Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-01-26

homestead in Hollis, his sister and brother In
law living there part of the time, while he
after leaving Portland in 1862, residing in
various places, at one time keeping house in
New York After he broke up in Portland,
he says he sent to the homestead some cold
duds,h such as he could not sell. He did not
go himself, his wife did not go, he nor his
wife have never kept house there, and he has
never stopped there two weeks at a time since
1871. When he came from New York in
June last. it was only on visit as was shown
by the testimony of DR.. Meserye. Now |
should like to know when ne re-established
his residence in Hollis. Was his residence
in this State one year preceding the election
i think most assurcdly not.
TO recapitulate. The records of the town
of WATERFORD were irregular, not being made
up in open town meeting. He had not re-
sided in the State one year preceding the
election, and sir, each and both of these ir-
Irregularities have in the last six years been
deemed good and sufficient reasons for I'M
seating democratic members of both branches
of this Legislature. And why should they
not be sufficient reasons for unseating MEM
bers Of the opposite party? Sir, deem de-
cisions made in party spirit unjust, and would
not vote to unseat any members of this House
upon that ground.
Mr.. Slower continued contending that Mr..
Lane was not constitutionally member OF
the House, but that Henry X. Bradbury, the
contestant for Mr.. Lanes seat was legally en-
titled to it. He regretted very much that Mr..
Lane was not constitutonally qualified to I'LL
the seat for which he was in all other respects
so eminently fitted, and which the voters OF
the district of Hollis and WATERFORD desired
him to fill. These were his reasons for not
signing the Majority Report.
Mr. p,wrps said he STONED the Majority
Report for the reasons set forth in it. The
objections against the right of Mr.. Lane hold
ing seat in the House were two-fold: That
he had not legal residence in the town OF
Hollis and that there were errors in making
up the records 1t was shown satisfactorily
to the Committee that he had resided in Port
land several years. That covered the one
years residence required by the constitution.
The next point was, had he resided in the
town of Hollis three months prior to the cleo
ton. The testimony of Mr.. Lane was, that
he went to Hollis on the 25th of May last,
more than three months prior to the election,
and he went there intending to make that his
permanent home. He had considered it as
his home for several years. As to the records
the report would speak for that, and the re-
port needed no argument.
The report was accepted, and the resolve
adopted.
Mr.. POWERS, from the Committee on Elec-
tons, on certificate of election issued to Sam
uel II. Richards of Eden, reported that said
certificate was issued by mistake, and that
said Samuel II. Richardson is not entitled to a
seat in this House. Read and accepted.
On motion of the same gentleman,
Ordered, That the Committee on Pay Roll
make up the pay of S. ii. Richards for ten
days attendance, at two dollars per diem and
mileage.
Mr. WHIDDEN moved suspension of the
rules, in order that the vote whereby the Com
mittee on Pay Roll was directed to make up
the pay of Perez Bunker, member elect, at
three dollars per day and for travel, might be
reconsidered.
Mr.. Whidden stated that Mr.. Bunker was
elected from the town of Barnard, but had
never been in attendance upon the House
had not even come to Augusta. He had a
few days ago sent in his resignation. He did
not know by what authority pay was voted
Him when he had never left his residence to
come here.
Mr.. BAKER would interpose no objections
to a suspension of the rules in order to bring
the question before the House, but when il
did come he should have something to say.
Mr.. HUssEY stated that Mr.. Bunker was
sick at the time of his election, and was sick
when the Legislature convened. The wish OF
his delegation and his constituents was, that
he should resign, and this wish had been
known to him, and he (Mr. Hussey) had in
formed him that he could not get the first
dollar for services never rendered, and he
saw no reason why he should. 1t would be
much like the order voting democratic papers
to democratic members of this body. He was
for retrencL ment, and hoped the matter would
be reconside'ed.
The rules we're suspended and Mr.. WHID-
DEN then move d reconsideration of the vote
giving the order passage.
Mr.. BAKER argued against reconsideration
on the ground that it had always been the
practice to make up the pay of members in
such cases, and he thought it right. A dis
pensation of Providence kept Mr.. Bunker
away from the Houses it was not his own
fault. Suppose any member of this House
had been taken sick the first day of the SEES
sion, and had remained sick down to the
present time and with no prospect of recovery,
and should resign. Would the gentleman
from Calais say we ought not to pay him, al
though he had rendered no service to the
State? He was simply able to come to the
House and look in, and then the misfortune
fell upon him. He could see no distinction
in principle in mans being taken sick one
hour before the legislature meets and one
hour after. 1t had not only been tine custom
to pay members taken sick after their arrival
here, but to pay extra expenses. He advo-
Gated the cause of Mr.. Bunker because he
thought it was right.
4 Mr.. WHIDDEN did not understand this case
to apply to the class of cases referred to by
the gentleman from Augusta. If member
elect has been in attendance, and in the SER
vice of the State, then it has been the custom
of the Legislature up to the time when he re-
signs his seat, to allow him his per diem, pay
and travel. But this was a case where the
man had never been in the service of the State,
or made an attempt in that direction. 1t
would make a new precedent, and if twenty
members elect Of the House were to never
come here, is it good rule to establish for
this House that they shall receive three dol
lars per day, and travel up to the time of this
resignation as late in the session as now?
Mr.. BAKER replied to Mr.. Whidden.
Mr. CHASE of VIM quoted from the Con-
sttution and argued that it would not be con-
sttutional to vote tmember elect pay, who
had never been qualified to enter upon the
discharge of his official duties.
The House voted to reconsider.
Mr.. links then moved to amend the order
by striking out ''three dollars" and inserting
4 Al. ul.~A