Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-03-03

act which stiles the will Of the people As ex,
dressed at the ballot box, must be condemne1
hy every fair-minded man. Otherwise Oh
certificates could be issued to 81 persons;
Who could come here and be declared iegaA
senate of Maine Does any one In his sens.
es believe law like that is constitutional
The questions in substance had been before
the Supreme Court of New Hampshire, TWO
Years since. and a decision rendered similar
10 that of our own court. There is no ap-
peal from the decision Of the Supreme Court
of Maine, and how absurd TO keep IL"
upon the statute books that has been pro-
nounced bv that court UNCONSTITUTIONAL Lei
us act as Senators. and As men. not as chill
dren.
Mr.. PArrEx said he had no particular de-
fence to make of the Governor; he was not
the Governor of his choice. But he saw
grave objections TO the repeal of the law, a.
il affected the organization of the legislature
He would acknowledge that the decision OF
the Supreme Court was binding. He had,
however. very carefully examined various de-
cisions. and had not found one that favored
the present decision. lie conld conceive OF
cases where the Governor and Council could
issue an erroneous certificate, and still be IN
noce ut, and think they were right. But for
the legislature to come together without GER
tificates, seemed to him preposterous; and ne
did not see how such body could be pre-
pared to Judge Of the membership OF the Sen
ate or House until they have an organization.
How can we ascertain who are members I'M
less we do this? He claimed to be an honest
man. and was ready and willing to grant to
every man his seat, if he was entitled to II.
We could not ascertain who are members I'M
less we have a system of certifcating. On
the meeting of the legislature. he was not
sure but it would have been the wiser course
to pursue to resolve the body into commit
tee of the whole and hear the claims of those
claiming seats. He believed that the recent
decision of the court would not stand lsng in
the country. and that after looking the ground
carefully over, they will reverse 1t. He was not
in favor of striking out this law. He did not
see how a man could be duly elected unless
he has something to show for it.
Mr. LOCKE said he had no apprehension OF
trouble in regard to certifcating. No one
would have the presumption to appear and
take their seats if they were not chosen. He
could not think that such thing could take
place. were no certificates issued. Several
had come here this year because they had the
certificates of the Governor, and thought il
their duty to appear. 1t does not open the
crack of door into which you may put your
finger that it may be jammed. 1t would be
better had the matter of certifcatlng been
kept in the hands of the Selectmen of towns
He asked that the law be repealed. The PEG.
pie will'maintain their rights, and those who
are in the minority of even one, must yield
Mr.. ELLIS was satisfied, from the turn the
debate had taken that there were some
men whose rights others were not bound te
respect. He had the opinion that confusion
would ensue were certificating abolished. and
any man can come up here and take seat
He asked the pardon of the Senate for presum
ing to obtrude upon them any of his views
Mr.. BARRETT claimed that the law which
it is proposed to repeal is similar to that
which is applied in Congress. He did not see
how we could pr oceed to organize legisla-
ture without the law. We should have some
rule on which to base our actions. He con
sidered that these were simply the opinion!
of the court, and not decisions. He consid
cred that there is a wide difference between
the two.
Mr.. BRADFORD remarked that it was well
this battle had been fought out in Maine,
where the people were able to stand the strain
The peaceful solution of the question could
not have been accomplished in any other
State.
Mr.. LINN spoke in vindication of his course.
He did not know W hen he came here whether he
was elected or not; he had simply Obeyed the
summons. We had the right after coming
here. to take the letter and the spirit Of the
law, and he had declared himself ready to
vote to seat every man that was elected, and
throw all technicalities aside. He came here
with the most honest intentions.
Mr.. STRICKLAND defended himself against
implied censure. He had been placed on the
committee on Senatorial votes, and after one
or two preliminary meetings awaited the de-
cision of the matter, taking no steps that
were not in accordance with the law. In re-
gard to his own case he had not taken pains
to examine the records, but assuming that
the action of the Governor and Council was
correct, he had come here and taken his seat
No harm can come of what we did if we
were not legal Senate.
The bill was then passed to be engrossed
Bill an act concerning the rights of parties
to hold public offices, passed to be engrossed
in the Senate, came from the House amended
and passed. The Senate adopted the amend
ments, and again passed the bill to be en-
crossed.
READ AND ASSIGNED.
An act to provide in part for the expen d.
lures OF the government.
PASSED TO BE ExGRossEp.
Resolve to defray the expenses of the COM
mittee to investigate election returns; resolve
to defrav the expenses of the bribery commit
tee; an act granting permission to S. T..
Bryant, Anthony Luques. J. A. Wheeler and
others. to locate and construct railroad from
kennebunk to kennebunkport in York coun-
ty. upon certain conditions; an act to incor-
porate the Dudley Brook Dam Co. an act to
authorize the Knox & Lincoln Railroad Co
to change its location; resolve providing for
fisnway over kennebec dam: an act to
amend section l6, chapter IS of the revised
statutes, relating to corporations: an
act TO prevent the taking of land locked
salmon in certain lakes in Aroostook county :;
an act to repeal chap. 80 of the private laws
of 1870, 332 of 1879. and 800 of 1875. relating
to taking fish in Webb's pond and tributaries in
Weld; an act to incorporate the town Of
Marleton; an act to repeal sec. %, chap. 2 of
the revised statutes relating to certificates of
members of legislature; act concerning the
rights of parties to hold public offices.
On motion of Mr.. CooMBs,
Adjourned.
MArSC