Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-01-07

and become part Of tho Consultation Of INC S'a'e
on the first day of January 1876: or,
It is among the first and most important u tuJ.
uties TO give full practical effect to these smenu'
,nsnts bv snch enact,nents, and revision of exist
mo statutes, Is may be necessary 70 tnas eng.
1he amendments relating to special Legislation
and corporations necessitate much ana tne mos 70,
careful exercise Of your powers. lhey are ~ ioa,
iovs Constituting additions TO article four, par
49, ~ the Prostitution: "Section l3. The leg
;siafure shall from time to time, PROVIDE as lar Is
nracfcable by general laws for all matters usuai'
e entertaining to special or private Legislation.
-"Section IA. Corporations shall be formed unoe,
general laws, and shall not be created oy speclai
acts of the legislature, except Tor munic,Pa po r
poses and in cases where the objects OF the cor
porstion cannot otherwise be attained; and now
ever formed, they shall forever be subject 10 tue
general laws Of the State. -
Section thirteen presents discretionary held OF
action which your own honor will impe! 20" u
occupy to the fullest extent 49,,
includes 80 large portion Of the laws OF former
legislatures, is An obnoxious one, conveying sug
restions Of privilege, favoritism, and monopoly
though happily these evils have not IN iact s'aih
ed the character of onr legislation, they shon 10
not be suffered to have, even in the form OF our
laws, any grounds of suspicion that can pc re-
moved. Other weighty objections to special law.
for private benefit are, that they are obtsinea a!
the public expense, and in their passage dlstrac'
the attention OF legislators from matters OF PuDS
interest. The opportunity is now afforded, ana
the duty epjoined upon you, by the amenoihen'
to restrict the necessity for such laws TO the mar
rowest possible limits. An analysis and classhca-
tion of the private and special laws upon zoe
statute books, will inform you of the oblects ior
which it is desirable to provide by general laws
if practicable.
MANY objects have been hitherto specially legis-
lated upon although they were amply provided iot
by general laws. have distinguished authority
for the statement that sixty or more OF the cor
poratons created by special act for each. by the
last legislature, could have been created and Or
yanized under general laws. The reason why the
general laws have not been resorted to to great
er extent, is not, go far as | am informed, to be
found in any insuficiency or defect of those laws
bat in the greater ease and simplicity OF the meth
cd Of application to the legislature and IN the
fancied higher sanction Of an authority proceed
ing directly from it.
Section fourteen. relating to corporations, y
comprehensive and peremptory. 1t relates to all
eorporations except only those for municipal pur-
posea. 1t clearly prohibits their creation BY
special acts il the objects desired can be secured
under existing general laws.
These amendments direct yon 10 useful and
memorable work. The more Of it you do-the
closer the bounds to which you con6ne the neces-
sity for special legislation-by so much will yon
conform the more nearly to the spirit and letter OF
the people's command and expectation, and
heighten their approval.
The amendment giving the Governor power to
grant conditional combinations and pardons, may
be construed to refer to existing regulations or as
contemplating further action on your part in pro-
vdng regulations relative to the manner Of apply
ing for pardons. 1t is earnestly to be desired that
ouch regulations may be established as shall ma
terially assist the Executive in the discharge OF
this the most delicate and responsible department
Of his duty.
~ a. h. ay in.
CURED the heaviest sentence Of the law. is there
any criminal so utterly debased, so thoroughly
devoid of redeeming qualities, that nothing can be
urged in extenuation of his crime and no friend
will come forward to plead his cause. In most
cases the appeals for the mitigation Of sentence
are urgent and persistent. 1t Is the intent OF
our law that every accused man shall have
speedy, public and impartial trial. Justice hav-
ing thus been accorded to the criminal, justice
to society demands that he snail bear the pen
atty imposed on him. In occasional and excep-
tional instances substantial reasons are adduced
for mitigating it, The meaning of this new
amendment & not, in my opinion, that the
pardoning power shall or may be more freely exel,
cised than It has been heretofore. 1t is intended
to afford piecaution against deception, mistaken
CT undue lenity, in cases that appear to amply
justify the exercise of the power; to protect the
hardening power rather than to enlarge II. a
measure will be alluded to further on which bears
The amendmen Mt in regard to "bribery at cleo
TONS" is permissive and not mandatory in its
terms. II such q law as you are authorized by it
TO enact, should accomplish no other good, it
would at least serve to place stigma upon the
crime of making Q commodity Of the high privi-
,ege of citizenship and to denote the just resent
nent by the sovereign people Of grieyeus insult
TO their dignity.
The amendments relating 70 the election of
senators by plurality vote, to the appointment of
Judges of municipal and police courts, to taxation
and to constitutional conventions, would seem to
require no new legislation.
Ii 10 made the duty of the Chief Justice Of the
Supreme Judicial court to submit 10 you at this
session, codifcation Of the constitution as amend
ed.
Sections one, two and FIVE, OF article ten of the
existing constitution, to be omitted in printed
copies thereof hereafter prefxed to the laws of
The State; but their omission Is not TO impair the
ssiidiiy Of acts under them, and section five is to
@ main In full force Is part Of the constitution.
PUNISHMENT OF CRIME IN CAPITAL CASES.
l respectfully suggest for your consideration
he passage of q law empowering the jury to afix
either the penalty of death or of imprisonment for
life in capital cases. Such a law has been in OPP
grafton in California for two years, and Of twenty
nine convictions for murder within that period.
eighteen were attended with sentences to impris-
onment for life, and eleven with sentences 10
leath.
The predecessor of the present Executive of
that State, acl nowledges the obligations lie is I'M
der to that law for the decided relief it has af-
Forded him, and gives the opinion that it has
probably made the certainty Of punishment great
er.
CITY AND TowN DEBTS.
| would also recommend that steps be taken
looking to the limitation by law of city and town
Indebtedness and taxation. The Inconsistency Of
Uniting the power Of the State in this respect and
imposing no restriction, with one exception, upon
the liberty Of cities and towns to incur debt needs
no argument. In ordey that you may have o
basis for action, ! suggest that you cause to be
procured by the State Treasurer, or some other
officer, such information as will be of value for
the purpose. II seems desirable to obtain from
each of the cities and towns Of the State return
OF the valuation Of real and personal estate sever
ally in each, and the rate OF taxation TO valuation
for 1875 and the four years preceding; and that
"a returning the valuation for 1875, the officers
should not only give the actual valuation upon
which the tax was assessed, but also. in another
column, the lair marketable value. 1t is probable
that the returns could be secured and laid before
You in season for your acton the present session
The PRoHIBIToRY LAW.
have no official information TO present to You
with regard TO the workings Of the laws prohibit
ing the sale Of intoxicating liquors II is matter
of common knowledge that they have been very
generally enforced, especially in the cities and
lac ,ha,a H.. =