Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-01-27
ed. By almost common consent of those Who ARE

tied. By almost common consent of those who are
benefited by the act, and of those who, perhaps,
suffer little from its effects but all for the eau
OF educaton), the question has been allowed to
rest for some years, those in favor of the law not
asking to go further in the matter, and those paw
ing, as he understood it, not particularly Directing
to 1t. he thought no occasion exists now for re-
opening the subject. If any gentleman has any
doubt about its constitutonalty, let him refuse to
pay the tax assessed upon him, and have it taken
into court where 1t can be tested. He thought the
legislature, who are presumed to do Eothiug
wrong, bat everything according to the Cons;itu-
ton, should allow the question to rest and let each
individual apply for himself the remedy that the
law gives hin in the courts.
Mr. PORTER hoped the House would not recon
slider. Instead e the whole matter being settled
il has been an unsettled question ever since the
measure was passed in 1872. The Constitution
provides that the Governor and Council or either
branch of the legislature, may ask the opinion OF
the supreme Court on auy question upon Which
they wish information. He undertook to say that
a very large portion of the legal gentlemen 10 the
State Of the highest legal a.tainments, doubt the
constitutiouGlity of the act. 1t may be eXredeut
to go on and assess taxes under the law, but he
thought not without first testing the matter. The
merits of the act are not to be taken into consid.
Grafton here The question now is whether the
legislature has right to continue on assessing
and collecting tax, about the legality of which
there are grave doubts.
Mr.. TALBOT agreed with the last speaker Por-
teri. lie presumed that no gentleman in the
House intended to act unless he acted in accord
ance with the oath which he had taken. He did
not suppose that even the gentleman from Mada
waska Keegan wanted to take in his pocket a
couple thousand dollars when he goes home, and
carry it up to his constituents. unless it is done
Constitutionally and according to law. The only
object of inquiry is to test the legality of ques-
ton upon which there are, at least, grave doubts
in the minds OF many who are here to act as rep
resentativcs. He hoped as the Constitution pro-
vides for a settlement of the question in the way
designed by the order, that individuals would not
be driven to adopt the remedy suggested by the
gentleman from Madawaska hecgan and be sub
jected to the burdens of law suit; because he
believed it to be question which affects the ac-
ton of the present legislature, and he wished for
the opinion of the court On the matter, that he
might act in accordance with it. He hoped the
vote would not be ,econsidered. The order could
do no harm and might do great deal Of good.
Mr.. POWERS did not agree with the gentleman
from East Machias Talbot. He was aware that
the House has right to call upon the judges OF
the Supreme Court for information In certain
cases. But be though: that right should not be
exercised unless there is some very good reason
for it. This act was passed several years ago
Taxes have been assessed and collected under it
for years. Not single town or plantation within
the State of Maine has seen fit during all that
time to raise the question of the constitutonality
of the legality Of the tax. We now propose to
go back and ask the opinion of the Supreme Court
upon that act. Tina. course of proceeding would
allow us to 60 back and take any other act and
ask the opinion of the court upon its constitution
atty. No petitions are before asking for the
repeal of the act and why should this House, OF
OF its own vohtion assume that previous legis-
lature has acted unconstitutionally, and entail
upon the judges Of the Supreme Court the trouble
of examining the matter?
He next spoke of the difficulty of getting an
opip of hp bpfora hn a1inurprnapt NJ
the Legislature, the judges being scattered all
over the State, holding courts, and of course I'M
able to meet for consultation. He fully concurred
in the suggestion of the gentleman from NADIA
waska, keegan |, that if any city or town believes
the act unconstitutional, taev have their remedy
in the court. II seemed to him improper for this
Legislature to assume that a preceding Legisla-
ture acted unconstitutonally, FOR it would be as
sumng it to a certain extent by submitting theft
act to the decision Of The full court, especially
when no town or plantation has seen ii TO ques-
ton the matter.
A great nuMber of the smaller towus are hene-
fitted by the act al the expense of Of the
larger ones. He represented a town ioulton'
which is not benefited by It. ct 10 the general
Justice of the act which compels the property Of
the state at large TO educate the citizens of the
State he agreed. lie trusted that the motion &c
reconsider would prevail, and that the question OF
the mill tax would not be opened IN the manner
proposed by the order.
Mr.. CLEAvEs could not agree with the las,
speaker Powers. 1t seemed to him, when the
leading lawyers in the State disagree to the
consttutionality of act that is upon the statute
book, that the House of Representatives is exer.
cising its duty in calling upon the Supreme Count
of the State for opinion in relation to it, espec
tally when it is matter upon which members at
this session must act. Without discussing the
merits of the act itself, he thought the order prop
er and legitimate, and hoped the vote would NJ,
be reconsldered.
Mr. PORTER enqpired the object of the provision
in the Constitution which authorizes the Legisa-
ture to call for the opinion OF the Court.
Mr. POWERS replied.
Mr.. kEEGAN argued that the mill tax law is n
accordance with that provision of the Constitution
which authorizes the State, from time to time, to
endow institutions of learning, etc. He though.
it best to let well enough alone, and not tempt the
friends of the law any further, because in Of
favorable response from the Court, he did not
know but that the friends of the act might be
tempted to take another step. He remembered OF
one occasion of the gentleman from Burlington
Porter, appearing before a committee and argu-
ing against an increase of the tax so he keeg gan
was not surprised that he Porter should be de.
sirous Of getting the matter up a second time.
Mr. PORTER. | made some remarks before
that committee, and after had got through sew
eral gentlemen of the convention VII hel me &c
state which side was on.
Mr.. kEEGAN. And you stated you were in ia
gentleman will still keep TO that resolution, ano
allow things to remain as they are. They are
right, and think the House will so decide.
Mr.. PORTER remarked that he was member o.
the House in 1872, when the bill was passed, and
the question of its constitutionaity was raised
them but they were "choked" of from trying tt
get the opinion of the court, by the threat
as the gentleman [Keeganl says, that il
the court did decide in favor of the law
that the friends of the measure would
go further. That was the way the measure
was carried, and the gentleman from Madawaska
[Keegan] was one Of those who were round here
in 1872, saying, "if you don't vote for this, or il
you oppose it, and we prevail and get the opinion
of the court in our favor, then we will give you
jesse" So the question has never gone to the
Supreme Court.
The discussion was briefly continued by Messrs
Porter and Keegan.
The House refused to recons Ter by vote OF
AZ to So.
On motion of Mr., PIKE,
Adjourned.
BILLS, PETITIONS, &c, PRESENTED AND RI
TERRED.
By Mr.. HAYNEs.-Memorial of the Maine State
Association for the protection of fish, asking fol-
such legislation as may be necessary for the pro
lection and culture of fish. Laid on the table ant
ordered printed.
BY Mr. ALExANDER.-Petition of F. W. Stiu
son for deed of land in Township No. S, Range 3
Pafo IN tbo M init faa Sfata I A1sf