Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-03-05

tHtt puints ana move tnat II pc ~
ferred TO the committee on the Judiciary
MIR. Rounds of Paris: ] am not the au-
thor or this bill but | might say Worn
IN explanation. The question was raised
before our committee, the committee on
temperance. and we concluded to report
this bill and place II before the House
for consideration. II this is referred to
the committee OIL judiciary | don't know
how II is settled by doing that They
are not committee who are to deter
mine the constitutionality of amy aues-
lion: IL is simply a matter of opinion:
and the only way to determine its con-
stitutionalitX. as understand it, IL TO
pass the bill here In this Legislature
and let Il go 10 the supreme court for
their decision.
We Will be Just as. much In the dark
after the Judiciary committee have re-
ported as we are now. Many of the
lawyers in the State have been consulted
in regard to this matter and they think
il Is constitutional In the sense that the
prohihitory law is constitutional; and |
call for the yeas and nays on the mo-
ton to refer it to the Judiciary commit
tee.
Mr.. King of Caribou: have here a
letter from Ex-Judge Symonds of Port
land. which / would like to read before
this is put to vote. II can only give
YOU an impression In reply to your re-
quest about the proposed cigarette law.
nave only lust returned home and have
had no opportunity for investigation.
But as a matter of recollection and i'm
preston should not suppose it com
netent for one state to impose such an
absolute prohibition against interstate
commerce as the proposed bill under
takes to do. AT all events 1t would be
well for the bill to receive the careful
attention of Il legal committee like that
upon the judiciary. before its passage.
1t seems 10 me this is not Il question
OF the passage or nOn-passage of this
bill; II is simply question of its legality
aud constitutionality; and | see no good
reason for putting bill like this on the
statute books If 1t Is not constitutional.
do not wish this to be referred for u
hearing as TO the merits or dement's of
the bill. but simply for their opinion upon
this matter 1t simply retards the bill
for a few days. that Is all hope IL will
be referred.
Mr. Hamilton of Mattawamkeag: If
we could get II decision from the judi
ciary committee which would be legal
and binding for future time. Il final de-
cision on this question, there would
seem TO he some object in referring II to
that committee: but as no less an au-
!hority than the supreme court OF the
United States can determine the con-
stitutionality of this bill it seems TO me
to be waste of time to refer ii 10 the
Judiciary committee. There is one thing
we do know. that the sentiment through
out the State of Maine is overwhelmingly
in favor of this bill, Very nearly a00
petitions have come before the Legisla-
ture in its favor while less than 100 have
demonstrated against 1t, and several oil
the remonstrances have been signed by
only one individual. I believe we are
ready to deal with this question now and
certainly trust that this bill will not
be sent 10 the judiciary committee.
think ii would delay the bill without ac-
compiishing anything as the decision of
that Committe would not be final. | hope
the motion to refer will not prevail.
Mr. Boynton of Sullivan: If have
been correctly Informed the attorney
general OF the State has been consulted
in regard 10 this matter and his advice
is that this Dill be put upon its Passage
and let its fate be what IL may: and !
favor the motion TO refer the bill to the
judiciary committee.
Mir. Pattangall of Machias: feel az
present very friendly towards the mo-
tive of this bill hut | feel very much in
doubt in regard to its constitutonaiity.
OF course the decision of the Judiciary
committee Oh that point would not he
LiBding: bat their opinion is OF value 70
us in determining now to vote or = meas
ure. 1t seems 10 me. ii what the gen.
ttcnian from Sullivan tMr. Boynton,
81, Is true. that the attorney general adj
Ni@es the passage Of this bin. that It is
peculiar suggestion to make 10 this
House. ! do not think It Is hardly his
province 10 advise this House whether or
not TO pass a bin. 1t would seem to me
that bill Of this importance-and 1t is
inportant--a bill that is designed to work
important reforms. should be gone nj
carefully. We certainly do not desire
mere TO pass law that is unconstitu-
tlohdi II thiN Is AN unconstitutional
measure. If ii is not, the strongest ar
Gument against the bill is removed; and
IL seems to NE. rs q friend of the bill
that we should desire its commiital to a
legal committee for advice upon the point
OF ltH constitutonallty.
Mr.. Andrews of Garland: Brothers
and sisters. as an advocate of temper
aGce. as one who has joined almost
every temperance organization since the
nf ha Shi ,,,sf <..,t I
today that ! am in favor of this bill I
see that We have quite a number of rep
resentatives here from our lady friends
and they are always on the side of tenn
peranfe. | believe to quibblc with this
mltter or delay it would not be for our
;'dvantage nor to the advantage of this
biil as Il temperance measure. l esteem
our attorney general. his advice is very
good indeed and I think ii is our best
course TO follow those whom we feel are
strongly in favor OF temperance i'm re-
gard to this great issue. | represent the
town OF Dexter from which we have Il
petition here from our noble men and ex-
cctient women. a petition of about 80
names; ] also represent Garland ii tenn
perancc town. which has sent petitions
here Al over the State of Maine our
noble ladies have advocated the passage
of this measure. Let us do all we can
to pass this bin and risk the legality of
it.
Mr.. Boynton of Sullivan: The attorney
informed me that he has not expressed
any opinion on the constitutionality of
TINS bill and rise to make this cxplana-
tlon as due to him. | was misinformed.
Mr.. Talbot of L.ewiston: | have the
greatest respect for the judiciary com
mittee OF this Legislature. made up as it |
IS from the ablest attorneys in the State
hut | submit that there are some things
winch common people have an opinion |
upon as well as those gentlemen. | do |
ROT Know lust the individual opinion of |
mat committee in relation to many laws
! nat are now on the statute books. This |
blil was referred to the temperance COM
mittee. We have the opinion of that
committee. This matter is in the line of |
temperance. 1T is in the same class of |
legislation as our liquor laws. Many haze |
held that these We're unconstitutional |
put Maine has always held that we have |
the right to prohibit the manufacture and |
sale of liquors. The cigarette bill is in |
! ne same line. | do not know of a smoker |
nut VINO Will vote to anEihilate the cigar |
cue. 1t ought to be an outlaw in every
civilized community. We cannot pass
legislation which is too radical against |
such things as this. have no fear of |
the supreme court of our State or nation /
overturning any legislation of this kind |
l thlnk we are capable of expressing our |
own opinion without being advised by the |
iuaciary committee: and / sincerely hope
thit the motion to refer Will not prevail |
Mir. Winslow of Portland: If it is I'M
constitutional to pass this bill / will say |
10 the House that we already have a law |
on the statute books very much of the
4 "a ls.-1f,