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


believe it is entirely within our dis
| erection and that the court will not de-
cline to answer. To those who do not
desire to ask the question of the court
1 make no particular argument. I can
understand the workings Of their minds
perfectly well. They may admit that it
is a serious question and that the court
would give a reply to it, but they do nor
deem it advisable for the Legislature to
adopt these unusual proceedings, for 1t is
unusual in the history of our Legislature
to PROFOUND a question to the court
they may say, and properly say from
their standpoint. that the State has its
own remedies; that the treasurer of this
State can refuse 10 pay this rebate and
so bring the matter up under judicial
process to the court. They could say
that although this provision We're put in
the railroad charters as to the contract
for carrying men, that it was really, and
SO understood by the people of the State
and the members of the LEGISLATURE who
voted for the proposition, a subsidy and
additional aid to the building Of those
roads for which, viewed in that light,
these roads have made a magnificent re-
turn to the State and l do not doubt that
there are some here who, with all respect
to the senator from Knox, feel that pos
sibly this question would have not come
up here in this body if it had not, as
he said to us, been discussed quite free
ly in the last campaign on the stump.
With all those who take that stand
have no argument, but when the senator
from Hancock says that we should not
send up this question because i: is not
pending, as a mere matter of record l
with to say that | believe, if you desire
to pass this question to the court, THAI
1t IS pending in all the sense you need to
have it pending 10 demand of the court
an opinion. A tax continuously paid out
to railroad is certainly subject of
pending interest to the people of the
State; and as for our present Legislature
although we might not get an opinion at
this session, We know perfectly we'll that
the Legislature is a continuing body: and
If there be other reasons in the minds of
the senator's to warrant passing it on to
the court, l believe it would be pend
ing question in the fullest sense of the
Word-a continual payment OF the taxes
and a continual session of the Legisla-
ture. Moreover, it would not be a decision
rendered against the roads, if the propo-
sition were propounded, for 1 think that
the senator knows perfectly well, better
than l do in fact-that it is in no sense
as an adjudication that the opinion is
rendered, and binds neither the Legisla-
ture nor the court.
Now the limitations upon our powers
here in the legislature. Executive and
Judicial, are defined but there is one in
vasion of our prerogatives which think
ought to be rebuked sooner or later We
know we have laws upon our statute
DOCKS which we owe to the Cnf1uenca
perhaps to other departments of our
State administration; and it is often said
and will be said in this I.egislature-per-
haps in this body before we adjourn.
when a question is pending, that the SUI
premo court will render an adverse de-
cisior-that the supreme court will de-
clare such measure unconstitutional 7
have heard. during my legislative expe-
rience. members declare that they have
court who expressed himself to such and
such an effect. I believe that is the most
dangerous form of influence of one de.
partment upon another department OF
our State administration; while here we
have clearly defined constitutional pro-
vision which should allow and which does
allow us. if We wish to pass on n cues
ton to the court. While we may decid.
not to do it, / think it lies in the mouth
of no man who assumes to quote the
opinion of the court upon any proposition
before us. to refuse to act in this clearly
constitutionally provided manner. Tho
court itself would not decline to answer
in regard to any question of law which
concerns the interests of the State. The
court, in replying. would be our servants
and not our masters. I shall not vote
with the senator from Knox in sending
this question up to the court; but I do
not do that because i believe we f,ayc
no right to do it, that my vote TO indefi-
nitely postpone should not be miscon-
strued as vote which would Indicate nv
sympathy with certain expressions made
here that we have no right to propounfl
such question to the court and that. if
We did so, the court would refuse to an
swer. make the statement which have
for there may be questions come I'D here
which we may wish to submit to the
court against which the same argument
could be used as regards the fitness of
the occasion or the propriety of reference
as have been made in the present case.
and / wish to keep open for the Senate
that power which we have given to us
and to put no limitation on it by any act
of mind that can possibly be mascon-
Strued
The question being put upon the motion
or the senator from Hancock that the
consideration of the order be indefinitely
postponed. the yeas and nays were called
for and ordered and the vote being had
resulted as follows: Those voting yea
were Messrs. Aver, Bailey. Barrows,
Brown, Clarke. Deasy. Eaton, Hastings,
Houston. Irving, Libby, Mills, Page,
Parkhurst. Putnam, Heselton. Rice,
Sewall. Simpson. Stearns. Tartre, Their
ault and Wyman-23 Those voting nay
were Messrs. Curtis. Foss Garcelon.