268

RAISES THE AGE OF CONSENT

Benedict's Measure Comes Up and Is Finally Recommended for Passage.

Amended to Protect Men from Blackmail at the Instigation of Unchaste Women.

Eloquent Appeal Made by the Member Who Introduced the Bill -- Political Gossip From the State Capital.

Special Dispatch to the World-Herald.

Lincoln, Neb., March 18. -- The gallery of the house was crowded with men and women this morning. The occasion was the special order for the consideration of house roll 348, Benedict's bill to raise the age of consent to 18 years.

Benedict of Douglas moved to go into committee of the whole. This was carried and McNitt of Webster took the chair.

Chapman of Saline offered an amendment to increase from 18 years to 21 years the age of the man who is to be held responsible.

Benedict opposed Chapman's amendment. The gentleman from Douglas said he had a petition signed by 3,000 women of Lincoln praying for the passage of this bill, and he held one end of this petition while [Jine?] Allan carried the other end over the heads of the members to the other side of the room.

Mr. Benedict said: "Mr. Chairman: I do not believe it will be necessary that any argument should be made to convince the members of this house that this bill should become a law. I cannot believe that any member of this house will oppose so just a measure. The age of 'legal consent' now upon our stature books is 15 years. No one will pretend to say that this is right or just. What does an innocent, confiding child of 15 years know of wrong? When the devil in human form whispers in her ear his damnable lies, she trusts him, believes him. Finally the poisonous fangs sink deep into the heart of that trusting child, her ruin is accomplished, a home made desolate, another soul crying to God for justice. A child of 15 years is only beginning to observe and study, and knows nothing of wrong. It follows then that such a child's judgment cannot be trusted. Men therefore do not entrust business affair not allow children of this age to marry and yet they are credited with sufficient judgment to decide that which pertains to their viatl and eternal welfare. This is a question of right or wrong: not a question of law.

THE CLASS AFFECTED.
"Who are the people that will be injured if this bill becames a law? Is it the God-fearing, law-abiding people all over this fair land of ours, or is it the lecherous scoundrels whose name is a stench in the nostrils of all decent people? Does it work an injustice upon anyone who seeks to lead a virtuous, upright life? No, the only one who trembles at this law is that devil in human form who roams the earth seeking out some fair young girl to gratify his hellish lust. When she appeals to him for protection he laughs in her face and casts her from him. He walks out into the bright sunshine glorying in his strength and manly beauty to be received with open arms by fashionable society, petted and feted, and he goes on seeking new victims. Society may frown and shrug its shoulders fora time, but soon forgets or says he is unly sowing his wild oats."

"But you ask what becomes of this young, confiding girl, more 'sinned against than sinning.' Is she received with open arms by this same society? No, not one friend left on earth, except, perhaps, a sorrowing mother or father, crushed, hearbroken and despairing, she knows not where to lay her head. Thrust aside or trampled upon, she seeks to hide her shame by going still further down the way to perdition. She joins the mad whirl and is soon lost to sight in that cesspool of iniquity, the brothel, or maddened with her shame she seeks relief by plunking into the black eddying waters. With one last cry she is engulfed, her soul wings its way to that God who has said he would 'temper the winds to the shorn lamb.' This is no fanciful or overdrawn picture. This is occurring every day and we are doing nothing to prevent it, unless we pass this bill, just as it is drawn.

DOLLARS TO SOULS.
"A few days ago what is known as the oleomargarine bill was passed by this house and the reasons given by the great many for voting for it were that so many petitions had been sent in, that they dared not vote against it. Petitions praying for the passage of this bill have been presented nearly every day signed by thousands of our best citizens from all over the state. Gentlemen, do you think more of a dollar than you do of a human soul? Can you consistently give heed to one petition and ignore the other? I hope and believe you will not.

"You ask for argument? Go into the streets of any city in all this broad land, and as night comes down you will see the cunning temper walking stealthily along the street seeking to beguile the unwary into her lair to ruin them as she herself was ruined. She was once an innocent, artless child. Who made her what she is? Man's villainy.

"You ask for argument? Go with me to Milford, and see there the helpless girls with despairing, weeping eyes, deserted, friendless. Some praying for death to to relieve them of their awful shame.

"You ask for argument? Go to the brothel and see there the pained cheek and hear the hollow, mirthless laugh, and ask that erring one if she wants this enacted into a law.

