Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-03-20
MAINE LEGISLATURE.
CONTINUED from Page Two.)
be taken and taken logically to pro-
tect US against hasty legislation.

Under what does the President of this
body claim that it is not necessary? He
says we must have it, under this Rule
II. II | have succeeded in establishing
anything, / must have succeeded in es-
tablishing the fact that this first read
ing Of any paper has nothing TO do
with the bill. When it comes to us Tor
first reading, the title must be stated
to the Senate so that we may know
what is before US and If il We're TO fol-
low its legal course instead Of the
Chairs propounding: Shall this bill
take It's first reading?" The title should
be read by the clerk and then there
shall be made motion from the floor
that this bill be given its first reading.
That we do not thus do 1t is simply be-
cause we recognize that. where there is
no objection. ii is futile to require or
oblige technical things; but, when
there is objection, it is a right which
the people have every single step
voted upon and 10 demand that pro-
ponents Of the legislation shall be pres
ent and that they shall have major
ity for every single step from tn.
timely adoption Of the report Of the
committee through the first reading,
the second reading. the passage 20 be
engrossed and the passage 10 be enact
ed, shall every one BE- supported by the
ma jOrity. In this Instance one import
ant stage was not so supported and t.
you change the rule it outTages every
rule Of proceeding that has controlled
this Legislature since the establish
ment Of our Constitution.
Let me approach the second qunstio
as to the effect according to Cushing Of
an adverse vote; and here I may re-
trace the steps Of the ,rn3to: from
kennebec. but such cool to;.tr;"" viii
not harm the Senate if t..-t lave t
twice. In Chapter S34. Section 49,, We
find this significant Paragraph which
succeeds the section which have prev
i0usly read. 1t does not in TENS apply
to aids Of procedure bur ii docs lv its
| reference to a preceding section which
contained the rules according tp mod
ern practice, apply directly L. modern
practice; and what does this say?
"A bill having been received as above
mentioned, ii is then in order to move
| that it be read, or. which j. the same
thing. that it be read the first time If
| this motion is decided in ti'H affirmative
the next step is to fix the the IN which
the first reading shall take place: if in
the negative. the bill cannot be read at
| all, proceeded with any further; be-
cause no subsequent Strp IN the PRO-
ceedngs can be taken but i'll regular
course, and a question once decided in
| the negative cannot 10 renewed in the
same session of parliament. The mo-
ton for the first reading need not be
made on the day on which a bill is re-
ceived. but may b" regularly made at
| any time afterwards. In the meantime
the bill may be suffered to lie without an
| order, or the house may order it to lie
| on the table, generally, or to lie for Il
| certain number Of days before being
p! read"
| Every senator knows that if we def
| initely and legally decide in the mega
| tive, = question cannot be brought up
here again. If il could be, why should
We require a motion to reconsider and
a motion to reconsider within q hours
| should be allOwed-that is a concession
to the possibility of changing a mega
| tive action; and that concession having
been given. no other should be employ
| ed
| The suggestion that the rules of the
| House of Representatives at Washing
| ton, of Congress can step in here. and
| against our established practice, be re-
| gardad as reason for overriding our
| rights is preposterOus. Mr.. Asher Kinds
| enjoys the reputation of being one of
the ablest. if not the ablest parliament
| tartan in this country. l yield to no one
| man on the floor Of the Senate in my
| respect for his abilities: but do de-
| clare that between Friday and Tuesday V
| morning, tn Washington, it is not pos
| sitle to lay these questions before him
| and to so acquaint him with this sub
1ect matter and to make him know the
| facts. so that he can pass a conclusion
which we should accept in advance OF
| our own idea Of what is right. / trust
| the Senate will look at this matter as
| It relates to us. and will not sustain the
| Chair in his unfavorable ruling
| Mr.. CLARKE Of Lincoln: May I ask
| the senator from PenobScot n question?
| Mr.. PARkHURST: I will attempt u
| answer any question which the senator
| from Lincoln may PROFOUND
| Mr.. CLARKE: You have been
| member of four Legislatures have YOU
not?
| Mr. PhRKHURST: It is a matter Of
| record. Mr.. Clarke. l should not at
| tempt to dispute it,
| Mr.. CLARKE: Has there ever o2-
| CURED. during your entire legislative
experience. have you ever heard of, or
| do you know of anybody else who has
ever heard or known Of single in
stance in which a bill ever took its frs:
| reading upon motion, after the accept
| ance Of the committee report which ii
accompanied?
Mir. PARKHTRST: IN reply to the
question, l will state To the senator
| that | do not have within nv memory
at the moment. any occasion when
such first reading has been required.
Neither have I. within my memory as
member or as a spectator seen any
measure so completely infamous as this
one; and therefore there has not been
| the same occasion to require specific
direct. progressive action in every in
stance. (Applause)
Mr.. MERRILL of Cumberland: Mr.
President. l am very sorry to hear the
senator from Penobscot talking about
infamy in connection with this matter
! would say as regards the point that