Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-01-24

Mr.. DEASY OF Hancock moved that
the vote whereby it was
Ordered, that the Justices Of the
supreme Judicial Court be requested
to furnish their opinion Of the Con-
stitutionality and Legality Of the law
repating ninety per cent. Of the State
tax assessed upon the Bangor and
Aroostook, and Somerset Railroad and
washington County Railroads,
Second; II said railroads or any one
OF them extend their road during the
life of their contract, would such ex-
tension be exempted from taxation the
same as that part of the road In use at
the date Of the contract
The three contracts to accomnanv
the request"
be reconsidered.
Mr.. STAPLES of Knox: Mr.. Presi-
dent: do not know what the Senator's
desire is in this matter, or his object in
moving the reconsideration of that
vote.
1 introduced that order in good
faith, believing it to be the desire of a
large portion of the legal fraternity of
this State that the decision of the Su-
preme Court. or their opinion, be had
upon it's constitutionality. / am sur
prised that there is anybody upon
either side Of this Chamber who is
afraid to take the opinion of the JUS
tees of the Supreme Court upon this
most important matter to the tax
payers Of the State Of Maine. It has
agitated the people of the State for the
last year and is of great importance to
the taxpayers of the State. and it is OF
great Importance that the question be
settled, and at once, as to the con-
stitutionaiity Of rebate Of IS per
cent. upon free railroads of this State.
1t is serious question whether the
State Of Maine has a right to give
away the taxation of free railroads
without any consideration except the
frivolous one Of their carrying troups
in time Of peace, if we were to have a
war. I know there is unrest among
the people of the State regarding il
and that two Of these roads have asked
for an extension of their lines; and ]
introduced the order for no other pur.
pose but to test the constitutionality OF
it by the opinion of the Justices. We
do not know, and we cannot know, until
VIC SCI ILL OplIlIOIl VI Tic JQSllCSS vi
the Supreme Court whether, wher
those lines are extended some forty.
five miles-as they are intended to be-
whether that rebate will extend to
, those extensions, or not. 1t is but
fairness to the people of this State ant
to the taxpayers that we have al
opinion of the Supreme Court Of tht
State Of Maine; and hope the motor
of the Senator from Hancock will no,
prevail. 1t does not cost anything t.
have the opinion Of the Supreme Cour,
of Maine. They are servants Of the
people; and if We have their opinion II
will settle once for all the legality OF
these contracts. If the contracts art
not legal and have no consideration tc
make them binding upon the State Of
Maine. the sooner the taxpayers know
it, the better. If they are, the sooner
we know it the better; and I can see nc
earthly reason why we should not have
the opinion of the Supreme Court upor
this question.
| Mr.. DEASY Of Hancock: Mr.. Presi
dent. I am not afraid, and I do not
know of any Senator who is afraid t.
take the opinion of the Supreme Cour
upOu Tie QuSSllOll VI TIC COHolilAkkOl
atty of this law; but I am little BIZ
ashamed to submit to the Supreme
! Court a question as to the constitu
tiopality of law when it appears upor
opinions rendered within a few year:
by the court that the court will refuse
to answer.
1t is we'll settled by recent opinion!
Of the court, I submit. that the cour
will not answer questions submitted
by the Senate or by any department o.
government in reference to matter.
where they will be obliged to pre-
judge the rights Of party who is no
represented; and that is true in thi.
case.
Furthermore, the court has decided Il
will not answer a question submitted
| by any department Of government, b,
either Senate or House of Representa-
tives, unless the Senate or House has
before it some measure that is at
fected by the opinion which is sough
from the court. For these reasons
and because in my opinion and the
opinion Of many members of the Sen
ate, the court is not bound to, and will