No. 6. DEPARTMENT OF AG IMPI ' l-TII KE. «!•! 



-MK. CHI']ASV: It scoiiis to nic il would have been a wise plau lo 

 add, nccoi'diu}; lo the law. Of course tlie latter part of the resolu- 

 tion refers to that. I think this Board should take a decided stand 

 on this question because 3'ou, who took any interest in getting this 

 law passed, know what we had to combat and it is a question 

 whether we have not the same interest to combat now. and I think 

 it is right that these resolutions should be passed. 



MK. FENSTEMAKEK: A judge cannot be censured for deciding 

 something contrary to the [)ublic health but he can, if he decides 

 contrary to the law. 



MR. CREASY: I ask to have it read again. 

 Resolution read second time by Mr. McHenry. 



MR. RODGERS: I move that the words "contrary to the law" be 

 added. 



MR. NELSON: I think we can't be too careful in the passage of 

 this resolution. There is a good bit of difference of opinion as to 

 the deteriorating elfects on public health. I am opposed to it per- 

 sonally but I thought we would get up a discussion with reference to 

 this subject. 



MR. McHENRY: It is a very delicate question to take into con 

 sideration right here. We are only going on public report and news- 

 paper report as to the action of this judge in Mercer county. Before 

 we can accuse him of ruling "contrary to law" we should have his 

 decision as it is recorded on the books of Mercer county. I know 

 that some of the best minds are making a very careful study of this 

 question just now. It may be a very intricate question as to the 

 right of a judge to withhold sentence after one has been convicted 

 of breaking the law. If he has only withheld sentence, or suspended 

 sentence, it is a very grave question as to what we shall do here. If 

 he has deliberately thrown it out of court, as has been given in pub- 

 lic print, it makes it very plain and I say you caunot make it too 

 strong if that is so. If he has throv.n it out and says he would not 

 sentence the party simply because the party had not been notified, 

 with reference to the law, prior to his breaking the law, then I don't 

 care what you put in there. If he has taken the ground that because 

 I am going to break your safe to-morrow night or steal your chick- 

 ens, that you must come and notify me not to do it. then T am satis- 

 lied to put that in; but we have nothing to show exactly how this 

 matter is exc('])t from newsy)aper accounts and the general public 

 reports. 



MR. SCHWARZ; It seems to me you are on awful dangerous 

 grounds. T know the man who stands u]) hero and speaks against 



