Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-01-30
MINE LEGISLATURE
Senate.

Papers from the House disposed of in con-
currence.
Bill an act to incorporate the Frost Brook
Dam Co. came up for its first reading, and
was laid on the table and ordered to be print
ed, on motion of Mr.. Young.
The Senate receded and concurred in the
action of the House in its amendment of the
report of the Committee on Governors Mes
sage so as to refer the subject of State
board of health and State board of charities
to the Judiciary Committee instead of to a
joint special committee as recommended by
the report.
On motion of Mr.. Ray,
Ordered. That the Committee on Judiciary
be instructed to inquire into the expediency of
SO amending chaps. IS and II of the revised
statutes that Judges of Probate may be au-
thoriZed to make allowances to widows and
minor children out of the real as well as per-
sonal estate of deceased persons.
Mr.. Roak from the Committee on Towns,
reported ought to pass on bill an act supple
mentary to chap. 2S2 of the private and speci-
al laws of 1877 relating to the Ticonic bridge
between Waterville and Wins!ow; printed
under rule
Mr.. Bragdon, from the same committee, re-
ported ought to pass on bill an act to incorpo-
rate the Plantation of Allegash in the county
of Aroostook; printed under rule.
Mr.. Simonton, from the Joint Special Com
mittee on State Printing and Binding, on or
der,reported contract with Messrs. Sprague
& Son to do the State printing, and contract
with Messrs. Smith & Reid to do the State
binding for, the years 1885 and 1886.
READ AND ASSIGNED.
An act relating to the jurisdiction of mu-
nicipal and police judges and trial justices
in prosecutions for violation of the fish and
game law ; an act additional to and amenda-
tory OF an act to incorporate the Cedar Brook
and Swift River Improvement Co an act in
addition to and am-ndatory of chap. 376 of
the private and special laws OF 1877, entitled
an act to incorporate the Brvant's Pond and
AndOver Telegraph Co an act to amend an
act to incorporate the Van Buren, numbering
and Manufacturing Co resolve appropriate
ing $500 for the St. Elizabeth Catholic Or
phan Asylum of Portland; an act to change
the time of holding the terms of the Supreme
Judicial Court in Oxford county: [provides
that terms shall be held on the second Tues
days of October and February, instead of the
time now fixed. and provides for the holding
of term on the first Tuesday in May without
grand or traverse jures unless otherwise or
dered by the presiding Judge.
TASSED 10 BE ENGROSSED.
An act to confirm and make valid the or
ganization and doings of the Proprietors of
Westbrook Social Library; an act to amend
secs l and of chap. l22 of the revised
statutes, relative to the penalty for the crime
of perjury.
Mr. Weeks presented the petition of J. FL.
Haley and 90 others for law to prevent the
throwing Of sawdust and other refuse into
Ia Il ahan riv md nj IL, - h,
erred to the Committee on the Judiciary.
He said such petitions would ordinarily go to
the Committee on Interior Waters: but in
the present case there was dispute between
mill men, ice men, and men engaged in fish
ing, navigation and booming logs, as to their
legal rights on the river, and he thought the
Judiciary Committee the proper place to send
the petition.
Mr.. Nve moved to amend the motion by
substituting the Committee on Interior
Waters. He deemed this the appropriate
committee to have charge of the matter, and
if any question of law arose thev could re.
port reference of the subject to the Legal
Affairs or Judiciary Committee.
Mr.. Weeks said there was another reason
why his motion should prevail. On the Com.
mittee on Interior Waters were three lumber.
men, one of whom was an owner in a mill
that had caused good deal of trouble to the
petitioners. He did not desire to cast upon
any Of the committee any reflection He did
not know how they would regard the matter ;
but he had no doubt they would try to &C,
fairly. The main ground, however, or
which his motion should prevail. was the le
gal principles. involved, which could best be
considered bv legal gentlemen
The motion of Mr.. Nye was lost. and the
Datifiop fhap raforrod 70 rho
on Judiciary.
Mr.. Bearce, from the Committee on Banks
and Banking. reported ought not to pass or
bill an act additional to chap. AZ of the re-
| vised statutes, relating to deposits and the
withdrawal of the same from savings banks
Mr.. Simonton moved that the report be
recommitted to the committee, because he
thought it could not have been fully uuder.
stood by them. The proposition was to allow
small amounts deposited in savings banks to
be withdrawn after the decease of the owner
of the bank book, by any person to whom
an order has been given The law now
shuts out an order of this kind, and requires
administration with its attending expense
however small the deposit NAV be. He had
submitted the matter to the bank examiner
and to many bank men, and they saw no OBJ.
lection to such bill as the one contemplated
1t would be great benefit to the banks and
to small depositors.
Mr.. Kimball remarked that he was no,
present at the meeting of the committee al
which the bill was passed upon, but from his
experience of quarter of a century as treas
urer of a savings bank, he thought the COM
mittee did just right He saw no necessity
for such law. The bank book passes with
the order and becomes the property of the
person to whom the amount is made PAYABLE
at the time the order is given. 1t becomes a
valid transfer for any amount and can be col.
lected at any time. He undertook to say that
no bank in the State would hesitate to honor
the order and transfer of deposit book in
that bank when satisfied of the genu.neness
of the signature. No law that could be en-.
acted would make it any stronger.
Mr.. Simonton replied that the last speaker
might be correct; but if so, he Mr.. Simon
ton had always been wrong in his under.
stan ding of the law A power of attorney is
revoked by death. An order for the payment OF
money at savings bank given by deposition
is good during the life of that depositor
but if he revokes it (and his death is revo-
cation) no bank officer who understands the
law, would pay it. If depositor has control
| of book and power to draw, the transfer or
! order is revocable. The payee of the order
must be absolutely invested with the proper
ty, as the law stands, or death will leave the
deposit as part of the depositor's estate and
necessitate administration. His proposition
was that any person might designate on his
deposit book, in the presence of two witness
es, the person to whom the deposit shall be