The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-04-16

All our Gill ZonS therefore who believe
that it is not wise that municipal Off
GERS should be entirely Independent
of the people, may thank our representa-
tives at Augusta for Selling the oppor,
tunity of giving state wide effect to Mr..
Lanes bill which he intended should
only apply TO Augusta by amending il
SO that Portland and other cities of the
state should enjoy the benefit of its
wise provisions. Evening Express.
1t appears, however, that il. this won
dsrful piece of work there is something
that does not strike the Express even az
the consummate flower of all human
wisdom, for in tine same article which
contains the paragraph quoted, we find
this:
Th ere are those, it is true, who may
question the wisdom of depriving the
common council of participation in the
direction and control of city officers, in
whose election, through it's numerical
superiority in joint convention, thai
body has the controlling voice. But this
point has not been urged in the discus
sion of the " Lane law" and the Express
is not disposed to take issue with any
VINO may raise it.
Here are two confessions; first that the
Lane law has deprived" the more mum
erous branch of the city council, of ali
control over the officers, and secondly
that this effect of the law it is moi
ready to defend.
Again speaking of the effect the
Lane bill on the commission, it says:
Some may think that it would have
been better when that bill was before
the House or Senate if it had been
amended by excluding from its operation
the commissioner of public works of this
city. But aside from the general objec-
tion to such amendment based upon the
suggestion that it would be reflection
upon every other municipaI officer of the
state to publish the belief of the legis-
lature that OF them all the commissioner
of pu blic works of Portland was the
only one who could be trusted. there is
the other and stronger objection to such
an amendment that by indirection, as
has been shown by the Expreas,it would
have interfered with the commission
more than the law does as it now stands.
This truly reveals depth OF wisdom
which is quite ovefpowering. The Port
land com missioner of streets was not ex-
integrity of every other municipal Off
Ger in the state land because it would
have interfered more with the commits
sion than the law does as it now stands.
1t is curious fact, however, that while
the judiciary committee were SO tender
the feelings of every subordinate munich
pal officer in the state they didn't hest
tate to reduce the most numerous boar
of every city council in the state to q
nonentity. Evidently neither the i'm
propriety of not applying the law to the
street commission, nor the positive
harm to the commission of not doing SO
had occurred to the Express when
only few days ago it wa arguing that
il did not apply to it, in these words:
Under the rules ordinarily applied in
constituting possible conflicting statutes,
it is by no means clear that our street
commission is in danger of emasrula-
tion under the so-called "Lane law.
This latter is a general statute clearly
applying to the class of Off cials created
under municipal charters and called
municipal officers. AS effect can be
given to it through such application it
may well be questioned whether it can
be further extended and made to apply
TO an officer created under a SPECIAL
statute, enacted by the same legislature
and hereunder charged with well de-
fined responsibilities and as clearly
clothed with specific powers and rights.
The legislature may fairly be presumed
to have intended something by each of
those laws and is not lightly TO be charged
with the intent of Indirectly undoine
that which it has just specifically done.
1t was here evidently trying to exempt
the commission bill from the operation
of the Lane law, not having learned at
that time that "by indirection" such
exemption "would have interfered with
the commission more than the law does
as it now stands" We question if the
Express has yet discovered all the beau
ties of this Iaw-another consultation
with the Portland mem hers of the i'll
dietary committee may reveal so many
new ones that there will be universal
demand for a day of Thanksgiving and
praise that so much wisdom was vouch-
safed to Portlaud's representatives OF
tine last njoht 0f the easSiOD