Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-05-06
No EXTRA SESSION.
Gov. Piaisted gives His Reasons for Re.
fusIng to Call II.
PORTLAND, Nav :.

The Advertiser will publish, this afternoon,
letter from Gov. Plaisted to Hon. J. H.
Drummond. giving reasons for not calling an
extra session Of the legislature.
He says he has carefully considered the
matter, and he thinks the apportionment Of
1877 has not expired by limitation; that the
legislature even has not power to repeal the
apportionment until a new one is made, be-
cause they would thereby take away the right
Of suffrage which is inalienable. He cites
several decisions of the Supreme Court to
sustain his views. The apportionment Of 1871
is in force for the purpose Of filing vacancies
in the present legislature ;otherwise, districts,
whose representatives have resigned-Calais
for instance-must be without representation
in the event of an extra session; and then, if
''by death. resignation OF otherwise" the
House should he deprived of quorum,
would not the State be in the limbos? No
legal apportionment to fill vacancies in the
legislature and no legal legislature to make
an apportionmentr And would not this be
the precise situation if at a called session,
the governor and legislature failed to agree
upon an apportionment bill?
To my mind, the conclusion is irresistible,
that the apportonment of 1871 still stands
and continues in full force until another one
is made, otherwise it might be in the power
Of one man, or either branch of the legisla-
ture, ''to anihilate the constitution and dis
solve the government
He says the constitution provides for the
enumeration and apportionment, and does
not directly require apportionment at stated
years, but at periods of making enumeration.
No such enumeration has been made or pro-
vided for
This enumeration must be made exclusive
of foreigners not naturalized, and Indians
not taxed, and he cannot see how the State
can have a constitutional apportionment while
disregarding so plain a provision. 1t is no
answer that it has been disregarded in the
past.
Until recently the foreign population was
not large enough to affect the basis of rep
resentation, but now is. A census is not re-
quirei for this purpose, but simple ascer-
tanning, at trihing expense, of the number Of
the excluded class. He is satisfied that the
people do not require exclusions on the
ground of expediency, and thinks the people
will suffer no Inconvenience by voting once
more in old familiar districts. In the city OF
Lewiston alone the number of foreigners, not
naturalized, is estimated at seven thousand
At the end of another decade the number in
the State will, doubtless, be counted by tens
of thousands.
1t would be agreeable to elect congressman
in districts rather than on general ticket,
but this Is not important enough to warrant
the expense. But the most important con-
sideraton is that the people have Just decid-
ed in favor of biennial sessions. and the de-
cision should be respected by the executive.
Those interested in the annual sessions
would raise the cry that biennial sessions
had proved a failure and would most likely
the detea, the reform without a fair trial.
He admits the gravity of the danger, points
out il towns should elect representatives not
according to the old apportionment, and they
Sututu Clttu sttts, uut tut uONtTHuT anu
Council, would summon those who appeared
elected, according to the last apportionment,
still they might insist on the right to seats
and such issue might end in anarchy, but this
is not due to want of apportionment, but to
the precious view which makes man judge
in his own case and invites double legis-
lature
No new apportionment can exempt from
that danger. Truly the executive might
gainsay such 4 right, but then he would be
denounced by one side as a usurper, and if
treated as such, force would be required to
settle the issue. unless the executive should
think best not to allow the government to be
Mexicanized.
From such danger no apportionment can
protect, and the only remedy he sees is the
re-enactment of the repealed statute of 1869
or the reputation doctrine that . member
without summons who appears to claim .
seat is pyIma faeie entitled to equal consid-
Grafton with member who has a summons.
In other words that a man can judge his own
case even il the decision involves the peace
of the State.
Investigation ofthe Cause Of the Burning
OF the Highland House.
BrDpEFoRD. May 5.
The sherifrs jury, which was summoned
to investigate the cause of the burning of
the Highland House, At Biddeford Pool, on
the 18th of March, will report that there was
no evidence that combustible materials had
been placed in the house, and so far a. could
be ascertained, no person had been in the
building for a week previous to the fire; and
that the Gre was set BY parties unknown.
Two Sudden Deaths.
PHILLrrs, May 5.
Samuel witham, Of Weld, aged s2 years,
dropped ndead from his chair, and Peter
Reads, Of Temple, aged 81 ysars. Dropped
- = Ne Asld Thursday.