Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1889-02-07

l
bill VAS to supply the omission 50 As to ma
the lav effective. He was opposed TO d
measure because he believed the legislatu
had no constitutional right to step in and di
tate as TO how often . private firm or indivi
ual should pay his bills. With corporation
: il Vas different, because they are the ere
tures of the legislature.
Mr.. Wright of oxford understood Il
purpose of the bill vas to supply shat had bee
inadvertently omitted as had been states
The omission was evidently An oversight
the friends Of the bill. or brought about
some person opposed TO the measure. Thei
was an Inconsistency in the statute as II 70
,s and the bill was 10 RENE dy it.
Mr.. Heath said the failure of the la
; Legislature 10 make The penalty clause col
sisten, with section l of the Law Was unit
territorial. His recollection had been r,
freshed, and he now recalled To mind tn,
. the bill reported BY the Committee of th
last Legislature applied to corporations only
which was all the friends of the messur
asked, and in that form it passed the Senate
In the House it was amended 50 as to appl
to persons and firms, without discussion
but the Senate was over~ In
ingly opposed to exien6 ing III
provisions of the bill in such . manner, All
then there was a Committee of Confer, ne
upon il in the very last week of the session
The committee. for the sake of harmonizin
the differences, recommended that il apply I
firms or persons having in their employ NOR
than ten persons. Ii was true that the Senat
surrendered the principle for which il con
tended in agreeing to that report, and ough
not TO have done il, but the concession wa
made, as is often the case in the last days o
a session. The penalty clause in the st c
ton relating TO firms had been accidental,
omitted. The bill as finally passed was reall,
against the wishes of the Senate and did no
represent the deliberate judgment of tht
legislature. Although the matter now cam,
up in the way of correcting an error of two
years ago, still the bill was wrong as applied
to persons and we ought TO be thankful tha
the last legislature did not 90 to the extent OF
passing perfect bill applying in that respect
Mr. Walter of Somerset fully appreciated
the objection raised, and said he had grave
| doubts of the coDstitutionality of such q
measure. His Judgment was that We have
too much law and attempt to exercise too
much psternal government over the people.
But we have law which provides that a
certain tn ng shall be done with reference 10
payments of wages by firms and persons.
That provision should be stricken from the
statute book or means provided for its en-
forceDent If the bill was passed the con
stitutionality of the law could be tested BY
an appeal to the courts. if anybody desired.
He thought the people would be better salts
fled TO have the bill passed and the question
tested AS he had indicated.
On motion of Mr.. Ryder of Penobscot the
question of passing the bill to be engrossed
was taken by = yea and nay vote, resulting
in the negative, as follows:
YEA-Austin, Burgess, Burrir. Clark. Collins,
Hill. Walker. Walton, wright-9.
NAY-Daggett, Freeman, Frost, Haiues, Har.
l. rd, (of PenobscUtJ Lord, (of York Merrill Nash,
Nickels Poor. Rand, Ryder, Sargent. simpson 20.
ABSENT. OR NOT VoriNU-hendail. seeper.-2.
So the bill was refused a passage.
TAKEN FROM TIE TABLE.
On motion of Mr.. Walton bill an act to
incorporate the Maine Free Baptist Associ
alton was taken from the table, and the same
gentleman moved to amend by striking from
line 4, section |. the word Educational"
and inserting the word "and' IN the same
line between the words religious" and
missionary, pending the adoption of which
the bill and amendment were laid on the
table and ordered to be printed on motion Of
the same gentleman.
On motion of Mr.. Burrill of Hancock, bill
an act to amend and add to an act to incor-
porate the Lime and Rock Railroad Co.. was
taken from the table, and on motion of the
same gentleman amended by adding to sec
tioH 2, the words and their decision shall
be final" The bill was then passed to be
engrossed as amended.
LAID ON THE TABLE.
Mr.. Haines of Kennebec laid on the table
to be printed, pending re ference to the Com
mittee on Legal Affairs, resolve authorizing
the Governor and Council to appoint COM
mission of three persons to inquire into the
system of taxation of other States to raise
revenue for government expenses, and to
provide for more equal, just and equitable
system of taxation of all kinds of property in
the State, with view to reduce the rate OF
taxation. and TO provide a better and more
effectual system of assessment and collection
of taxes, the commission to report to the Gov.
ernor and Council on or before Oct. lst 1890
their report to be printed and distributed.
SPECIAL ASSIGNMENT.
Bill an act to restrain the sale of tobacco
and use of same by minors under sixteen
of age came up by special assignment.
Mr.. Wright of Oxford said he had the bill
tabled because he thought he saw about il
some obnoxious features, He did not in any
way wish to attack any measure that had ever
tendency to elevate the morals of the State
but if the Legislature SHOULD enact all the
bills asked for relative to these matters its
| members would be a laughing stock. He
| believed that the line must be drawn some
where.
| Therefore, he moved to amend by
striking from section the clause prohibi
ting the sale of snuff or tobacco in any form
to any person under l6 years. Also tt
amend sectien by striking out the claus,
prohibiting the giving of snuff or tobacco il
any form to such minor by any person olhel
than parent or guardian. Also to ament
by striking out section 4, which is the pro
vision to punish by fine of not exceeding
s. for the first offence and $40 for th'
second, any minor under l6 found smokins
cgarett,s or tobacco in any form in any
public place.
He said there bad been considerable com
plant of the injurious effects of cigarette
smoking upon yonng boys. and he though
himself that it was more injurious than to
bscco. Boys under l6 as a rule did not il
the country places. go to store'
and buy tobacco, but they commerce upor
cigarettes and get initiated in the use of to
bacco in that manner. He thought the pur
pose designed would be accom- )lished to ,
great extent, if not wholly, BY legislation
against the cigare tie. and in time dealerl
would cease TO keep the article. and in man,
instances a boy vi o had reached the age o
sixteen without the use OF tobacco, woul,
not use it afterwards. An objection to th'
| bill was the rendering liable TO its penaltie
a trader who should sell to a oy under six
teen any snuff or tobacco. although the bo,
may have been sent by bis parents to maxi
the purchase, as is often the case in the coun
try. This in his opinion was opening dan
gerous door. When the legislature under
took to make laws of this kind it should leg
islste in such a manner as would be consist
ent with the wants and demands Of the com
munity. Unless it was proposed to preven
the use Of tobacco entirely. ii must be Ell
pectcd that men will send their boys to pur
chase it. and it would be unjust 10 subject
dealer TO penalty under such circumstance,
He also objected to the section which pre-
vided penalty for smoking in a publ
place, and in support Of the point instance
the supposed ca.e of a boy seventeen yeal
of age who should buy cigarettes and CIV
them to his companion of less than sixtee
, to smoke, and if he smoked them in a put
lie place he would be subject to fine. an
( in case CT non-payment. to imprisonmer
which would ever after pm, q stigma upo
him, and perhaps lead to his ruin. It was
discrimination against boy of sixteen. an