Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-02-13


journment yesterday the House had
under consideration the order request
ing the opinion Of the justices of the
supreme judicial court on taxation of
railroads. The gentleman from Booth
bay Harbor (Mr. Baldwin, moved a
reconsideration of the vote whereby
that order was passed, and the gentle
man from PASSPORT (Mr. Pike raised
point of order that the House had
waived Rule As in passing the order
last Friday. Without passing upon
that question the Chair will say that
the point of order is not well taken, for
the question before the House is
whether the House will reconsider the
vote whereby the order was passed.
The question is on the motion to re-
consider. The gentleman who made
the motion. | should say. assumed that
the gentleman from PASSPORT is cor
rect in his sunpostion, that we waived
Now the question is upon the vote
whereby the order was passed. l will
say that under Rule 45 this order would
have lain upon the table over one day
for reconsideration, but as it was not
noticed and was acted upon by the
House, the vote giving the order pas
sage now comes up for reconsideration;
and that is the question before the
House at the present time.
Mr. PIKE-Mr. Speaker. | rise to a
point of order. Under the rules of
parliamentary procedure governing
this House ] notice that Rule 40 says,
when a motion has once been made
ard carried in the affirmative or maya
tive, ii shall not be in order for any
member who voted in the minority to
move a reconsideration thereof; but
any member who voted with the ma
jority, or III the negative on a tie vote,
may move to reconsider on the same
or succe. ding day" Now l submit,
Mr.. Speaker, that three days ago this
order WAS given passage, and that
it is now not proper under the rules
to reconsider it. This is-not unfinish-
ed business within the meaning of Rule
81; and 1 therefore submit this point
of order and ask the Chair to rule upon
1t.
The SPEAKER: The Chair will
say to the gentleman from Eastport
that under the rules of this House Il
motion may be made to reconsider at
any time during the next session. The
next session from last Friday would
be yesterday. That motion was
made within the time prescribed by the
rules. and It was pending at the time
of adjournment. The Chair rules that
it is in order to be considered at this
time. The following day under the
rules means the following legislative
day.
Mr.. PIKE: Mr.. Speaker, as under
stand it the question is now on recon-
Sidering the vote whereby the order
was passed. and ! rise to raise my Oh
lection To its reconsideration. | in
troduced this order under Article &.
Section 2. of the Constitution Of this
state which reads as follows: TIL,
justices oc the supreme judicial court
shall rc obliged to give their opinion
un"n i.uuortant questions Of law AMI
uuon solemn occasions when required
by the Governor, Council, Senate. or
House OF RepreSe natives" so this IS
Il matter that the House Of Rcpresen-
tativyS can submit; a. the supreme
court without the concurrence of the
Senate.
Now that it is an important question.
I think that no gentleman can differ
with me. A question that affects 50
vitality The interests of this state is al
important question. Now it logically
follows. is it an important question of
law? ] submit that it is. The case of
Maine VS.. the Grand Trunk Railway
decided that a franchise tax was con-
sttutional. But that has nothing to do
with the constitutionality of this pres
ent statute. I will read the statute
regulating the tax of railroads in this
State: Every corporation. person or
association operating any railroad in
this State under lease or otherwise,
shall pay to the treasurer of State, for
the use of the State, an annual excise
tax. for the privilege of exercising It's
franchises and the franchises of its
leased roads in the State, which. with
he tax provided for in Section of
Chapter g. is in place of all taxes upon
such railroad. its property and stock"
Now, Mr.. Speaker, Article 9. Section
8, of the Constitution reads as follows:
'.All taxes upon real and personal es-
tate assessed by aut hority of this State
shall be appOrtioned and assessed
equally according TO the just value
there Of" And / submit, Mr. Speaker,
that a statute of this State which says
that franchise tax shall be assessed
but says that the property of Il road
shall not be assessed according to its
just value as the Constitution provides.
is unconstitutional. The question has
never been settled by the courts: and l
submit that it is a proper question for
this House to present to the supreme
court. / know Of no legitimate objec-
ton to this order going to the SUI
preme court There cannot be any. 1t
is certainly 4 question that is not SET
tied. And l ask that the order have a
passage ana object to its reconsidera-
ton.
M. MILLIKEN of Island Falls:
Mr.. Speaker. i don't understand that
if the motion to reconsider the vote
whereby this order was passed. should
prevail, it would necessarily mean that
this House would finally refuse to give
a passage to the order presented by the
gentleman from PASSPORT, nor would it
mean that they who voted to recon-
slider the passage of the order were