of the members, officers and employés of the 32d General Assembly," reported the same back, and recommended that it do pass.

The report of the committee was concurred in, and the bill ordered to its second reading.

Mr. Wright of DuPage, from the committee on appropriations, to whom was referred House Bill No. 3, being a bill for "An act to provide for the incidental expenses of the special session of the Thirty-second General Assembly," reported the same back, and recommended that it do pass.

The report of the committee was concurred in, and the bill ordered to its second reading.

Mr. Buckingham offered the following joint resolution, and moved its adoption:

Resolved by the House of Representatives, the Senate concurring herein, That the Thirty-second General Assembly, convened in special session, adjourn sine die, at 12 o'clock noon, Saturday, April 22, 1882.

Thereupon, Mr. Collins of Cook moved to refer said resolution to the committee on rules.

And the yeas and nays being demanded, resulted as follows: Yeas, 70; nays, 57.

Those voting in the affirmative are:

Messrs. Allen, Ames, Bailey, Baldwin, Bayne, Brown, Bundy, Butterfield, Carter, Chafee, Chandler, Chatfield, Collier, Collins of Cook, Collins of Will, Cowan, Cox, Crews, Davis, Diggins, Dysart, Erwin, Garland, Goodspeed, Heryer, Keen of Wabash, Kelly, Kroll, Little, Ludington, McCune, Mc Williams, Mitchell, Mock, Nichols, Okeson, Olwin, Otman, Parry, Peters, Pearson of Madison, Pearson of Cook, Peterson, Phelps, Pierson of Greene, Pollock, Postel, Robinson, Rogers, Rumley, Simmons, Stover, Stowell, Strattan of Jefferson, Stratton of Will, Struckman, Sumner, Tice, Thornton. Tontz, Underwood, Veile, White of Cook, Whiteman, Wood of Knox, Wood of DeKalb, Wright of DuPage, Wright of Boone, Young, Mr. Speaker-Yeas, 70,

Those voting in the negative are:

Messrs. Andrews, Becker, Billings, Bitner, Blackaby, Boyd, Bryan, Buck, Bucking-
ham, Campbell, Carr, Clark, Cook J. R., Coultas, Crandall, Cronkrite, Crook, Durfee,
Duffy, English, Gallup, Green, Harris of Fayette, Harvey, Herrington, Hill, James,
Keen of Wayne, Lucas, Martin of Woodford, Martin of White, McAdams, McDonald,
McKinley, McLeod, Morgan, Morris, Mortland, Murphy, Niehaus, O'Mara, Paisley,
Perrin, Reno, Richardson of Cumberland, Sexton, Sharp, Shaw, Shumway, Spann,
Thompson, Vaughey, Welsh, Wilbanks, Winter, Yancey, Youngblood-Nays, 57.
And the motion prevailed.

Mr. Durfee, from the committee on rules, to whom was referred House Resolution No. 6, as follows:

Resolved, That there shall be added to the committee on congressional apportionment six additional members, tp be appointed by the Speaker.

Reported the same back, and recommended the following substitute therefor:

Resolved, That the membership of the committee on congressional apportionment be increased, by appointment by the Speaker of three additional members.

The report of the committee was concurred in, and the substitute was adopted.

Thereupon, the Speaker appointed as said additional members, Representatives Carter, White and Durfee.

Mr. Durfee, from the committee on rules, to whom was referred House Resolution No. 7, as follows:

Resolved, That the membership of the committee on senatorial apportionment be increased by appointment by the Speaker of six additional members.

Reported the same back, and recommended the following substi tute therefor:

Resolved, That the membership of the committee on senatorial apportionment be increased by appointment by the Speaker of three additional members.

The report of the committee was concurred in, and the substitute was adopted.

Thereupon, the Speaker appointed as said additional members, Representatives Sumner, Phelps and Sexton.

At 10:30 o'clock A. M., on motion of Mr. Baldwin, the House adjourned until 10 o'clock to-morrow morning.

THURSDAY, MARCH 30, 1882-10 O'CLOCK A. M.

The House met pursuant to adjournment.

The Speaker in the chair.

Prayer by the Rev. Mr. Hale.

The journal of yesterday was read and approved.

A message from the Senate, by Mr. Watson, Assistant Secretary: Mr. Speaker: I am directed to inform the House of Representatives that the Senate has adopted the following preamble and joint resolutions, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit:

WHEREAS, The agricultural, manufacturing and commercial interests of the Northwest, and no less those of the entire country, are largely dependent for their development upon a full enjoyment of facilities for the transportation of products and commodities; and, WHEREAS, The two great interior water routes of transportation in the United States are those of the Mississippi river, from north to south, and of the lakes, with the Erie canal and Hudson from west to east; and,

WHEREAS, A direct all-water connection between these two great routes is indispensable to a complete service to the interests which so imperatively demand improved and cheaper routes of transportation, since without such a connection there can be no real use by the Northwest of a water route to the East, nor by the East to the Northwest; therefore,

Rasolved, That the Senate, the House concurring, respectfully memorialize the Congress of the United States to authorize, provide for, and direct, at its present session, an early construction of a canal, for commercial purposes, from Hennepin, on the Illinois river westward to the Mississippi river, on the most favorable route.

