Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-02-04

iiiioceIl enough now to believe that
this is not political move on the part
of my friend from Waterville. He is
too generous, he has too great a
knowledge of the law, he has been too
long legislator, he has too many in
terests in the great paper that he rep
resents, to play politics in this House.
or ought to have; but he has introduce
ed this order as he had a right to do
into the House, and how should We re-
ceive it? This bill to rebate the taxes
OF the B. & A. road, after it's labor in
the senate has passed to the commit
tee, the proper committee to consider
IL. what is our duty towards it? 1t
Is to give that committee an Oppol-
tunIty TO decide the matter, it is re-
spect to ourselves and proper re-
spect TO that committee that it should
go to them; and no case that has been
cited here has ever gone so far as TO
be sent to the court before there has
been some consideration by the COM
mittee and some intmation from the
committee that they are unable to de-
eide the constitutional question in
volved.
After introducing this bill I think I
tbii SdlCly Sdy lIldl nave not DtSfl
busy about this affair since but / have
had my eyes open, l have been looking
and listening as to the effect of that
bill. l hope l shall never be Indifferent
to the sentiments that surround me
in any public matter and / find this
appearing in my own mind that if we
should vote here by a majority vote TO
rebate those taxes, with the present
depression of business that exists in
this country and the agitation that is
taking place, even the financiers would
not care for this bill; they would not
want to put their money in here under
the circumstances. There is feeling
in this State against it. Anybody can
see it; and financiers would be foolish
to my mind to invest under the cir
cumstances and undertake to push
against the will of the people here a
measure of this kind for the opening
up of that country on rebate of
taxes. And believe that the commit
tee who have that in charge will be
told to report that it ought not to pass
or to drop it. We shall never have a
chance to vote here in regard to H.
Now if that be the case, and l think it
will be, there is really no need for re-
ferring this to the Court, for this rea-
son-that it only applies to this bill. 1t
does not apply to anything in the past.
and certainly we should not ask the
Courts opinion when there was moth
ing here for them to answer upon: and
if the committee need any assistance
in determining the cOnstitutionaity of
that act | know of no man in the Leg
iSlature or the State who is better pre-
pared by education and elOquence to go
before them and show them that it is
unconstitutional than the gentleman
from Waterville. l myself think, there
fore, that this order is premature, that
it is unnecessary.
MIR. BIGELOW of Portland: Mr..
Speaker, the gentleman from Houltun
appeals to the House and asks that
this case be not prejudged. 1t seems
to me that is a fair proposition. The
gentleman from Waterville, on the 9TH
er hand, claims that this Is a solemn
occasion, and that he and others here
being in doubt as to the legality OF this
question should submit it to the
supreme court for decision. 1t seems
to me that there IS also logic
lIllll III lIle pOSlllOIl lItl HS Oc-
cupies. Now l find myself IN the mid
die Of the road. 1t seems to me that
the gentleman from Ellsworth and the
gentleman from Camden have both
stated as an initial proposition that
they did not desire to prejudice this
case or prejudice the committee against
the pending measure, and I presume
net to prejudice the Legislature against
it; and yet they proceed to discuss ii
and one of them tells you what he
intends to do and the other gentleman
tells You why he has done what he has
already done. Now, Mr.. Speaker. / dc
not believe that this House wishes to
prejudice the hearings before this com
nittee. | myself am not prepared to
declare where ] stand on this matter
because | have not heard the evidence.
am not a lawyer. All these other
gentlemen who have spoken are law
yers They know what is legal in this
matter ana it seems to me outside of
its legal aspect that the fair thing to
do is not to PREJUDICE the case. If we
vote on the pending motion of the
gentleman from Houlton we proceed
Immediately to PREJUDICE It. If we vote
on the OTutE 1lStIl as presented DE lilr
gentleman from Waterville we also per-
haps in Il measure PREJUDICE it.
Now for myself l would like to see
this order temporarily laid upon the
table. l would like to have a hearing
take place and then following the hear
ing, if the bill comes before this House
for consideration upon it's merits if
there is any gentleman or any number
Of gentlemen here who desire TO have
the legality of this question passed
upon by the supreme court / do not
hesitate to say that in the interest of
justice and fair play. in order to con-
vince them as to what their duty might
DC, l should be perfectly willing that
the measure should go to the supreme
court for a decision, because If the act
is illegal we of course do not want to
pass it 10 matter what other Legisa-
lures may have done, and il 1t Is legal
why, then, we want to pass it, perhaps.
Now, Mr.. Speaker, l move as a mid
die of the road course that the order
lie on the table. That motion I be-
lieve takes precedence over the motion
to Indefinitely postpone. l move to lay
it on the table, temporarily postpone
its consideration. and later II the mat