The Portland daily press., 1888-07-12
GOV. BODWELrS IS CANCELLED SIGNATURE
The Case of the Medical Registrar
tIon Bill Up Again.
Testimony Before Chief Justice Pc
ters Yesterday.
State Officials Tell Their Stories Of
the Affair.
rspeeIal to the Press.l

A.
ant hearing before Chief Justice John A.
Peters. at the court house today, to obtain
the granting of writ of mandamus to make
valid the medical registration bill, which
was before the last legislature. The writ is
asked on the ground that when Governor
Bodwell signed the bill, on the 18th day of
March, it became law, and the subsequent
withdrawal of his signature few hours af-
forwards did not affect the validity of the
measure.
Judge j. w. Symonds and Judge g. w.
Goddard represented the Maine Medical As
sociation and the petitioners, while Attorney
General Baker appeared for the Governor
The facts of the case are still fresh in the
minds Of the public.
The petition of DIR. Stephen Fl. Weeks of
Portland, president of the Maine Medical
Association. was read by Judge Goddard in
opening. The petition represents that the
bill was passed by the Senate and House on
the 18th day of March, 1887; that during the
forenoon Governor Bowel approved the
bill, directing it to be placed in the official
custody of the Secretary of State. it being
entered in the usual manner in the books
kept for the purpose, and received as a law;
that several hours later the Governor under
took to recall the act, and the Secretary of
State ''unlawfully" allowed it to be removed
from his custody; that the Governor caused
line to be drawn through the signature,
and caused the act to be sent to the Senate
with his objections thereto; that the Senate
assumed to reconsider 1t, and it now remains
in the custody of the Secretary of the Sen
ate; that since that day the Secretary of
State has not recognized the act as law, in
the usual manner. The petitioner accord
ingly prays for writ of mandamus to COM
pei the Secretary of State to restore the act
to its place among the public acts of the
State, the Secretary of the Senate first re-
turning it to the Secretary of State.
The original act as signed by the Governor,
line being drawn through lhis signature
and the words "March 49," was presented by
Judge Goddard.
Mr.. E. Curtis Stevens, private secretary
of the late Governor Bodwell, was called and
testified: sometimes received the acts and
resolves as they came from the Senate Cham
Der and sometimes found them. in the
Governors room. After he signed them
they went to the Secretary of States office.
There were several came into the executive
chamber on the morning of March 18th.
They were on the Governors table as usual.
There was an act brought in during the day
known as the medical registration act. The
Governor approved all these about 10 a. m.
in the morning with the exception of the
medical act which remained unsigned. Just
before going to dinner at l o'clock he signed
this act. 1t was simply an act of accommo-
dation that took the bill down stairs.
Redirect-There were number of people
in the Governors room in the interval be-
tween the signing of the bill and the with
drawal of the signature discussing it with
him.
Mr.. Baker stated the position of the State
was that it was a singular state of affairs if
the Governor could not sign bill, leave it
on his own personal table for few moments
and then changing his mind withhold his
signature. The only trouble was. Mr.. Baker
said, the Secretary of State thought the
Governor was done with the act when he
was not.
The cross examination-I did not under
stand it as my especial duty to carry the
bills to the office of the Secretary of State
and what did was assumed. The Governor
was always. present when the bills were
taken from his table.
James r. Milliken, clerk In the Secretary
of States office, was called. Mr.. Stevens
brought the so-called medical registration
bill down and delivered it to him. made
mark as usual to show that received the
l.
the title of the bill in the original book of
acts upon receiving it.
Mr.. Goddard here presented the original
book of titles to acts of the last legislature,
and Mr.. Milliken, upon examining it, stated
that evidently one leaf had been torn out
AT the bottom of the left hand page, where
the fag end of the detached leaf appeared
was entered the title of act No. 221, relative
to the regulation of hours of labor Upon
the top Of the right hand page was entered
90 mn MI iun M inf fnyia frao
liquors. Mr.. Goddard then exhibited the
medical registration bill, which was num-
bered 422, and which Mr.. Milliken said in
the regular course of numbers, if finally ap-
proved, should follow No. 42l.
Mr.. Milliken further testified that he dis
covered leaf had been torn out of the book
of acts the same afternoon that the medical
bill was received, but did not know who did
it, Judge Goddard next placed the blotter of
the last legislature in Mr.. Milliken's hands,
The clerk testified that he entered the bill in
the book as usual But word came to him
from the Governor that the bill was not ap-
proved, and he erased the date of approval
and the number of the act. The evidence of
the erasure could be seen on the leaves. Mr..
Milliken continued: Mr.. Smith, Secretary of
State, came down about ten minutes after /
received the bill and took it away, saying
that the Governor wanted it.
Dr. +. G. Sleeper, of Greene, was called:
and a member of the present Maine Senate
DIR. Sleeper had conversation with the
Governor on the afternoon and evening of
the 18th of March, 1887, but His Honor ruled
out all conversation that the witness had
with Governor Bodwell to prove the pre-
vlous intention of the letter and the doctor
was not further examined. Judge Goddard
announced that the testimony of DR.. +. G.
Thayer, of Waterville, who was summoned
would be of the same character as DR.. Sleep
er's and the witness was not examined.
Secretary of State 0romandel Smith took
the stand and testified to going after the
bill, procuring it from the clerk and carry
ing it to the Governor at his request, on the
afternoon of March 18th, 1887
Several other minor matters were intro
duced by the petitioners, and the govern
ment did not present anything. By common
consent the question is to be reported to the
Law Court, where it will be argued at an
early day to decide the main question
whether or not Governor Bodwell had the
right to withdraw his signature after affixing
it as he did. There is no question of fact
between the counsel other than deciding
whether Mr.. Stevens was acting in an official
capacity when he took the signed bill to the
Office of the Secretary of State
The hearing was adinurnpd at tho