Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-01-17

but until that was done he intended to stan,
by his proposition.
MIR Hall of Rockland said if it were not fo
the we'll known care and conscientiousne,
with which the gentleman from East Machis
| Mr.. Talbot was in the habit of putting hi
views before the House, members Nigh
think he was not entirely sincere in the prop
ositioas he had made. The constitution pro
vides that the legislature shall ascertain IN,
number of inhabitants of the State before
proceeding to an apportionment of its repre-
sentatives.
Mr.. Talbot: Shall cause to be ascertained
Mr.. Hall: Shall cause to be ascertained il
its own wav. The legislature is a court q
last resort, and its decision in the matter wa.
final and conclusive. ANY way in which the,
shall arrlve II that decision wa.
lawful. and there was No power
in the world To 20 behind it. And it was lefi
tor his Exeei!vncv, Gov. Piaisted, on the last
| hour OF the session of the last House, Il
| throw in an obstruction To prevent an appof-
tionment Of the representatives of the State
| hv raising this great constitutional difficulty
| Had he ever before. either on the stump or in
any OF his messages to the legislature, raised
| this question: Had the gentleman fr,m Ea Il
| Machias, in the fourteen sessions in which he
had served in the ilonse. ever raised it be-
ioIt. III iS-V. NIcli tie Stdtt WIS ltltufu.
| this question of determining the population
of the State before an apportionment, was
discussed. and reference was made Ia
the census of the United States AS =
means of determining the population.
Six successive decades had passed. and all
parties had follow ed in the footsteps of the
trainers of the Constitution. basing the num-
Der of inhabitants of the State upon the cen
| sus as ascertained by the United States. This
was amply sufficient To comply with the re-
uuirements of the Constitution. He criticised
the provisions of the bill and said
if it passed it would he absolutely
impractlcahle to make an apportionment this
session and have an, degree of accuracy in
the enume ration. He also claimed that the
expense would not be short of $50, 900. The
plumber of Indians not taxed could be ascer.
tanned from reports of the agents of the In
dian tribes. He believed the number in the
State 6l5 In regard To foreigners
that during the last decade the
increase in the foreign element had
been but one and one-ha'f f per cent of the pop
ulaton through the whole ten years. 1t was
well known that as fast as this population be
came old enough to vote and had been in this
country sufficient length of time, the exi-
gencies of parties required that they should
be naturalized and if the facts could be as.
certained it would be found that there was
iE the State but a small per centage of aliens
If it should be considered by the House
necessary. the committee having charge of
the matter could send postal cards to the
assessors for a return OF the number OF aliens
in their towns. This was the only unknown
factor, and when this was ascertained the
number of inhabitants would be known as
Al, IL h., IL Il.
He did not think that even this was necessary
under the precedents OF the last sixty years
Mr.. Talbot: Does the gentleman propose
that as a solution of the difficulty, and will
he stand bv il?
Mr. Hall: propose that as much better
solution than the gentlemsn's bill.
Mr.. Talbot: The gentleman admits that
the constitution forbids foreigners not natu-
rallied from being counted. thank hun
for it. Mr.. Talbot explained as a
personal matter, that he had never been a
member when an apportonment of represen-
tatives had been made. He cared not for
captious objections to the bill. If any other
way could be pointed out by which he could
obey the constitution he was ready to accept
it. The answer to this requirement OF the law
was that il never had been done. Precedents
were dangerous lights and liable to be over
there was 81 ar rule of law and an open
way pointed out FIR arriving at a decision
Where tn re was doubt then precedent might
he invoked to justify an act. No lawyer or
man of sense ever thought of citing prcce-
dent as iu titication for an open violation of
law much more for a violation of the con-
stitution. If the precedent was followed in
this case the course would be to take the cen
sus of the United States, taken more than
two years ago How could the number of
foreigners. not naiuralized, be determined
from that? The information could not be so
ascertained. Mr.. Talbot continued at some
length and cited figures to show that the con-
stitution had been violated in the apportion-
ment of representatives, large towns and
cities obtaining larger representation than
entitled to at the expense of the smaller
places.
Mr.. Hall replied:
Mr.. Rogers Of Bath opposed the passage
of the bill. He was surprised at the intro
duction of the hill by the gentleman from
East Machia., Mr.. Talbot for that gentle
man had been "A member of the House of
1881, and, knowing tins very subject must be
taken up, and realizing its importance. had.
on the 4th of March 81. asked to be excused
from further attendance, and his request was
granted on that day. But he waited in this
vicinity week before he left town.
Mr.. Talbot explained that he asked to be ex-
cused before other gentlemen got ahead of
him, and did not intend to leave Immediately.
Mr.. Rogers was surprised that the gentle
man went home instead of waiting to see the
fate of the matter. He believed the bill un-
der consideration was calculated to obstruct
an apportionment for two additional years
and was opposed to its passage.
On motion of Mr.. Talbot, the yeas and
uavs were ordered and taken on the passage
Of the bill. resulting in the negative, as fol-
lows:
YEA-Brggs, Bucklin, Chandler, Copeland. Cyr,
Dinsmore, Donovan, Fox. Haskell, Hatch, Hathorn.
Houston Of Bradford, Jameson, Leavitt OF Deering,
Linscott Matthews, Mcintire Moore, Perkins.
Pierc.. Piper. Smith of Oidtowu, Simpson Of Hamp
den, spofford Deer Isle. Stevens, Strout, Smith
of Vim Haven, Talbo; of East Machias, Talbot Of
Falmouth, Tasser. Truiant, u ard -32.
NAY-AlleD of Chestervile. Allen of Dresden,
Ambrose, Ames, Aver, Barross, Bartlett, Bearce,
Blossom, Bolton, Brsckett. Burland Case, Chamber.
lain. Chapman, Chase Of Litchield, Chase of Sebec,
Chick. Cook Crimmiu, Cushmau, Deering, DOb.on,
Donnell, Dozen, Drew, Eaton. Eldridge, Emery,
FALL Files, Fisher, Fopg. Foster. Freeman Gerri h.
Hale, Hall Of Ro~kland, Hall OF Alfred. Ham. Ham
lin, Harmon, Heath. Hill of Auburn. Hill of New
burg, Hinkl y, Hiscock, Hobart, Hodnett, Holbrook
Horr, Ho iston of Belfast, Hubbard, Ives, Jepson,
Johnson. Kendall, Kilby kimball, Knapp. Latham,
Ieavitt OF Phillips, Leighton. Luce, Mattocks,
Meader. Newell. Noyes, Ne, Oak. Phair Philbrook
Powers, Pre-cott, Rand, Reed, Robinson, Rodick,
stockton, smith of Robbinston, Smith of
Jonesboro', simsonp Of Milford, Spear of