Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-09-08
From the Lewiston Journal.
Mr.. f. F. Pillsbury's Latest.

1t would have been strange had the leading
adviser and promoter of the State steal, Mr.
E. F. Pillsbury, late Of Augusta, visited
Maine without fetching along with him one
new point. And he does not. Mr.. Pillsbury's
new point, made at Lake Maranocook on
Tuesday, is As follows:
ut appears that the authorities Of the town of Jay
petitioned the Legislature for the enactment of law
authorizing that town to aid a certain proposed
manufacturing enterprise therein. The question OF
the constitutionality Of such a law having been
raised the House passed an order the I'D of Jan
uary, asking the opinion of the justices of the
Supreme Court upon questions involved in the pro-
ceedIngs asked for. The justices rendered an opin
ion declaring that the Legislature had no cOrstitu-
tiona authority to enact such law. but in the face
and eyes Of the opinion 40 rendered, proceeded to
enact the law prayed for, and Governor Perham gave
the &C, his approval on the 9Th of February"
The statements of Mr.. Pillsbury, as re.
ported by the Argus, are directly opposite to
facts and history, as will become apparent
even to the Argus, if it will examine the re-
ported and published ''Opinons of Justices
of the Supreme Court" and the journal of
the proceedings Of the House. We have taken
considerable trouble to investigate the
records, and find the facts are exactly as
follows:
The bill referred to BY Mr.. Pillsbury was
an act to authorize the town of Jay to loan
its credit to Hutchins & Lane, in accordance
with the vote of the town, for establishing a
grist mill.
The question As it was submitted to the
Court was A. follows: "Has the legislature
authority, under the Constitution, to pass
laws enabling towns by gifts of money or
loan of bonds, to assist individuals or cor
porations to establish or carry on manufac-
turing of various kinds, within or without the
limits Of said towns; and if towns thus au-
thorized may assist private parties, can they
60 further and establish manufactures en-
tirely on their own account and run them by
ordinary town officers, or otherwise?"
The answer of the court as stated by Judge
Kent, in his neat and comprehensive manner
WAS as follows "Regarding the question sub
mitted to US, substantially this-can the
legislature authorize towns by gifts of mon
ey or loans of bonds to aid purely private en-
terprises in no-wise connected with the public
use or public exigencies, We answer in the
negative"
The legislature then undertook to enact a
Law that should not be in conflict with the
opinion Of the Court, and took pains to
insert in the act these words, Whereas
upon due investigation and consideration,
We deem it for the benefit of the town
of Jay and the people of this Slate
in order to show the act was not exclusively
q pirate benefit, but benefit to the whole
people Of the State, and thus conform to the
opinion Of the court. They did not inten-
tionally act in defiance, Of, or "spurn the
opinion of the Court a. Gov. Plaisted has
done. They intended to conform to it and
thought they had, BY enacting that the enter
prise was public one. The then Governor
took the same view. Mr.. Pillsbury's mem
ory 10 - fatally defective as the ssreturns'
over which he lowered in that stormy winter
of 70 and go.