Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-03-16
the bill was laid on the table and specially
.s-;..x,oJ foy, V',,ncIou noyt

the bill was laid on the table and specially
assigned for Tuesday next.
On motion of Mr. Nickerson of Lin
coin, House document No. 206, an act to
prohibit fishing with seincs or set nets in
the Sasanoa river below Bath from the
first day of Octber till the first day of
April following, was taken from the
table and read first time. The same SEN
ator then offered Senate amendment A,
which was adopted, and tomorrow assigned
for the second reading Of the bill
On motion of Mr.. Higgins of York,
Senate document No. 14l, resolve relating
to indexing papers and records in the land
office, was taken from the table, read second
time and passed to be engrosscd.
On motion of Mr.. Higgins of York, Sen
ate document No. 191, bill an act to
amend section II, chapter 217 of the Pub
lie Laws of 1893, relating to justices of the
supreme judicial court, was taken from the
table, read second time and passed to be
engrossed.
On motion of Mr.. Spoford of Hancock,
Senate document No. 2l2, an act relating
to defences in actions for forts or injuries
suffered on the Lords Day, was taken
from the table.
Mr. Hovey of Somerset offered Senate
amendment A, which was adopted, and
the bill then read second time and passed
to be engrossed as amended.
On motion of, Mr. Hovey of Somerset
Senate document No. 1853, resolve in favor
of Edgar c. Wakefield, was taken from
the table
8 A II in.
not that feel sense of duty | would not
oppose this resolve. | would like to favor
it because apparently there has been an
injustice done, because | would like to
favor the attorney who is interested in
| securing the passage of this resolve, be-
cause ! should like to be with the ma
jority Of the Senate, and l am told that
two thirds of the Senate will vote to pass
this resolve, which information goes to
prove the value of this Senate as delib-
erative body
| should like for moment to call at
tcntion to what this resolve means, and
what it will mean in the years that are to
come. | understand that this is the first
Instance on record in this State, or in any
other State, where Legislature has I'M
tlertaken to pay back tlue which has
been imposed by n court in the regular
proceedings of Justice. Now, it has I'M
doubleday happened in many Instances
that innocent men have been found guilty,
and have paid their fines, but in all the
history of judicial and legislative proceed
ings, so far as l know in this country,
this is absolutely the first serious attempt
to make the Legislature undo and do over
the proceedings Of q judicial tribunal and
sit as a court of error and order rcmis-
sion of the fine. We have been progress
ing of late years, and we have opened the
doors in one direction and another, some
times, perhaps, wisely, and sometimes not !;
but / know this that at the very founda-
tion of the stability of law and order lies
the sacredness of a Judgment of the court
When a court regularly organized has
passed its DEGREES, the Legislative hand
must be stayed so far as that particular
| Judgment is concerned; otherwise we are
| opening the door to q very large class OF
cases which may continually trouble u.s.
| If we do this no man can know when his
rights are safe. say again, never before
has anything of the kind been at.
| tempted.
| Mr.. Savage then went on to quote from
the record of this Wakefield case, and
pointed out that all that the Legislature
| had to base this resolve upon was the testi-
mony of one man, given in another case.
and the opinion of the presiding Judge
that this testimony was true. In closing
/ he said: How utterly unable the Legisla-
turc is to sit in review of a court We are
Obliged to rely almost wholly for our facts
upon the statements of counsel and coun-
sci do not always agree upon the facts, and
| even if they do, they do not always agree
upon the deductions to be drawn from
those agreed facts. 1t may be that an iD-
Justice has been done to Wakefield in this
case, but that cannot be helped in the
imperfect state of society at the present
day. Our duty is to uphold the judgments
of the courts, to hold them sacred, and
not to sit here as court of error to review
their judgments. am opposed wholly to
this resolve.
Mr. Hill of Kennebec: 1t would be
useless for me to attempt to argue this
question with the senator from andre
scoggin, and shall not attempt to dc
] so. introduced this resolve believing
that it is only asking the Legislature to
do simple act Of justice. understand
that there is no remedy for man who is
in the circumstances that this man Wake
field is in, and believe it is the duty OF
this Legislature to right this wrong.
Mr.. EDgel of penohscot: l will say al
!, the outset that the senator from andre
scoggin has surprised me great many
times during this session, but in every
case must say that ! envy and admire
the vast resources of his intellect In