Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-03-07

the support of persons having no pauper set
Element in the State. and removing from uu-
incorporated places into towns. Mr.. Lebroke
then submitted two verbal amendments.
which were adopted, and the bill again
passed to be engrossed.
Senate document No So bill an act
| establishing the Maine Fertilizer Control and
Agricultural Experiment Station. tabled on
motion of lIr. Marble of Lincoln, came up
BY assignment at II o'clock. Mr. Heath of
Kennebec said that Mr.. Marble was unable
to be present to-day, on account of in
disposition, and. at his request. he moved
that the bill lie on the table until tomorrow.
Senate document No. -, the or Ter re-
quiring the Justices of the Supreme Court to
give their opinion on the construc-
ton of the constitution relating to
| the apportionment of senators and repre-
sentatives. whether in ing an apporton-
ment of representatives amongst the several
counties, as provided by the constitution, it
is lawful for the legislature TO take into con-
sideration the fractions left in making the
apportionment for senators. and if an appor-
| tonment where those fractions have been
used is constitutional-wast taken from the
table, on motion of Mr.. kimball of Sagadahoc
! Mr.. Kimball spoke as follows:
desire to again call the attention of the
Senators to very serious question which has
been developed in the present legislative ap-
portionment bill, the result of which has been
gross injustice to the county of Sagadahoc
which represent in this chamber. The facts
are simply these. The apportionment COM
mittee decided in apportioning the Senators
to regard county lines, and that each county
should have at least one senator. Under
that rule the county of Kennebec had tw
senators, with large fraction over, but not
enough for three senators. In the apportion-
ment Of representatives,, l43 were apportioned
among the several counties, leaving eight to
| be distributed among those counties having
the largest fractions ''having regard to the
relative increase of the population accord
ing to the constitution. According to the
table prepared. the correctness of which is
not questioned. Sagadahoc county was the
eighth in the list and was entitled to one
additional representative, and Kennebec
county was the twelfth in the list and enti-
tied to no additional representative. Yet be-
cause Kennebec county had large fraction
in her senatorial apportionment. the repre-
sentative belonging to Sagadahoc was taken
| from that county and given to Kennebec
county. The chairman of that committee
and those supporting him, claim the right to
regard and use senatorial fractions in max
| ing the appOrtionment of representatives.
1t is that claim which | propose to test and
investigate, and this order is submitted for
the purpose of determining its legality and
constitutionality. The constitution provides
separate methods for apportioning the State
| for senators and representatives. For sena-
tors. it SAYS that at every period of ten years
| CATER 1920 the legislature shall cause the
/ State to be divided into districts for the
choice of senators, and that the district shall
conform as near as may be~to county lines,
and be apportoned according to the num-
Der of inhabitants. This allows disregard of
county lines where manifest in Justice would
be done to two or more counties having large
| fractions sufficient together to entitle them
| to one additional senator, and the legislature
| has the right to create such district and
make such an apportionment Such an APP
portionment would be constitutional and
would secure to counties having large frac-
tons their legal rights and representation.
/ More than that. it is in my opinion the only
legal and proper course to pursue where coun-
ties desire to utilize their senatorial fractions.
The constitution never intended that
senatorial fractions should he used for any
purpose outside of senatorial apportionment
and such use is unjust, illegal and I'M
constitutional. For representatives. the con-
stitution provides that, after 1921, within
every subsequent period of at most ten years,
and at least five years. the legislature shall
| cause the number of the inhabitants of the
State to be ascertained, and that the number
of representatives shall at the several periods
of making such enumeration be fixed and
apportioned among the several counties as
near as may be according to the number of
inhabitants. "having regard to the relative
| increase OF population" This rule of APP
portionment is clear and distinct. 1t is a
| -. 81, Il.
that part relating to the apportionment for
senators; there is no possible connection.
between the two, and it was the intention,
beyond doubt, that representatives should
be apportioned every FIVE years. The right
and the duty of the legislature to regard
"relative increase of population is beyond a
question and was decided by the Supreme
Judicial Court in 1921 as you will see by the
full report of its decision, Senate document
No. 81.
think. Mr.. President, that have fully es-
tablished the premises upon which base my
claim that injustice has been done the county
of Sagadahoc, in the representative a2por-
tionment by plain and palpabe violation OF
the constitution of this State. There are
two courses now open to the supporters OF
the majority report. Restore to Sagadahoc
county the representative belonging to her.
1t is not toofa to do justice. and it is never
too late to right a wrong. Or. if they still
persist in justifying their action by the right
to consider senatorial fractions in apportion-
ing representatives, then let them agree to
this order, submitting the legality and consti-
nationality of their report to the decision of
the court. To this latter course there can
be no objection from any fair and candid
man; there can be no objection from any
Senator who regards the binding obligations
of his oath TO support the constitution.
Mr.. Heath of kennebec said that he con
sidered the legislature competent to make an
apportionment, and that il was not necessary
to ask the judges of the Supreme Court for
their opinion. H. hoped the order would
not receive passage.
.Jr- Kimoall of Sagadahoc said that the
question is one which should be definitely
settled, so that future legislatures nav have
guide for their action in similar cases. |,
is not intended that the court shall report to
this session of the legislature, and final ad-
ljournment will not be delayed.
Mr.. Wentworth of Penobscot said that il
he understood the Senator from Sagadahoc,
if the Supreme Court decides that the appor-
tionment made by this legislature is uncon-
stitution and void, we shall have no apportion-
ment in the State but the one made in 1871.
Mr.. Kimball said that if the Supreme Court
should consider the apportionment made this