Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-02-22
MAINE LEGISLATURE.
Senate.

Senate.
TUESDAY, Feb. 2lst.
Met according to adjournment.
Prayer by Rev. Mr.. PARK of Gardiner.
Reading Of records dispensed with.
Papers from the House disposed of in con-
currence.
READ AND AssIeSEp--Bill an act relating to
eonveyances; an act to authorize the taking
BY towns Of sites for the erection of soldiers
monuments; an act to incorporate the Poland
and Minot Mutual Fire Insurance Company !;
an act to amend the laws of 1870, relating to
the throwing of sawdust and shavings into the
Medomac river; an act to amend an act to in
corporate the East Oxford Agricultural So
ciety; an act to authorize Thomas Taylor to
employ and use steam power in the transpor-
tstion of freight and passengers upon high
ways In Pennington and other towns in Frank
lin comfy; an act authorizing the County
Commissioners of Kcnnebec county to appro-
pirate money to rebuild or repair bridge
over the Sebasticook river in Clinton Gore /;
an act to change the names of certain per-
sons; an act to incorporate the West Water
vile Fire Department; an act relating to the
service of writs.
Bill an act authorizing railroad corporations
to take lands for burrow and gravel pits was
laid over to be printed on motion of Mr.. LANE.
Resolve relating to an industrial school for
girls came from the House amended, by strik-
ing out the words ga commission of three, "
and inserting Trustees Of the Reform School,
and passed to be engrossed.
Mr.. FRENCH Of Franklin opposed the adop-
ton Of the amendment. 1t means to make the
school an attachment Of the State Reform
School, but that is not the idea of the friends
Of the movement. 1t is proposed to make it
an institution not dependentsupon the State
but still worthy of its charity. He gave an
account of girls industrial schools in other
States, especially in Connecticut.
The Senate refused to adopt the amend
ment.
Mr.. FRENCH of Franklin presented the fol-
lowing ~ Q substitute Resolved, That a
commission be appointed by the Governor and
Council to devise plan for the Industrial
School for girls on the family system, invite
Prcposals of lands and money for the estab-
lishment Of the same and report thereon to
the next legislature with Recommendation as
to location and the appropriation necessary on
the part OF the State to put in operation one
School on the plan above mentioned.
The resolve was adopted and it passed to be
engrossed.
Bill an act to incorporate the West Water
vile Fire Department came from the House
amended % as to make two-thirds instead
Of . majority vote to allow the citizens to pur-
chase engines, &C.
Mr.. Foster hoped the Senate would not
concur as the amendment would kiln the bill.
The Senate rejected the amendment and
insisted on its former vote and committee
Of conference was appointed, consisting of the
following Senators: Messrs. Foster, Cleaves
and Lane.
On motion of Mr.. LANE the report of cost
Of Commission Of immigration, &c., was re-
fsrred to the Joint Select Committee on Immi-
gration.
The Committee on Military Affairs made
their final report and were discharged.
Mr.. KINKS presented bill an act to estab-
lish uniformity of text books which was laid
over to be printed.
On motion Of Mr.. MoRRIs resolve providing
for an amendment of the Constitution SO as to
authorize the legislature to call a constitution
al convention was taken up according to spe-
cial assignment.
He presented amendment "a" which pro-
vides fer keeping open the voting polls, COM
mencing 1t the next State election, from 8 A.
NJ 70 p. NJ. without intermission. Adopt
ed.
The question then REQUIRED upon the pas
saEe of the resolve to be engrossed.
Mr.. MoRRls says there is great difference
Of opinion Is to whether we have authority to
call constitutional convention. For this
reason and to give time for the people and
press TO discnas the matter the present resolve
was presented He spoke TO some length
xT'ss the general question Of constitutional
xraeadnsnss.
Mr.. LANE shsaks time may come when it
nay be necessary 20 revise the Constitution
.sa be hoped We shall place ourselves in a
cs1dizzsn to do 80 when necessary.
On m0eScn Of Mr. CxRrrEL the question of
passing the resolve TO be engrossed was taken
By yeAs and nays
TEAs-Messrs- Bartlett, Buffrm, Caryill.
Ceaves, Dndley. French Of franklin, French
of SozDerses- Pullss, Kinks, Hobson. Holland,
Lane. Mayo, Minot, Morris, Nickels, Roberts,
Role, Sawyer, Smith of Knox, Smith Of Lin
coin, Spaalding. Voae. Webber-2i
NATs-Messrs- Foster and Periey-2.
So the resolve was passed to be engrossed
the minority report in regard to authorizing
the town Of Pittsfeld to aid in manufactures,
the question being TO substitute the minority
for the majority report.
Mr.. FOSTER claimed that the information de- |
sired had not been obtained from the Judges |
The questions were too sharply edged. He |
wished to make three points. LIST, the legisla-
ture has constitutional power to authorize
municipal aid to private parties when for the
public benefit, Of which 1t is the Judge. I'd, it
is the duty of the legislature in some cases.
3D., Pittsfeld presents such a case.
A town is the creature of the legislature
and has such and only such authority as the
Legislature has power to, and does delegate to
such town. The town is really the only in
strument for taxation for public welfare.
The constitution gives the legislature ''pow-
er to pass all reasonable laws and regulations
for tho defence and benefit of the people of
this State, not repugnant to the constitution"
or against natural justice. He then quoted
from "Booth VS.. town of Woodbury." 32
Conn. Reports, as follows on Communication
'In the first place, if it be conceded that it is
not competent for the legislative power to
make gift of the common property or of
sum of money to be raised by taxation, where
no possible public benefit, direct or indirect,
can be derived therefrom, such exercise of the
Legislative power must be of an extraordinary
character to justify the interference of the ju-
dietary, and this is not that case" ''Second, if
there be the least possibility that making the
gin VIII be promotive in any degree of the
puohc welfare, it becomes a question of policy
ana not OF natural justice, and the determine
ton Of the legislature is conclusive. And
Il.