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


ernor properly, without the assistance OF
his Council, remove a reporter Oh de-
cisions? Talk about solemn occasions! Is
it more solemn to remove from office one
officeholder than it is to vote million
or a million and a half of money to cor
poration?
Let me taken another one: can
sheriff also be a justice of the peace?'
That was submitted under this clause OF
the Constitution to the court and answer
ed Where was the solemnity of that
occasion compared with the one which
we are discussing here today?
Take a recent case. The Legislature
OF 1891 saw fit to submit this question
to the court. A bill had been pre-
scented here for taxing wild lands sepa-
rately and distinctly from other prop
erty at the rate of I think about two
per cent. or at the average rate of tax
alton o. the State That was pending
here Tie wild land people did not
come here then and say, "Gentlemen,
we want a full and fair hearing. Don
shirk ycur responsibilities onto the
court. Try this case on it's merits and
decide it yourselves" They came here
and said, THE bill before you is Of
doubtful constitutionality. Send it to
the supreme court and see what they
say about it, and the Legislature IL
fairness toward the wild land owners
Of the State of Maine sent the pending
/ ill to the court and the court decided
that it was unconstitutional and that
ended it. No more solemn occasion
than that exists today, no more an at
tempt to prejudice anybody than exists
today; and yet no voice from Aroos-
took rang out in protest in these halls
against the court being permitted ["
decide that that scheme of Wild lane
taxation was unconstitutional.
Take another In the goth Maine Re
port You Will find a case where tht
people of Portland, with a bill pending
here FOR the privilege of completing
Vaughan bridge, wanted to find GU
whether the bill would be constitution
al or not, and the Legislature fairl
and rightfully said to them, eve Won,
leSislate on the question until we Kno,
whether we are legislating right ant
the solemn occasion existed. 1usl as |
exists today, for the words solemn oc
casion" have not been construed d
meaning necessarily a crisis but hav,
been construed as meaning a matter 0
Importance and question Of the con
stltutionajity Of the Vaughan bridg,
tax act; and the supreme court decidet
it.
Take another. In 1903 there was be
ing discussed in these halls the cues
ton of the Maine Standard Fire In
sLrance policy, involving the consti.
tutionality of the arbitration clause
and with that bill pending the Legisla
ture out of fairness toward the in
surance companies and in order to 1,
them no injustice, sent the question I,
The supreme court as to whether thos,
contracts containing the arbitratio:
clause We're constitutional or not. Tn,
court passed upon them Was tina
more important than this pendin.
measure? Was it more to the pre1u
dice of the insurance people to sent
that to tho supreme court than it /.
tc the prejudice of the Bangor e. ARGOS
took to send this question to the court? ?
| think not.
Take the last Legislature, the Legis
lature of 1907. Two questions wer,
sent to the supreme court. This Hous,
by unanimous vote of lis to nothins
on a roll call voted to ask the supreme
court whether the present method O
taxing railroads on their franchise,
was legal and constitutional or not. The
House unanimously asked that uues
non. Notwithstanding that the Maine
court have decided the question previ.
ously. and the supreme court nudge.
answered it ana quoted three Maine
cases in giving their decision, so il
would not have been very hard for tn,
Legislature to have ascertained in re
gard to the matter itself except that
members differed little bit aDout il
That went up. You had another bill
III the Senate two years ago, introduced
by the senator from Sagadahoc. Mr..
SeWall, in regard to restricting tho emf
ting of trees on private land and with
that bill pending, and with no idea of
prejudicing anybody, with no idea of
GONG anything but what was right, the
Legislature sent that bill to the su
preme court to inquire as 10 It's consti
tutlonality; and the supreme court in
answering the question rendered a de-
cision which made it famous all over
the country. Never in the history OF
Maine, but once, when the Legislature
asked a question has a court refused
to answer it, and then not by a unani-
nous vote. In the Legislature of 1888,
the question arose as to whether
member of the fish and game commits
sion could legally also hold seat in
the Legislature. The Legislature In
the very closing days of the session
sent that question to the supreme court
The supreme court by majority
vote declined to answer it on two
grounds, first, that it was not of SUI.
hcient Importance, and second, that the
Legislature had adjourned and there
lore their answer could do no good.
but dissenting from that opinion were
Judge Emery, new chief justice of the
State. Judge Wbitehouse, now a mem
Ter of the court, and Henry C. Pea
body, now member of the court, these