Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-02-01

SINH ny the language OF the act. If the
contracts are valid as to the main road
they are valid as to the extension; and if
they are not, We cannot make them
valid.
Further. Mr.. President, I do not be-
heve the time has come when the people
or the State of Maine want to repudiate
their obligation: and for that further
reason because the people are not ready
to repudiate their contracts entered into
solemnly, I object to the passage Of this
order and l renew my motion for it's IN
definite postponement
Mr.. STAPLES: Mr.. President. I have
great respect for the honorable senator
from Hancock but have been somewhat
surprised at what he has said. I can
have but little doubt as to what his opin-
ION Is in regard to the constitutionaNty
repudiate contract. 1t is always right
70 repudiate an illegal contract; and that
he knows as we'll as /. Now in this mat
ter, regarding the extension-if this is a
legal contract, made under a vote of the
Legislature, rebating them for'2O years.
1 apprehend that he and I would not diff
fer :hat the extension of Jos miles which
they ask for this year-this rebate will
apply to those extensions as well as to
the original road. do not think we Will
differ about that, and / say: For thai
reason alone let us know whether does
or does not because the question is aris-
ing in the minds of good jurists today
whether it does or not extend to them
L do not see any great harm in submit
ting this matter. In 1891 bad the honor
of being member of this body. / was
here all alone in 1891 and I had all
could do without looking out for a Re-
publican measure and did not pay spec
lal attention to this one and I did not
know until after the Legislature was ad-
journed that it was passed-it was done
so suddenly and so quietly at that time
But no matter about that. The question
Is: Is is fair proposition to submit
this to the supreme court? Have you
any doubt but that this is a grave and
solemn question? These contracts for ex-
tension are being asked for today. I
trust that no harm can be done and it
will settle the matter in the minds of the
people. If it is valid contract 1 will go
as far as the senator from Hancock in
upholding 1t; but this is not a legal con-
tract in my judgment and 1 think is is a
solemn occasion; and I ask to have i.
submitted to the supreme court of the
State of Maine
Mr.. SEWALL of Sagadahoc: Mr.
President, if it had not been for two or
three observations on the part of tn,
senator from Hancock, I should have
peen content to have remained silent in
TINS discussion. I am very glad that
after the armed truce of three or four
days the senator from Hancock has
Drought out the senator from Knox from
pehind hls Notifications with which his
| desk has been encountered; and I am
sure there is no member of the BODY
| who does not sympathze with the sena-
Tor from Knox in his efforts to have
combatted single-handed the Republican
party of the Legislature, in the I.eeis-
nature OF 1865. and We extend az great p
sympathy TO him in that matter as We
90 Ill his attempt to combat his own
party in the present Legislature.
The question that is presented TO nc
mere Is not, to my mind. so important in
the disposition of the immediate subjec.
| before Us as it is in the precedent that
we may establish. For my part. havinr
| given some consideration to this oues.
| tIon since the senator from Knox intro.
| duced the order asking for an opinion Of
the supreme court upon it. feel COM
| parauvcly indifferent to the action Of
| this body iE the treatment of that o,rle.
but l am very strongly of the opinion
| that, If the Senate should ip1efnito,,.
postpone the order of the senator from
NhoA on some OF the grounds advocated
by the senator from Hancock TODAY. and
more strongly advocated the last fin, a
ne addressed the Serate on the suhiec.
That we would establish an embarrassing
precedent and we would limit the con-
stitutional right Of this body or of tho
other body of the Legislature and of the
Council to ask of the supreme court its
opinion upon any question of law 40
this Is confessedly. and any question that
concerns the interests of the people of
the State as this question concerns them
think that whatever action that We
may take upon this order, it ought to he
established-and for my part I wish to
go on record to this effect-that this is n
question which is within our legislatsvo
discretion to ask Of the supreme court
and that the supreme court would neither
have the right nor would it have the
inclination to refuse to answer. am
aware of the seriousness of the question
L think there has been no such serious
question before us at this session. +
think. If anything were needed to i'm
press this body with the fact that this is
solemn occasion. the learned arguments
we have listened to would establish tha
fact. 1t is a solemn occasion, perhaps
i'll more senses than one for anyone who
has studied the opinions which have been
given by the court Of this State in an
swering the questions propounded to it
either by the Council or the House. n,
Governor or the Senate No one can fail
to note that the theory that the court can
be the judge of the solemnity of the &C.
casion is a theory comparatively lately
established If it shall be established.
and has been expounded and enlarged