Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-03-02

on motion of Mr.. Higgins Senate dOcu-
ments Nos 1877 and 15i, an act to incor-
poratc the VIM Water 81 Power Com
many. and Senate amendment A thereto,
were taken from the table. The amend
ment was adopt ted, and the bill read sec
ond time and passed to be engrossed as
amended.
On motion Of Mr.. Hoyey of Somerset,
Senate document No. 153, resolve in favor
of Edgar G. Wakefield of Gardiner, Ken
nebec county, Maine, was taken from the
table.
Mr. Hoyey: This is matter of such
far-rcaching Importance, affecting the en-
tire State. and the several counties OF
the State, and especially those interested
in criminal matters, that l desire TO call
attention to this resolve.
1t seems from the statements OF facts
that Edgar C. Wakefield was indicted
and convicted of manslaughter, and paid
a fine of $3.50, and the object Of this resolve
Is to reimburse him for the money paid
the county. This statement assumes that
the verdict Of the jury is not true. There
are no doubt equities in matters of this
kind, and perhaps there are cases where
the money paid for fines should be re
funded.
II a man is imprisoned wrongfully he
must be released, but it seems to me
that until we meet such cases as this Is by
some general law, by some statute, the
effect of such a resolve rs this upon the
counties must be dangerous. liz we pass
this, every person who is convicted, as he
claims, wrongfully, can afterwards look to
the action of the Maine Legislature here
as precedent for his claiming reimburse
ment from the several counties OF the
State. TO those who have been interested
and engaged in criminal prosecutions ii
must be apparent that men will some
times be convicted wrongfully. If We
pass this resolve u man who has been con
ycted for selling liquor might afterwards
come back on the county, and show that
he had been convicted WrOngfully, and
point to this resolve as precedent direct
ing the county to reimburse him. 1t seems
| to me as though there might be SOME
other way to get around it. SO far as
| this particular ease is concerned | do moi
know as would have any particular obJec
ton to it, except as "a precedent.
Mr.. Hill of kenncbec stated that full
and clear evidence had been produced be
fore the committee, and they had voted
unanimously in favor of it. He also read
from letter Of Judge Hall, saying that
the Judge fully believed that Wakefield
had been convicted wrongfully and that
his fine ought to be returned 10 him.
Mr. Higgins of York said that the pass
age of this resolve would cause a great
deal of trouble, and would be a dangerous
precedent; and said that Wakefield ought
to go to the court or to the county com
missioners with his claim for reimburse
ment.
| Mr.. Hill stated that he doubted if the
county commissioners had any authority
| to refund this money, and said that the
refunding of it was an act of simple justice
| Mr. Higgins suggested that the state
ment of facts accompanying the resolve
| should be amended, for he noticed that ii
did not appear by that statement that
Wakefield had been fined or had paid any
| fine.
| Mr.. Hill said that he would cndeavol
to procure moro information for the scna
tor, and would, if necessary, amend the
statement of facts to make it satisfactory
Mr.. Savage of Androscoggin stated thai
he thought that in passing this resolve
the Senate was upon dangerous ground,
and that they ought to give this matter
careful attention.
On motion of Mr.. IIovcy, the resolve
was laid on the table and specially as
signed for Wednesday of next week.
On motion of Mr. Marston of Somerset
House document No. IA resolve for TIKI
purchase of certain number of copies o
Freeman's Supplement to the Revised
Statutes for the use Of the State was taxi
from the table
Mr.. Savage Of Antlroscoggin: Thi
matter was referred to the judiciary com
mittee. We cndcavorcd to study it quite
carefully. We found that there is yer,
general feeling that we ought to have
revision of the statutes, there having beer
seven sessions of tho Legislature, includ
ing this one, since the last revision il
1SS3. The first thing that the committee
tried to find out was what the cost woul'
be. Tho revision of 1883 cost the Stat
about S:5, coo, and it seemed to the mem
bers of the committee that in view of tn
numerous and pressing calls on the treas
ury it might be wise to postpone this out
lay il il could he done Tho revision 0
the statutes cost $50, 900; or Mt the rate o
about $4,000 u year since 1883. This re
solve provides for an appropriation o
$500 for printing and publishing sup
plcmcnt to the Revised Statutes, whici
would amount to che average cost OF th
revision for three years, 50 that If by tn
adoption of this supplement- we coni'
POSTPONE the revision for more than thrc
years we would effect saving TO the State
This supplement, with the REVISE
Statutes, shows the law as it stands IL
1895 so that by this we should get goo
working book which would be of grea
use to the members Of the bar and to al
town officers.
1t is the hope of the committee that
this be adopted the revision could b
\ postponed for three Legislatures.
/, The State librarian appeared before tn
committee and stated that the number o
persons entitled to a copy is between sevel
and eight hundred. Then we have to pre-
vide also for three Legislatures. about 20
/ for each, so that it will take just abou
1900 copies. which is the number provides
for in this resolve
. Mr. Marston of Somerset: L am no
here to challenge the gentleman froi
Androscoggin, but here is resolve, i
the face and eyes of our worthy Governor
/ message of few days ago, calling for a
appropriation of $500 for purpose tina