Resolved, That our Senators in Congress be instructed, and our Representatives requested, to use all possible and proper exertions to secure from the body in which they respectively serve, the passage of a bill at the present session, ordering the immediate beginning of the work of constructing the canal herein mentioned, and to vote liberal appropriations therefor, to the end that the said canal may be completed and opened to the commerce of the country at the earliest possible date.

Resolved, That a copy of these resolutions, duly signed by the President of the Senate, the Speaker of the House, and attested by the Secretary of this body, be forwarded to each of the Illinois Senators and Representatives in Congress, in order that the same may be duly presented to the respective bodies in which they serve.

GEORGE TERWILLIGER, Secretary of Senate.

The Speaker laid before the House the following communication:

HOUSE OF REPRESENTATIVES,
SPRINGFIELD, March 30, 1882.

Hon. H. H. Thomas, Speaker House of Representatives:

SIR: I hereby respectfully tender my resignation as Postmaster of House of Representatives 32d General Assembly of Illinois.

With many thanks to you and the members of the House for the honor you have conferred on me, and for the many kind favors received at your hands, I am

Yours very respectfully,

J. H. MELVEN.

On motion of Mr. Allen, Mr. Melven's resignation was accepted. Mr. Co wan offered the following preamble and resolution, and moved their adoption:

WHEREAS, It is the duty of public bodies to bestow the positions of profit, trust and honor, placed in their hands by the people, that public recognition of worth and patriotism may be given, and the best interest of the country be thereby subserved; and,

WHEREAS, We recognize in John W. January a worthy citizen soldier, whose sufferings while in the service of his country entitle him to our warmest sympathy and admiration; a man fully competent to perform the duties of the position; therefore, be it

Resolved, That he be, and hereby is, declared elected to the position of Postmaster of this House, vice J. H. Melven, resigned.

The question being on the adoption of Mr. Cowan's resolution, On motion of Mr. Martin of White, the resolution was unanimously adopted.

Mr. Robinson, by consent, presented a petition relating to the transfer of the Illinois and Michigan canal to the Government of the United States.

Which was referred to the committee on canal and river improvement.

Mr. Baldwin, from the committee on judiciary, to whom was referred that part of the Governor's proclamation relating to the revision of the criminal law of the State, submitted the following majority report:

"That it is the judgment of the said committee that the criminal code of the State now works reasonably well, and secures substantial justice to the people, under all ordinary circumstances, and where the law-abiding people have been diligent and careful in electing and keeping in office competent and honest men, and at the same time not avoiding their own duties as jurors, or otherwise, that no just cause for serious complaint now exists.

"And the committee further say, with reference to the particular and specific changes suggested in the message, that if a necessity exists for such, or any changes, such necessity is not so pressing, nor are the changes that could be beneficially made, of such an imperative nature, that a commission need now be appointed with power to completely revise and elaborate our entire criminal jurisprudence, and especially as such commission would necessarily have to report to the next Legislature, and their report would be but an untried scheme as compared with our present law, which, by reason of practice under it and by judicial construction, has become well known to the courts, and fairly understood by the people.

"They further say, that at least one of the changes sought to be made, concerning juries in criminal cases being judges of the law as well as facts, seems to be of a fundamental character, and not to be changed by the General Assembly; and even if it could be so done, an innovation of doubtful benefit. That this power of juries, in times past, has given beneficial flexibility to the criminal law, and the power there reserved has rarely been abused, and this right. is sacred to the great law-abiding masses.

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They further say, that such evils as exist either in the law itself or in the practice under the law, can be fully learned between now and the time of the convening of the next Legislature. The press will make it known to the people, the courts and members of the bar will feel and see where it exists, and the law now requires judges to report such changes as they find to be necessary; and if

the judges do their duty, the Governor can then ask the next General Assembly to change the law, where it is thus proven to be defective."

CHARLES BALDWIN,

GEO. D. CHAFEE,
WM. H. ALLEN,
RANDALL H. WHITE,
J. HENRY SHAW,
A. N. YANCEY,
BALFOUR COWAN,
THOMAS E. BUNDY,
A. R. Моск,

F. M. YOUNGBLOOD,
W. K. MURPHY,

Committee.

Thereupon, Mr. Sumner, from the same committee, submitted the following minority report:

That we do not concur in the recommendations contained in the majority report of said committee, because we believe that, in many respects, the criminal code should be amended and revised.

E. B. SUMNER,
JAS. M. GREGG,
R. MCWILLIAMS,
DAVID SULLIVAN,

Committee.

Mr. Sumner moved that the minority report be substituted for the majority report.

Thereupon, Mr. Collins of Cook moved that 500 copies of said reports be printed for the use of the House, and the question be made the special order for Thursday next.

Mr. White moved to lay Mr. Collins' motion on the table.
And the motion prevailed.

The question recurring upon the substitution of the minority report for the majority report,

Pending which, at 12:50 P. M., Mr. Wright of Boone moved that the House adjourn until 10 o'clock to-morrow morning. And the motion prevailed.

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