Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-21

Legislature during his holding of such
office?
"a. 1T is necessary for fish and
game commissioner to resign or other
wise cease to hold that Office before he
can De legally elected and qualified as
4 representative of the Legislature?
81. III person holding the office of
lish and game commissioner is elected
representative to the Legislature and
takes the oath of office as such repre-
sentative, does such person thereupon
ana thereby cease to be fish and
game commissioner?
4th. Can a member of the present
Legislature be legally appointed a fish
ana game commissioner after adjourn
ment of the Legislature without first
fesigning his seat in the Legislature?
Mr.. WALKER of Starks: Mr.. Speak
er, yesterday, | introduced an order on
TINS subject matter asking that the
attorney general of the State give his
opinion upon that subject matter. The
order was hastily drawn and soon af-
ter 1t was presented l found that he
had no right to give such an opinion
to this House. and that the proper
method of procedure was to ask the
for that opinion. That is the reason
why l move reconsideration of that
order and its indefinite postponement
so we might proceed rightly upon this
question. / believe that it is subject
matter OF great Importance to
this State. If it be right
and in accordance with the
constitution for any gentleman Who
may be chairman of the fish and game |
commission TO be member of this |
Legislature, all right; | have no i'll
feelings at all toward the gentleman
from Winthrop. But if it is in opposi-
ton to our constitution it is a danger
GUS precedent for us to establish
Mr.. CARLETON of Winthrop: Mr. |
Speaker. it is to be regretted that the |
gentleman from Starks CHR. Walker) |
at this late hour in the session has |
just become aware of the danger of n |
member Ct the fish and game commits |
sion being member of this House.
He has sat here for 10 or II weeks I'M
til Il little matter came up the other |
day which crossed him little mite
and since then he has been wonderful |
ly aroused to the extreme danger to |
which the State of Maine as he has |
L
amend bis order. OF course he knows |
that we can get no opinion of the |
court that will be of any value to us |
at this session, so | presume my seat |
is secul~ at least at this session. but |
| suppose his order means that if there |
should be an extra session of this |
Legislature he wants to know whether |
have right to sit here or not. If |
he had consulted any lawyer in the |
State or had read the books he would |
know that l have as good a right To |
my seat here as anybody. But l want |
to amend that order. If we are going |
into this matter. and this is a serious |
thing. and it is an emergency and one |
Of those grave occasions when we may |
ask the opinion of the justices of the |
court for information. | do not want |
to be singled out and made a special |
object and so | want to amend the
order-that the justices of the court |
shall also tell US whether our trustees
of the Insane Asylum. trustees of the |
various institutions of the State. |
members of the cattle commission for |
instance, can also be members of the |
Legislature at the same time. | will |
submit an amendment in writing.
Mr. WALKER: / will say to the |
gentleman from Winthrop that it is
because | have read the books that | |
introduced this order, and if l had not |
read the constitution or consulted with |
any of the legal lights of the State !
undoubtedly | would never have intro |
duced this order. but it is on account of |
the enlightenment which | have re-
ceived that the order has gone in.
Mr. FOSTER of Oakland: At the last |
of the session and on the eve of adj |
iournment. it is hardly fair in my |
opinion to bring up matter like this; |
and | believe that | voice the Senti- !
ments of the members of this House |
when l make the motion to indefinite |
ly postpone the order
Mr.. WILLIAMS of Vinalhaven: I |
hope the gentleman will also include |
the office of land agent as holding |
another office. think it is a good Plan |
to ventilate this thing now, and see |
who is eligible for office in the State |
of Maine.
Mr.. WALKER: accept the amend |
ment offered by the gentleman from i
Winthrop.
Mr.. CARLETON: I withdraw my
amendment
Mr.. LIBBY of Poland: I move that |
| this matter be laid on the table for |
one hour TO give an opportunity for |
preparing an amendment. |
| The motion was agreed to.
PASSED TO BE ENACTED.
An act to amend Section 2 of Chap |
| ter 81 of the Revised Statutes relating |
| to fees of town and city clerks for |
recording mortgages. Grabbed on mo- |
| ton of Mr.. Thornton of AshlandD |
| An act to ratify, confirm and define |
| the charter of the York Water Com |
pany.
An act to prevent ice fishing in Bon /
| neg Beg and o. ponds, situated part |
| " in North Berwick. Sanford and |
Wells in the county of York. |
| An act to establish a municipal court |
| in the town of Pittsfield. |
An act to extend the charter of the |
Waldoboro Water and Electric Light |
and Power Company.
An act to amend Chapter 161 of the |
Laws of 1885. Incorporating the Mount |
Hope Cemetery Corporation.
An act to establish n municipal |
court in the town of Winthrop. |
An act to incorporate the York Beach !