Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-02-10

perrv Wien he made the motion he
.La,,.h, :, on,v necessary to Indicate some
reasons which existed in his mind for MOI
having il .prin- ed. simply to justify the mo
,ion TO recor 81 her. without going into o
CUSTOM Afterwards attention was 80
called 70 il thu. he fek called upon 10 Assn"
some reasor.. as he then did. lie tnousn'
il COURTESY TO have the matter iaiu '"
rho table until the M VT of the or
A., sbould be present. But he now under
stood il 10 be uncertain when that gentleman
xoula return. and for this reason ne no"
called IL mn. His motion to reconsider nau
/ been without a thought of partisan>hlp. ne
believed if members would look at the mattei
carefully they W i'll come To the eonciuSl"h '"''
the decision of Judge Virgin did not properly
belong with the opinions ofthe full court u.
oniniops of the full court are TO nave Tue
/ force of law and the proposition was 10 pfin'
them for their intrinsic value Inns he W."
! derstood to be the only consideration Inc
opinion of JUICE Virgin l. upon another SUI
iect entirely, and has not the force OF law. ato
will not appear among our laws lie wou.u
be clad 10 see the opinion of Judge virgin
nr;nted and scattered broadcast over the state
but he did not think it properly belonged Win
the opinions of the full court.
Mr.. GrsHEE of Appleton. thought IN aeier-
ence to the mover of the order. the question,
should not be acted utDn until his return IL
was not a matter where haste Is necessary
For one he hoped the opinion OF Judge
Virgin woull be printed in connection with
the opinions of the full court. without paslh"
his desire on PARTISAN grounds. Hecouid see
70 reason why they should not be printeu TO-
z ther.
Mr.. BUTLER said he had no desire to press
the matter; but the printers had great doa'
4 dos rod
nose of this matter which interrupted their
work As far as he was concerned lie would
be willing to wait any length of time. lie
only stated the desire of the printers.
Mr.. HILLS of Union. said he had heard but
one reason assigned why the decision should
not be printed with the others, and that was
that part have the force of law and par'
have not If he understood the matter arigh'
an opinion of the Supreme Court, to have the
force of law. must have been properly before
that tribunal 1t seemed that the matter call
ing out the decision of Judge Virgin was prop
erlv before the court. The legislature has
the power to present matters to the court Tor
determination. The second and third opln-
. ions originated before what has been denom-
mated legislatures" If the second opinion
was from legislature the third opinion was
not consequently it would be of no binding
force. If the third opinion was from the
, legislature the second was not. and would he
of no binding force. Therefore it seemed
! to him that one of those opinions has not the
: force of law and it should not be printed.
Mr. BUTLER could not decide the question
as lawyer but had the opinion of able
counsel that opinions of the full court. no
matter from what source the applications
! came, have the force of law.
On motion of Mr.. Hills of Union, the
yeas and NAYS were taken. resulting in the
affirmative as follows:
YEAs-Messrs Abbott Andrews Baker of Steu-
ben. Boody. Bradstreet. Brsgdon. Brooks Bnrnham.
Butler. Clay. Cole Of Cape Elizabeth Cole Of Smith
; field, Cook, Crane, Cutler. Davis. Dinsmore Dun
nell. EmmOns Fennev. French Getcheil. Gilman,
Gof. Go>s of Auburn. Gouldiag, Gray. Tale. Hsrri
man of Readfeld, Hatch. Heal, Hill of Exeter, Hi
. ton of Embden, Jewett of Richmond. .Iew-tt of
Sangervs, Jordan. Leach, Loring. Marble, Mason.
Maxcy. Mckusick. Nickerson. Norton. rarcher.
Parker, Porter. Richards. Robbins. Holfe, Roweil.
smonton Springer OF Litchfield Springer of Var
. mouth. Steward, stratton. strout, Thomas Of Dur
ham. Thomas of harrington, Toothaker. True.
Twitchell. WATSON, Wilson of Albion, Wilson Of
Columbia Falls, Wyman, Young-67.
NAYS-Messrs Baker of Orrngton, Benner, Bridg-
ham of Falmouth. Brigham of No. a Pl Chad
bourne. Chesey. Durhan. Farrell Frederic. Glidden.
Gushee. Hartman of kei.nebunkport, Haskell.
Hastings Heard Hill of Rowland. Hills, Hilton Of
st. Albshs. Horn, Howard of Montvile, Howard of
Westfed, Knowles. Lewis. Long Mclaughlin. Mil
ken. Nash. Oliver. Partridge. PAYNE Pendlcton, Per
klns Record. Robinson of Oldtown Eonndy. Smith
of Buxton, smith of Nmllhayen. STANLEY. Staples,
Swan, Temple, Waldron. WaShburn. Wentworth of
Of South Berwick, Wilson of Orono Iunucwell-
So the House voted to reconsider.
The order was then indefinitely postponed
on motion of Mr.. Cook of Lewiston. by vote
of 81 to 80.
Mr.. HATCH of Bangor then presented the
following:
Ordered, That 200o copies of Judge vir.
gins opinion in the of Smith VS.. Cove
Secretary of State be printed for the use of
the House.
The order was laid on the table on motion
of Mr.. GUSHrE of Appleton.
Resolve relating to State valuation came
from the Senate amended. The House
adopted the amendment and passed the re-
solve to be engrossed.
On motion of Mr.. HILLS of Union
Adjourned.
READ AND ASSIGNED.
An act to amend ian act entitled an act to
amend an act for supplying the city OF Ban
gor with water approved Feb. -. 1873,
approved Feb. II, 1916; an act to amend an
act to incorporate the Portland Turnverein
PASSED TO RE ESGRossEp.
An act preventive destruction of smelts and
cells in Salt pond creek in the towns of Blue
hill. Sedgwick and Brooklin: an act to co,npel
lNeiitiH oHittis "ilD>e ttTiflS nave expired to
deliver money and other property to their
successors: an act to authorize the inlabi-
tants of Caribou to build and maintain piers
and booms for the protection of the bridge
over the Aroostook river in said town: an
act additional to the act of 1868 chap. 453 TO
establish ferry across the Penobscot river.
between Ayers Falls and Marsh Rips: an act
to regulate the taking of fish in Dexter pond.
PASSED To BE ENGRossEp
An act to amend sec. Q chap. 30 of the
revised statutes relating to DAYS of grace.
an act to amend the law relating to State
valuation.
FINALLY PASSED
Resolve in favor of Mr.. .Jouy ANDERSON
of Island Falls
PETITIONS. BILLS, &C. PRESENTED AND RI
Nv Mr.. HALL OF Adjudication of Geo a. Io-5
and ITO Others relating to taking rorges; of John
X Bean and Rs others in relation to same referred
to the Committee Fisheries.
BY Mr.. MckUsICK of Caiais-Pettion of Geo A
Curran. VIM. Duran and 100 others Of CaIais for re
neal OF the porgic law referred to the Committee ON
I Fisheries '' v"
By Mr.. JEwETr Of decentralization of Fos,e-
d. Spanding Of Richmond for authority 10 build and
maintain booms in Parin's Stream and TO jncnrnora.c
tina Parn Pond Dam Co.; referred to the Commitfee
on Interior Waters.