"You ask for argument? Go with me to that vine-clad cottage, as the shades of evening fall. A light is in the window. Step inside the door and you will see a gray-haired mother on her knees in prayer. With streaming eyes she prays to that God who has said: 'Not a sparrow shall fall to the ground without our Father's notice.' She prays for the return of her erring child, who has wandered from her loving arms. Ask her if she wants this bill enacted into a law.

MEASURE IN HIGH FAVOR.
"Go with me into the street and see that father who with bowed head and trembling limbs seeks up and down for his lost child. They will all tell you that with all the women and good men of this state this bill is in high favor, and I speak in behalf of the mather and the wives and the sisters of Nebraska when I ask that this bill be recommended for passage."

Mr. Benedict's speech was greeted with great applause, the women in the gallery being, particularly demonstrative.

Chapman of Saline said he offered his amendment in good faith, as he thought the age of the man should be raised.

'Roddy of Otoe favored the bill. He spoke the great earnestness. He said that he wanted to give some protection to the girls. "Mr. Chairman," said Roddy, "I could forgive the man who would cut my daughter's throat, but the man who would bring my daughter to shame I would take his life, so help me God." (Applause.)

Chapman's amendment was defeated.

Casper of Butler said that he wanted to protect the young girls, but he wanted the law so framed as not to assist the blackmailer. He offered an amendment providing that this law should not apply to females who had dealings with different men. Benedict opposed Capser's amendment. Casper said this was a difficult bill to frame. The bill should be amended with great care.

Sutton of Douglas said he had an amendment that was drawn by a Lincoln clergyman. It was similar to Casper's amendment, and he favored the latter. Sutton's amendment merely added the world "virgin" before the word "female," and thus provided that only those who were "virgin females" could be protected by this law.

TO PREVENT BLACKMAIL.
Burns of Lancaster wanted to know what would happen if a girl under 18 was an inmate of a bawdy house. Would her guests be liable to go to the penitentiary.
Burns said he wanted this bill framed along the lines of common sense. He wanted to look out for the boys as well as the girls, and did not want designing women to use this law as a club for blackmail.

Munger of Lancaster wanted to know if the bill was intended to also protect the depraved female under the age of 18 years.

McNitt of Webster left the chair long enough to say that the opposition to this bill was trying to make a law to [?] the exception rather than the rule. He spoke with his usual force in favor of the measure.

Roddy of Otoe said he did not care if the bill did hit the frequenters of bady houses. "Let such characters take care of themselves or be branded," said Roody.

Conaway of York spoke in favor of the bill.

[Miles?] of Saline also championed it, and said that if the bill would strike a death blow to the social evil he would say "amen."

Casper said Rutton's amendment was better than his and he 'obtained leave to substitute the Sutton amendment.

Cramb of Jefferson said he feared the word "virgin" would open up the opportunities for bad men to attack by perjured testimony the reputation of unfortunate young girls.

COMPARE FAMILIES.
Benedict and Burns of Lancaster became entangled in a heated cross fire. Benedict asked Burns how many boy's he had.

"Four boys and four girls," proudly responded Burns. In response to a similar query from Burns, Benedict replied that he had two girls.

Thomas of Hamilton defended the bill.

Speaker Richards made a strong speech for the bill. He said that some day the man prostitute will suffer just as much as the woman prostitute. He said it was rare that a good man was made the subject of blackmail.

Cole of Hitchcook made an earnest speech in favor of the bill.

Davies of Cass, always eloquent, spoke with charming candor. Some of the women in the galleries did not appear to become enthusiastic over Davies' thrusts, but when he concluded with one of his well-rounded periods, he was accorded great applause. Davies said he favored this bill. He wanted to throw every possible safeguard about the girls. But in making amendments to this bill he wanted also to protect the girl who had reformed. A girl under 18 may have fallen and might reform, and after that reform she would be protected under this law. He said he spoke to the criticisms of many women of today. That as a rule, women were the worst foes of the fallen women. There were women who would pass a fallen woman by despising her and ignoring her, and not making a practical effort to rescue her and then hurry to church and drop down before the altar in a silk dress and pray God to rescue fallen women. He was in hearty sympathy with practical efforts as represented by this bill.

TRIBUTE TO MRS. PEATTIE.
He paid a fine tribute to Mrs. Peattie, to whom he referred as "That noble woman whose splendid articles in the World-Herald have done so much good for humanity." And he associated with Mrs. Peattie the many good women who were themselves willing to help a fallen women rise without asking God to do all the rescuing.

Robinson of Lancaster in opposing the bill made the "hot observation" that "nature, not statute, fixes the age of consent."

