Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-01-29

President. l do not understands am
mot an attorney. so that if am wrong
you will pardon mel do not under
stand that the judiciary committee has
the power to determine upon the con-
'stitutionality or unconstitutionality of
this law. even if it is referred to that
committee. 1 think the license act that
the; senator from Hancock refers to
was referred to the judiciary commits
tee. Now. even if it were unconstitu-
tional do not see how you are going
to help it by referring it to that COM
'mittee. If 1 understand it, it is the
decision of the supreme, court of this
State that decides upon the constitu-
ltionality of these questions; and l hope
the motion of the senator from Penob-
scott will prevail. and that this bill
will be referred to the committee on
mercantile affairs and insurance.; and
we shall be very glad to have the sem
ator from Hancock appear before US
and give us information on this point,
and show us wherein we need informa.
ton.
Mr.. STAPLES of Knox: Mr.. Presi-
ldent, l am surprised at the turn this
hill has taken. 1 apprehend that we
all desire to know whether that bill is
Unconstitutional. If / had a question
lof insurance and l wanted it investi-
Igated, would refer it to the insurance
lcommittee. But this is entirely legal
laffair While the insurance commit
Jtee are gentlemen of intelligence, they
are not supposed to be versed in the
law. and l am always little skeptical
when a committee wants to take
lcharge of certain measure. l do know
that matter almost like this bill, the
matter Of uniformity of legislation,
where they only present the committee
two matters-the matter of negotiable
instruments and the matter of inSur-
ance-the arbitration clause in Maine
insurance policy-is before this COM
mittee on judiciary. l do know that
this matter introduced by me the other
| day and attempted to, be referred to
the committee on judiciary was tabled
in the House by a member of the judi
ciary committee. 1t does seem to me
| that this matter-as the senator from
| Hancock has said-iS a most important
one. 1t affects the rights of every liv-
| ing person in the good State of Maine,
| today; and that matter should be con-
| sidered by men who are versed in the
| law. as to whether it is constitutional
or not. Take away the right of trial by
jury! Why! the senator from Cumber-
land says that the supreme court is
! to pass upon it in the end. 1t may be
| true, but the judiciary committee can
report to this body whether they think
lit is constitutional or unconstitution
lal-they are capable and learned in the
law. The insurance committee is not
supposed to be versed in the law. Now
I want to be fair about this thing. Let
the judiciary committee have it in the
first place. We don't want to divide
this bill-send one to the committee on
the judiciary and one to the committee
lon insurance-because, in the first
place bill similar to this on uniform
ity of legislation, has been sent to the
Judiciary. Now, let them have the
whole thing and not divide it up be-
tween the committee on insurance and
the insurance committee-then it will
come back here to the House, and if
the insurance commission think that it
lis constitutional and want to ques-
ton that matter. we will have it right
before the Senate. But I,Want it to go
to the judiciary committee because
which the people, today, are looking to
this Legislature to have determined
the constitutionality of it, and while, in
the wind-up, the supreme court is the
final judge and not the Judiciary COM
mittee. yet that committee can tell us
upon investigation, by comparing it
with the constitution, and with the de-
LESSONS of the courts of this State,
whether it is constitutional or uncon-
lstitutional; and l hope that the mo-
ton of the senator from Penobscot
will not prevail.
/ Mr.. GARDINER of Penobscot: Mr..
President, do not understand that the
merits of this particular bill are under
discussion, but simply the matter of
reference.I understood, from the sena-
tor from Kennebec, the other day, who
WAS chairman of the judiciary-or in
probably be referred from that COM
mittee on mercantile affairs and insur-
ance when they have the bill for con-
sderation feel weak in the law, and
think they have bitten off more than
they can chew, can then ask permission
to refer to the judiciary: but / think
the matter should first go to the COM
nittee on mercantile affairs and insur-
ance and | hope the motion of my
colleague, Mr.. Stetson, will pravail.
The question being put upon the mo-
ton to refer the bill to the committee
on mercantile affairs and insurance,
the Chair declared the vote doubtful
and thereupon, on motion by Mr.