Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-07-12
LEGAL BUBBLES.
Mas Gov. BedVell's Signature
to the Medical Bill
Valid?
Facts Brought Out at Yesterdays Hear.
Ing BY Names Legal Lights.

A Knotty Problem for the Law Court
to Decide.
The following case was given q hearing
before Chief Justice Peters. at the court
house yesterday at 10 A. NJ.
Stephen II. Weeks of Portland, president
of the Maine Medical Association, made a
petition for mandamus 20 compel the secre-
,sry of State to promulga,e as Law ian act to
regulate the practice of medicine" Of which
there has been so much said in the public
press since the legislature of 1887, to which
Gov Bodwell affixed his signature and sub
sequently drawing his pen through 1t,
returned il to the legislature with his veto
message, March IL, 1887.
Judges Goddard and symonds of Portland,
appeared for the petitioner and Attorney
General Baker for the State. Judge God
iard read the petition for mandamus.
DIR. Thayer Of Waterville, DR.. Sleeper,
Senator from Androscoggin county, Il. c.
Stevens, Gov. Bodwelrs private secretary,
aud J. r. Milliken, clerk in tho secretary of
states office, were sworn.
L. c. Stevens testified as follows: Either
the secretary or the messenger of the Senate
brought the bills to the governors room.
when the governor was ready to siga hills
took them from the large envelope or
docket in which they were placed and ~ ly
read them over TO the governor; then p,ac-
ing them on the table for the signature.
After the bills were signed sometimes car,
ried them to the secrctary's office, at other
times A. ID. Russell, clerk in that office
would come for them, or Major House, mes
senger to the governor and council, would
carry them down" Witness had no formal
instructions as to duty from the governor,
but did whatever he deemed necessary about
the office.
Several bills, including the medical bill"
were found on the governors table OH the
morning Of March II, 1857. The governor
readily signed all except the medical bill,
which was laid on one side. After deliber
ating on the bill during the whole foreaoon
the governor tnally signed it about l o'clock
aud Immediately went to diLu,r. Witness
did not leave the office till half past two z.
w., when he took the bill to the engrossing
room. About ten minutes later the governor
returned and called for the bill. Finding
where il was he Immediately sent witness
after il. Witness told the secretary that the
governor wanted the bill. He had not seen
the bill from that time till the present.
jas. X. Milliken, clerk in the engrossing
room of the Secretary Of States office, testi.
fed as follows:
Has been in the Office nearly thirty years.
Remembered seeing the "medical bill' in his
office. Received it from Stevens during the
afternoon of March II, 1883. Wrote In PEN
Gil on the corner of the bill figures 1922, indi-
C ting its number in the Acts approved by
tn Governor.
He recorded In n book labelled "Titles,
Acts" the number title, and date Of approv-
al of the bill. The Secretary of State took
the bill from the table soon after it was
brought in by Mr.. Stevens.
After learning that the bill had been dis
approved he erased the number and date of
approval, and gave another bill the number
should be consecutive.
Another book labelled "Blotter Acts" was
shown witness Referring to this, he said,
IL find No. 42i at the bottom of the left hand
page, and 422 at the top Of the right hand
page.
The bill number 422 is not the medical
bill" and it Is evident that a leaf had been
torn ont between the two pages" He did not
know who tore out the leaf. Similar books
had always been kept for the convD Dnience Of
the clerks, and thrown into the waste basket
after the laws were promulgated. DIR. Sleep
er was next examined. Judge Goddard tried
TO elicit from him what Governor Bodwell
had said in reference to the bill which was
objected to by the attorney general, now that
the Governor was dead. DIR. Sleeper did not
see the bill after the Governor drew his pen
through his signature.
Attorney General Baker said that he did
not contest the signing of the bill by the
Governor nor the recalling of the bill from
the Secretary's Office prior to the erasure Of
the Governors name. He also admitted that
the act had not been promulgated as a law.
copy of the bill and various other docu
ments were then introduced by Judge God
dard.
Oramandal Smith. Secretary Of State tes-
tilted as follows:
Mr.. Stevens came in the afternoon and
said the Governor wished TO see the Medical
Bill, which he had just carried TO the en-
crossing room. Witness took the bill from
Mr.. Milliken's table, and carried IL 10 the
Governor. Did not know OF the erasure Of
the Governors signature except by hearing.
Knew nothing al out the erasure in the book
mentioned by Mr.. Milliken, nor of the tear
ing out of the leaf.
The Attorney General stated that he had
no evidence to put in, and the Chef Justice
informed the counsel that the case would be
referred to law court, which convenes at
Portland next week, then taken up and set
tied some time during the season.
Randall Improves in Health.