Ricketts made a strong speech in defense of the bill. He detailed some of his experience as a physician among the fallen women and he scored a number of strong points for the measure.

Casper said there had been a good deal of sentimental push on the subject. He related an instance in David City where the girl was notoriously bad, and one young man was selected as the lamb for the slaughter. That young man was sent to prison, and during the trial of the case the conduct of the girl was notoriously bad. He wanted the bill so changed as to meet instances like this.

Johnston of Douglas spoke in favor of the bill. Finally as a compromise an amendment by Bee of Furnas was adopted. This provided, "No female who is notoriously unchaste or is married shall be included in the provisions of this act."

Chapman of Saline wanted to amend by providing that complaint must be filed within forty-eight hours after the offense has been committed. This was defeated.

The committee arose and the house adopted the report.

The house took a recess until 2 o'clock.

GRAVE OVERSIGHT.
During the noon hour it was discovered that Bee's amendment was so tacked on to the bill that if it became a law, a man could not be held for rape on any married woman or unchaste woman who was either under or over 18 years of age.

At the afternoon session the house reconsidered the vote by which the report on the age of consent bill was adopted and again went into committee of the whole on that bill.

Great difficulty was experienced in amending the bill so as to meet all requirements. It was first proposed to amend the bill by providing that the clause relating to females under the age of 18 should not refer to those who had "previously became notoriously unchaste, or had been previously married."

Rhodes of Vally opposed this amendment. He said he wanted the law so arranged that girls under the age of 18 years should be protected under all circumstances. He thought the man who would have dealings with a child with or without consent, in a brothel or out of it, should be held accountable and should be shown no mercy.

Griffith of Adams wanted to recommend the bill as originally introduced and without amendment.

Burns of Lancaster sent up an amendment that would make this clause read thus: "If any male person of the age of 18 years or upward shall carnally know or abuse any female child under the age of 18 years with her consent, unless such person shall have become unchaste in character and is over the age of 15 years, every such person so offending shall be deemed guilty of a rape, etc."

Davies of Cass objected to this on the ground that it did not protect the reformed girl. He wanted this changed so as to read: "Unless such person shall be of notoriously unchaste character, etc."

This he said would require that the girl must be "notoriously" unchaste at the time of the committing of the act, and would protect the girl who had reformed. Davies suggestion was accepted and the bill as amended was recommended to pass.

BILL AS AMENDED.
The bill as amended is as follows:

Be it enacted by the legislature of Nebraska: That section 13 of the criminal code, being section 5588 of the consolidated statutes, is hereby amended to read as follows:

Section 1. If any person shall have carnal knowledge of any other woman or female child than his daughter or sister as aforesaid forcibly and against her will, or if any male person of the age of 18 years or upward shall carnally know or abuse any female under the age of 18 years, with her consent, unless such person shall be of notoriously unchaste character and is over the age of 15 years, every such person so offending shall be deemed guilty of a rape and shall be imprisoned in the penitentiary not more than twenty nor less than three years.

Sec. 2 Said original section 12 of the criminal code of the state of Nebraska, being section 5588 of the consolidated statutes, is hereby repealed.

House Roll 568, Rickett's bill to suppress mob violence, was considered. The bill provides that counties shall be held pecuniarily responsible to persons who are injured or killed at the hands of a mob. The bill was recommended to pass.

House roll 434 was considered. This is Munger's bill to permit foreign corporations to issue diplomas and to confer degrees of honor. The bill was recommended to pass.

WATSON'S MEASURE.
Senate file No. 1 was considered. This is the Watson bill relating to South Omaha and other cities of that class. Harrison of the Hall offered the amendments referred to in another column.

Griffith of Adams said that under the present law it required a vote of the people to change from one class to the other, but this bill provided that the mayor could do this. He was opposed to the bill. Harrison of Hall moved to report the bill for passage. Sutton of Douglas seconded the motion. Griffith moved to indefinitely postpone the bill. Sutton said he had been opposed to the bill, but with the amendments offered by Harrison he had no objections to the passage of the bill. The bill was recommended to pass.

Senate fil 173 was called up by Harrison, but objection was made and the bill went over.

Senate files relating to constitutional amendments were considered as follows:

Senate file 271, providing for the investment of the permanent educational funds, was recommended to pass.

Senate file 273, providing for the fixing the salaries of state officers, was recommended to pass.

Senate file 274, providing for the merging of teh government of cities of the metropolitan class and the government of the counties wherein such cities are located. Sutton of Douglas objected and the bill was laid over for awhile.

