Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-01-13

0 " power that can do that The latter part of
tx resolve vas not submitted to the people and
no one will assert thar it Was 1t reads ITO
give ia their votes on the foregoing resolve,
and the question shall, be s.shall the Consfi.n-
ton be amended so rs to provide fur the cleo
ton Of the governor by , plurality. instead
Of msjori:v Not to vote upon
the resolve bat upon the snbstl'u-
ton Of the word plurality for majority
Examine the Resolve providing for an
amendment of the Constitution. changing the
term of Office of Senators and Representa-
tives. and ven viii see marked difference
in the wording. between that and the one uTi-
der consideration. That was formed to rene
DIV . mistake made by the Legislature the
previous year and was perfectly worded. In
the one case the resolve was submitted TO
the people. in the ether they were not permit
ted 10 vote on the resolve, but simply
upon the amendment. and as the whole
resolve was not submitted to the peo-
pie, if thew made charge it did not
apply To 81 and 81. That question was
not asked the people to answer and no one
has the right to claim thar they knew 1t. IL
was a mistake of the Judiciary Commute that
this was not submitted 10 the people. Ii was
a bIunder, and if blupder, then the con
stitution provides remedy and let US
go forward and eiec: our Governor As
therein provided Ii we differ with
the majority i'm regard TO this matter Is
that not a question t. submit 10 the court:
Can anv harm come of il? Are we afraid of
the court? No! for one am proud of the
court and every decision. Ineyer was afraid
of my own rights nor those of my clients
when they rested upon the decision of the
court knew justice would be done.
We must be governed by precedents in this,
precedents founded on decisions of the
Court in this and other States. and they de-
clare that no amendment can have retroactive
effect unless it be distinctly and clearly ex-
pressed Icife Hastings VS.. Lane, Is Me. /;
also 26 Md. and 2s Nd TO support this.
There is another question Ii W i'll be argued.
that a majority voted for this amendment
and that the will of the people has been ex-
pressed. Let us see, $4,000 voted at the
election. How many voted for the amendment!
81 900. about one third. Is this an indica-
ton of the will of the people? The Court of
Indiana recently decided that il required Il
majority of all the votes cast to adopt an
amendment to the constitution. Nv dem
ocratic friends cannot claim that this was a
polite Il decision, as they claimed the de-
cision of our Maine court was last year. | say
the court is above political decisions, and we
have a right to cite them as authority.
! In conclusion, let me we ask nothing
but what We deem fair, consistent and hon.
orable. We desire you to sacrifice no politi-
cal opinion. only that You lay aside political
expediency and submit this important question
of law and constitution to the proper tribunal.
Mr.. BERRY said: 1t may be expected that
as chairman of this committee, l
should say something in regard to
this question. But the questions involved
are chiefly those of law, and these I
shall leave with the lawyers. l am one of
the plain people aud although have decided
convictions on the subject will not consume
the time in stating them This I do, say
The resolve was passed by the legislature OF
so. and until declared unconstitutional is
as binding upon us as anv law conld be-. /
do not consider this a sufficiently solemn oc-
casion to call on the Supreme Court.
Mr.. WALKER said: Did not wish to con-
sumo much time of the Senate. The ques-
tons of law and fact involved he had been
enforced TO give some attention to as chair
man of the subcommittee. Whether on law
or fact the Committee had acted in a spirit of
fairness and candor. The minority had not
attacked the substancc-merclv the form of
the report of the majority, and it was not the
spirit Of the Committee that form should over
ride substance, and he trusted the same gen.
eral spirit that had governed the Committee
thus far would continue. Nothing could be
palmer than the language of the resolve
that plurality of votes should elect. The
committee had found that Harris NJ Plaisted
had plurality. what is our duty but to de-
clare him elected. All law has the presump-
ton that it is constitutional. The people
knew the Importance of the measure upon
which they were voting and the relation to
their vOtes-a great motive for us to regard
this law as binding. 1t is an enjoyable position
for us to stand on high plane and to reject
all technicalites. This opposition was born
of defeat. Let us move forward in the spirit
of fairness.
Mr.. DUDLEY would leave the Constitutions
al discussion to LAWYERS He had heard emf
nent lawyers give their opinions in favor of
the constitutionalitv of the amendment. and
referred to a letter from Henry w. Paine,
written in the same spirit.
Mr.. BIsREE took exceptions with the gen.
tieman from Knox on the fact that the people
did not know on what they were voting.
When it was passed last winter it was
thoroughly promulgated by the press. and it
was one of the issues in the campaign, for
the opposition knew that under it. unless
they fused they would be defeated
Besides. it was posted up in every polling
place in the State. | submit that we did
know for wha: we were voting, and further,
from the time the proclamation was made by
the Governor to the present, it has been part
of the constitution.
MR. EMERY for two reasons wished to
speak on this question; the first. because it
had been generally reported that the Eastern
and Northern sections of the State favored
referring the matter to the court; secondly,
the able argument of the gentleman from
Knox warranted repls. Was the amend
ment part Of the constitution? Parlia-
ment in English law is supreme; here the
will of the people is supreme. They can
amend. or abolish the government except as
far as it would be in contradiction to the con
stitntion of the United States.
The legislature agree on the language.
All the people can do is to say yes or no on
that language. II any part of the resolve was
adopted the whole was adopted 1t is a rule
of common law when no time is mentioned
for statute to take effect, ii goes into force
when approved BY the Governor. In the case
of this resolve there were three acts neces-
sary. viz: agreement of language. vote BY the
people and declaration by the governor The
last act in this drama was when the procla-
nation was made. He then cited from men,
DRY, decision of the court of Florida bearing
unnn the subiprt Ha cootd borJlx c,roo