Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-01-03

phtu-. iuc oO'CIuOl anu us hlNCuhNuts tucu
withdrew.
In SENATE.
On motion of Mr.. BAILEY, Messrs. Bailey Of
Cumberland, Martin OF Knox, aud Bartlett of
Somerset, were appointed a committee to receive,
sort and count the votes for President of the Sen
ate.
The committee having attended to their duty,
reported as follows
Whole number of votes, %
Necessary for choice, Is
Warren II. Ninton had %
William G. Davis, 3
The report was accepted, and Hon. Warren II
Nnton Of Cumberland, was declared duly elected
President of the Senate for the current political
year.
Mr.. Ninton was conducted to the chair by Mes
srs. Davis of Cumberland, and Nash of Washing
ton, and thereupon addressed the Senate as fol-
lows:
.Sendt0rs:-I recognize al once, in the place
which your paitiality assigns me, one of honor,
one ofresponsibllity, one of labor. For the honor
thereby conferred thank you. The Responsible
" dare not assume, the labor dare not under
lake, only as feel assured Of that kindly coop
Grafton on your part, and on the part OF each of
you, of which the unanimiiy with which you cali
me, would seem to be at once token and a
pledge.
Standing as now do around this senatorial
board about to enter upon the discharge of our
important duties, 1t may not be amiss to spend a
DOmcuL III ing WIN accuracy tue place we
occupy. II lss question none too often asked
How comes it that the legislature IS double WHY
is il that before any bill can become law, can be
in a condition even to ask the executive approval,
it must pass with all due folmality one body, and
then 20 to. and pass with like formalitv, another
body Why is this. "Why would not one suf-
fee 7" Where is the wisdom of two The wis
dom of this arrangement is found ia its history,
which is this
The first great right wrcnched from kingly pre-
rogstive was the right to be represented at all,
This representation made the legislature one body.
The king, as further concession called around
him body of men, as councillors, with whom he
advised, aud who, in IA supposed to ad-
wise him. But it was soon found that this body of
men thus called by the king, were in the interest
OF the king, and did the bidding of the king As
result, the people came to demand some voice in
the selection of this body, and so in time, il in
some form, became elective and hence another
legislative body, the higher branch called in DIFF
ierent countries by various names-in the United
States, and 10 each and all of the several States
the Senate Now it will be at once perceived that
the Senate, standing thus midway between the
immediate representatives. OF the people on the one
hand, and the executive on the other, is from its
very character and situation-to use a word very
excellent in itself, though much abused in our
time-the conservative body. SO that, should the
immediate representatives of the people, in any
unguarded moment attempt any rash, excited or
imprudent action, it may be checked and correct
ed here. On the other hand, should the Executive
attempt any encroachment upon the rights of the
people, it may be held and corrected here.
While the two branches of the Legislature are
thus separate, and each wholly independent In its
action, still they msst act in harmony, or they
cannot act at all. | have, myself, known some
word let fall IN the excitement Of debate, against
some word or deed of the other branch, to be
construed into an act of hostility, and so embitter
the whole session, and seriously impair its
efficiency. disturb and mar its action. No rule of
parliamentary law is, or can be better settled than
this: That no word or deed is in order, which
in any manner reflects upon any word or deed Of
the other branch. | need not say, standing in the
presence OF Senators of large experience, and
much proficiency in parliamentary law, that no &C.
casion will arise here for the application of this
rule.
The legislature thus constituted, and thus ac-
ting takes its place, under the constitution, as
CO ordinate branch of the State government.
And here again, on broader scale, with its cog
mates there must be harmony Of action, each de-
partment, to be sure, acting independently, but
should there be any eDcroachment by one upon
the other the State is thereby sure to suffer los.
and 1t is only when the legislature acts within its
constitutional sphere, and the judiciary within its
sphere, and the executive within its sphere, that
the laws are wisely enacted fairly interpreted and
well and properly executed.
The character of a people, the wisdom of peo-
Pile, the progress OF people, the liberties of .
people, all are found in the laws which they enact.
Let II, therefore, be our aim during the present
session, to enact such laws as shall make conspic-
uous, and render iusttious these traits of the
people represented by us.
On motion of Mr.. TOLMAN, Messrs Tolman of
Cumberland, Boardman Of Waldo and Cobb of
Androscoggin, we're appointed to receive, sort
and count votes for Secretary of the Senate.
Having attended to that duty, the committee
reported IS follows
Whole number of votes 26
Necessary for choice, IA
Samuel w. Lane has 90
The report was accepted and Samuel W. Lane
was declared elected Secretary Of the Senate for
the current political year.
MIR. Lane slgnihed his acceptance of the Office,
aud on motion of Mr.. PHILLIPS, Messrs. Phillips
OF Penobscot and Nash of Washington accompa.
MED the Secretary elect to the Council Chamber
for the purpose of taking and subscribing the
necessary oaths to qualify him 10 enter upon the
discharge of his official duties.
On motion of Mr.. BRAGDoN, Messrs Brag-
don of Hancock, Martin OF Knox and Morrison
of Franklin, were appointed to receive sort and
count the votes for Assistant Secretary of the
Senate
Having attended to that duty, the committee
reported as follows:
Whole number of votes 26
Necessary for choice II
Charles w. Tiden has 26
The report was accepted and Charles w. Til
den Of Castine, was declared duly elected Assist
ant Secretary of the Senate.
On motion of Mr.. FURGUsoN, Messrs. Furgu.
gon of York, Drake of Penobscot, and Sumner
of Washington, were appointed a committee to
receive, sort and count the votes for Messenger
Of the Senate.
Having attended to that duty, the committee
reported follows
Whole number of votes, %
Necessary for choice, IA
Benz. F. Stevens has 20
The report was accepted and Benz. F. Stevens
of Dixmont, was declared duly elected Messen-
ger of the Senate.
On motion of Mr.. NEALLEY of Penobscot, that
Senator was charged with the duty of conducting
William Rogers, Senator elect from Sagadahoc,
to the Council Chamber, to take and subscribe the
necessary oaths.
Mr.. Nesley subsequently reported that he had
attended to the duty with which he was charged.
On motion Of Mr.. NASH, Messrs. Nash OF WASH
ington, woodward Of Lincoln, and Hassen Of