Senate file 275, providing for a verdict in civil cases by two-thirds of the jury, was recommended to pass.

Senate file 276, giving the legislature power to create an appellate court, was recommended to pass.

Senate file 279, providing for five judges of the supreme court, was recommended to pass.

ROW OVER VOTERS.
Senate Die 280, providing for an educational qualification for voters, was considered and then there was trouble.

This proposed constitutional amendment relates to "male citizens." A motion was made to strike out the word "male." The vote on this stood yeas 32, nays 33. The friends of woman suffrage wanted to discuss the bill a while longer, but their opponents moved to recommend the bill to pass. This was defeated by a vote of 31 yeas and 34 nays. Suter of Antelope proposed to amend by providing "any male or female citizen," but the chair ruled it out of order on the ground that practically the same ques had been voted down.

Barry of Greely moved to indefinitely postpone the bill. The vote on this stood: Yeas, 34; nays, 33. Chairman McNitt said he would vote in the negative, and added that the vote being a tie the motion was lost.

McNitt had ruled that a motion to recommend the bill to pass could not be again made at the sitting, so in order to save the proposed constitutional amendment, a motion was made and adopted to report progress on the bill and ask leave to sit again. When the committee of the whole reported to the house, the friends of the measure moved to amend the report by providing that the bill he recommended to pass, but the motion was lost. The report of the committee of the whole was then adopted.

WANTED A RULE ENFORCED.
At this juncture Hairgrove of Clay called for the enforcement of rule 19, which prohibits smoking. The speaker ignored the demand, though Hairgrove several times called for the enforcement of the rule. Finally the speaker said: "There are some things that must be overlooked. The sergeant-at-arms will enforce rule 19, and I will say that if the gentleman from Clay will observe the rules a little more closely, he will be in line with other members. We will have a strict enforcement of rules hereafter, and the gentleman from Clay must observe them."

Hairgrove retorted that he would do his part.

A resolution was adopted to give the Grand Army the use of a room for headquarters in the [aisle?] house.

House roll 309 was made special order for Tuesday afternoon at 4 o'clock.

Thomas of Hamilton made an effort to advance his liquor license option bill, but consent was refused.

Adjourned until Monday morning at 10 o'clock.

At the close of the session the speaker and Mr. Hairgrove met and exchanged compliments. Both gentlemen were decidedly "warm under the collar," and as each has an abundance of grit, there is prospect for fun in the near future.

SENATE PROCEEDINGS.

Australian Ballot Law Amendments Will Come Up Monday.
Special Dispatch to the World-Herald.

Lincoln, Neb., March 16. -- The senate was called to order by the lieutenant governor at 10 o'clock.

On motion of Senator Rathbun the senate went into committee of the whole, with Senator Campbell in the chair, for the consideration of senate file 392 and house roll 387.

The first named is Sprecher's bill to abolish the office of county attorney and return to the old system of district attorneys. Senators Stewart and Sprecher, in advocacy of the passage of the bill, declared that the rule seemed to be, under the county attorney system, to elect the poorest lawyers to be found. A list of ex-county attorneys in the senate included Senators Pope, Hitchcock, Lindsay and Sloan. Senator Sprecher explained that those gentlemen were bright exceptions to the usual run of county attorneys.

Senator Noyes amendment to allow the Omaha district to have four assistant district attorneys was accepted, and the bill was recommended to pass.

House roll 387 was then, under a suspension of the rules, read in part the third time. It being apparent that there were not enough senators present to pass the bill with the emergency clause, the further reading was postponed.

All bills relating to amendments of the Australian ballot law were made special order for Monday at 2 p. m.

On motion of Senator Wright his two insurance bills, senate files 98 and 132, were ordered engrossed for third reading. These bills have never been discussed in committee of the whole and there was strong objection made at the time to this advancement of these measures.

The senate adjourned until Monday at 2 p. m.

CAME NEAR HANGING HIM.

Watson Tells Why He Fathered the Anti-Hanging Bill.
Special Dispatch to the World-Herald.

Lincoln, Neb., March 16. -- In the house, with which branch of the legislature now rests the fate of the bill abolishing capital punishment, the fight is being vigorously waged by the friends and opponents of the change. Both sides are gathering their forces for the final struggle. The friends of the bill express confidence in the result, and its opponents are claiming that there will be a close vote.

Senator Watson, who has since his first term in the legislature been an earnest advocate of all bills on this line, was asked today when and why he came to adopt his opinion that the death penalty should be abolished. The answer in effect was this:

The why is because of the conviction.