Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-02-08

right to vote for ten years continually
They simply said, .We will allow Phillips
to send for 1888, 1884, 1901 and 1907 with
out any interference from you: and IS IN
offset fssr thai We will deprive Phillips of
sending fas the remaining years and allow
Won To seIsd representative without inter
ference fren Phillips That Is not say
ing that those tosns should be deprived
of representation for SO many years
The gentleman On the other side says they
are deprived efail representation. He forgot
to tell US that all those towns had the priv
iiegc of voting for a senator. lie did not
tell us that the simple vote of member of
this House does not make a Law. lie forgot
to remind US that they had the privilege of
voting fer a Governor who Is arned with the
veto power, so that if We undertook TO OPP
press and misuse those towns, the very aet
By which we did it must go to the
Senate for concurrence, and II
by any Hieans such bill
ran the gauntlet of the Senate and came to
the Governor, he has the power by his veto
! 10 defeat il. II seems to N. that they have
TO especial grievance.
| They further argue that these towns
must give their consent. ask you to read
| that provision of the constitution and see :;
i''And whenever any town or towns, plan'a
| ton or plantations, not entitled to elect
representative, shall determine against a
classification with any other town or PLAN
tation, the Legislature may, at each appor-
| tionment of representatives, on the appli-
cation of such town or plantation. author
ize it to elect representative for such por-
| lion of time and such period shall
he equal to its portion of representa-
ton" | ask where, in that provision,
you find word or an idea, expressed or
imp led, of consent: | believe that the
system of checks which the founders of the
constitution always kept in mind.
| OF one branch of the govern
nlent on the other. should he CON
siIered in constituting this; and can see no
reason why the Legislature of 1891 must
wait for these towns to express their con-
sent. cannot find authority for it.
could not do otherwise as member of the
committee than sustain the decision of the
secretary of State, backed up as it was by
the opinion of the attorney general.
| Mr.. Churchill of Raymond said; The
question has been asked, who represents
the town of Strong or Salem or Temple,
and who those other towns? l undertake
to say that no one here represents those
towns, and | ask you if that is not taxation
without representation? would inquire
also if Strong or Salem. or the other towns
in this class, consented to this set-off of
| Phillips think not. Even if they did,
or if Phillips was granted this privilege
with or without their consent. it seems 10
me that il would be unconstitutional from
the fact that it is unreasonable and unjust
hat tsxx in s.ta
should have the right to control
any legal voter or voters so
| that the voter cannot express his right to
vote for representative in the Legislature.
What IS right for us today but to judge this
case from the reasonableness of it? And |
would like to hear little more about the
justice of this matter instead of SO much
about constitutional law.
Mr.. Morrill, of Portland said | think
can say from personal observation that the
committee on elections. carefully, candidly
and conscicntiously have discharged their
duties, according to such light as they had.
| know they listened very patiently to the
evidence that was submitted. know that
they paid strict attention to the able argu-
ments that were made. have no doubt
tiiht tfttS IMAM "Ht SlSuN'. WV
majority report has done it conscientiously,
unbiased by any partisan motive. 1t may
seem to be significant fact that We are
divided strictly upon party lines, but be-
lieve that each branch of the committee has
done its duty as they understand it.
The question submitted to this commit
tee, on the petition of Mr.. Beal, was that
he be admitted to a seat in this House rs Il
t,aan,l,nr Tho of tho I Ia,
ture of 1891 said that the towns of Avon.
Strong and the other tow ms, should have one
representative. At the end of the resolve
the town of Phillips rs authorized TO elect
representative for the years 1898, 1871,
1901 and 1902. 1t is the contention of
those who represent the minority report that
this resolve should read precisely as though
the latter portion was stricken out, that the
latter portion is unconstitutional II Ian
guage can make any intention plain. ii WAS
the intention of that committee of the Leg
isIature of 1891 that these towns should not
vote together as class, that Phillips
should not vote it'll the other towns. Then
how can you strike out this and say that by
striking ont that clause the whole pur-
pose and intention of that Legislative com
mittee should be thwarted.
The prayer of the minority report is that
this House decide that there was no consti-
tutional election that a new election he or
dered. Suppose you should order a new
election. Would YOU allow Phillips to
vote with Strong, Avon, Salem and
the plantations: If you did do that, would
it he allowing them to do what it was the
intention of the Legislative committee that
they should do: Clearly not. So that |
clam that this resolve should not read az
though tie latter portion were stricken out
as unconstitutional and void
The town of Phillips petitions the Legis-
lature for separate representation; she de-
cared against being classified She did it
in the way the constitution points out.
Tie Legislature granted her prayer. Now
hecause this latter portion of the resolve
appears where it does, the impression
might 90 out that it was an after-thought
But such is not the fact. When the question
of appor'ioning Franklin county came up,
the petition of Phillips was before the Leg
laiiye committee all the time, and it
was clearly the intention of the Legislative
committee to give to the town of Phillips a
separate representation, and they did it,
and did it constitutionally in my judgment.
The only authority of any significance
which has been cited is the case i'll the 1sth
Maine That ground has been wholly Gov
cred. The question is simply this Was
there such a provision made for the other
towns liable TO be classed with Phillips. as
the constitution contemplates. Phillips is
given the right TO elect for four years out
of ia; the other towns have the right to
elect for the remaining six years OF the
decade. Are these towns not amply pre-
vdel for: They cannot strictly
be represented here today in