Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-03-19


The early basis of representation conte M
,,,a,ed hv the constitution in this ''enumera-
fion''of the inhabitants of the State was
..eyeiusire of foreigners not naturalized and
Indians not taxed"
TIN. apportionment provided for in the re-
solve Of the number Of representatives,
To the several counties Is not paseo
upon the inhabitants thereof e1-
eimsire Of foreigners not nafufai-
lied and indians not taxed. but inclusive OF
both classes. In this respect. therefore. the
reeolre az il seems to me, after such rehec-
tion as I have been able to give to it. is not
in accordance with the fundamental law. .,
In the division of the State into Senatorial
districts the constitution provides that. "the
districts shall conform as near as may De 10
county lines and be apportioned according 70
the number Of inhabitants.
Ii is within the discretion Of the legislature
therefore, to disregard county lines and 1t Is
its duty so to do when an adherence 20
county lines would Gef-at this primary OBJ
iect Of the constitution. viz that sthe districts
shall be apportioned according to
the number of inhabitants conformation of
the districts s'as near As may be to county
lines" is a secondary object.
In the resolve before me the Senatorial dis
tricts are not fairly ''appOrtioned according
to the number of inhabitants, but arbltrari-
". according to county lines. For instance.
Piscataauis county with 1858 inhabitants
is entitled TO elect one Senator, while Waldo
with over 52. 900. is entitled to elect but one ;
and so of Somerset with over $1,000 inhabi-
tants, while Oxford county with only 100
more inhabitants than Waldo. is entitled by
the resolve to elect two Senators. Again,
Somerset and Waldo. with an aggregate
population of "a ,s07. are given but two SEN
ators, while Kennebec with only 53,06i is
given three Senators.
In the apportionment of representatives to
cities the cities are given larger represen-
tation than, as it seems 10 me, they are en-
titled to under the plain provisions of the
constitution at the expense of the towns. In
some instances the apportionment seems en-
tirely arbitrary. Saco. with a population OF
6.396. for instance, is given two representa-
tives, while Biddeford with 1862 is accord
ed the same number.
The classification of towns is equally ar
bltrarv, unfair, unjust and, as it seems to
me, unduly partisan.
recommend that the existing apportion-
ment and classification be by resolve extend
ed until January |, 1888. and that provision
be made for ascertaining in the mean time
the number approximately Of foreigners not
naturalized and Indians not taxed"
Therefore, Withholding my approval Of the
resolves, | return the same to the House in
which they originated with my objections.
HARRIS N. PLAIsTED.
On motion of Mr.. EMERY the message and
resolves were laid on the table. and the Sen
ate took a recess until O'Clock.
PASSED TO BE ESACTED.
An act to provide in part for the expendi.
lures of government; an act to provide fol
the salaries of the Judge and Register of Pro-
bate of the county of York; an act to repeal
sec. IS of chap. 224 of the public laws OF
1874, relating to the inspection aud sale OF
agricultural productions.
FINALLY PASSED.
Resolve in favor Of the Secretary of the
Senate for the payment Of bills for advertising
and Newspapers for Legislature, Council.
Valuation Commission, and Departments
resolve on the pay roll of the House resolve
on the pay roll of the Senate resolve in favor
of the joint standing committee on apportion
ment of Representatives and Senators.
EVENING SESSION.
On motion. of Mr.. EMERY the Senate took
a recess until 3 o'clock.
On motion of Mr.. EMERY the message of the
the Governor with the accompanying resolve.
were referred to a select committee of three
and Messrs. Emery, Mortland, and Bsbet
were appointed as that committee.
On motion Of the same Senator the Senate
took recess until 10 o'clock.
At ll.45 p. NJ. the committee presented
the following report:
REPORT.
The. special committee of the Senate
to which was referred the apporton
ment Resolves, and the message of the
Governor, stating his objections there
to, have had the same under consideration
and ask leave to report as follows:
The first objection stated by the Governor
is, that there has been no proper ascertain
ment of the inhabitants of the State as basi,
of apportionment under the constitution. A,
this objection, if well founded, is fundamen
tai, and would apply with equal force to an,
apportionment that might be made at thi.
session, the other objections do not require
consideration at this time.
Your committee believe that the taking O.
a State census would involve an expense tina
would he unwarranted, even if it were per
missible under any construction of the con
stitution.
The constitution does not require that Stat,
census should be taken. 1t provides that thu
legislature ''shall cause the number to b.
aseertained," but does not state the mode
The legislature may do it in any manner
that satisfies itself. The first apportionmen
under the constitution in 1921, was made
upon basis of numbers ascertained from thu
United States census. This construction Of
that constitutional provision, by the frs,
legislature elected under it. and composed
partly of members of the convention tina
framed the constitution, would seem to be
safe precedent. Among the members o.
that Legislature were Nicholas Emery, Peles
Sprague, Joseph Howard and other distin
guished citizens Of the new State. Ever,
apportionment under the constitution ha,
been upon the basis Of numbers ascertainet
in the same sway. Each legislature
making such apportionment has hat
among its members distinguished
lawyers of both political parties. This con
temporaneous and repeated construction Of
this constitutional provision, has become toe
well fixed to beDV questioned. The legis
lature has always and properly determined
that the census BY the United States officer,
Of the inhabitants of this State. is the best as
certainment of their number, and an adop
ton thereof a sufficient compliance with the
constitution.
If the Governors first objection is well
founded, then no constitutional apportion.
ment has ever been made by any legislature
of Maine.
This Legislature has in its own way caused
the number of the inhabitants of the State &c