Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-03-14
MAINE LEGISLATURE.
'(Continued from Page Four)


that it can properly be called n local
purpose.
These are practically the only cases
where the question has been discussed in
the various states.
Judge Mattocks for the CITY CT Port
land quoted Cooley on Taxation as
authority for her right to give the money.
but had he turned to page go of the
same author he would have found this
language, "for a single locality to as
sumo to tax itself, or If a state were to
undertake to tax it for the construction
of a state work or the erection of n
state building. no one would hesitate for a
moment in saying there was no such
right, and there could be none as long
as taxation by the fundamental law is
required to be laid by fixed rules not sub
ject to the caprice of legislative bodies"
As previously stated an ANALYSIS OF all
the cases holding that such taxation is
legal and constitutional shows that they
are based upon provisions of the consti-
tuition differing essentially from the con-
stitutior, Of Maine, or upon the fact tina.
there is no prohibition whatever in the
constitution, and also shows that where
ever the constitution of any state pro-
yides, as does that of Maine. for tho
equal assessment according to the Just
value of the property, the Courts have
decided that such taxation is unconsti-
tutional and accordingly if the enabling
act was passed by the legislature grant
ing to the City of Portland to pay out of
its city treasury any part of $4,000. it
would be imperative because unconsti-
tutional and the attempt to carry such
legislation into effect would be enjo.ned
upon a petition to our Supreme Court.
This rule is settled in Maine.
This view of the law is not fanciful and
limited to the attorneys interested for
Augusta in this matter. 1t is too well
Established to have escaped the notice of
the distinguished lawyers and eminent
jurists who live in the city of Portland
It's effect was evaded by Judge Mat
tocks at the hearing before the commit
tee by the suggestion. the courts will
take care of that. and no one will be
hurt if the court decides that the offer
made by Portland in the first Instance
was illegal" This position taken by the
distinguished judge was simply con-
fession that this offer was 4 gold
brick and an avoidance of its effects.
1t strikes me that it can be fairly as
sumed that it was 4 bait to toll on tho
credulous people Of the Stace 50 that the
beginning of this structure might be-
made and then they would realize the
actual cost, but too late. Once have the
building 'staked out then thCsc gentle
men knew that they could induce the
State of Maine to construct it. They sure
~ appreciate the fact. if the citizens of
ha St1ta NJ Maine mr.. I r.l
to this enterprise then no matter if the
courts dill enjoin them from paying this
100000 they could possibly justify the
trick by plausible statements such as
they had done. their best; they had got
Legislative authority; they intended To
carry this Legislative authority in execu-
ton. but they were prevented by the
courts OF the State; 1t was not their fault
but their misfortune. and the State of
Maine could not consistently 90 back up-
on the suggestion of its citizens to erect
this capitol to protect its future Legislators
and to adorn this beautiful city becausn
of the miscarriage of their proposed gen
crosby The result would be accomplish
ed: what would it matter if the People
did pay for the structure and the con
structior of good roads and the advance
people would soon forget.
This is picture Of Pontland's first ap.
pearance in this Legislature before thu
Committee on Public Buildings asking for
legislation to change the capital, holding
in one hand the picture of Il Southern
capitol and in the other, the "goll-brick
in the shape OF the vote Of the City Gov
eminent, Illegal on its face.
Now by the proposed act which is pre-
scented by five members Of the committee
on Public Buildings, two Of whom are M
reality citizens of Portland. and one ::
citizen of the County of Cumberland, We
have new line of proposals. but om-
bracng in one proposition all that Port
land expects to do, furnish the lot fol
the site of this capitol and in addition
thereto pay $4,000 for the use of the
State in eXcavating and grading of SAID
lot and in the construction and equip
ment of the capitol thereon" She has
until the first day of November 1907 Z
make good her proposition, but In IN,
meantime she desired the approval Of tn
majority of our citizens on the first Mon
day of June 1907 through special e.ec'
ton called and held for the purpose 81
a vote on this question. She argues
again that if she does not raise the $40,
600, then no one will pc hurt, because tn,
commissioners appointed under this aci
will be prohibited from taking any action
towards building this capitol
Upon promises not upon conditions
an offer based upon promises not ever
backed by legal Grabbing act authoriz
ing them to pay one cent? the state OF
Maine is to be forced into Il politica
struggle and obliged to so to the greal
expense of political election for tn
purpose of seeing whether 1t Will b.
committed to this scheme instituted and
promoted by a few prominent citizens OF
this great city of Portland, no doubt b.
hcving that induced by this hope of get
ting 50 many thousands Of dollars out OF
the city of Portland, the voters of IN.
State would commit themselves to thi-
scheme and thus two years hence, fail
ing to carry out the plan of this bill, anc
ut the same time obstructing the lease
or construction of any suitable Offices