Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-02-05

Frenchman said: II they DO, let EN- oO'
and if they don't. let EN- don't.
Now this is vastly different thing
from taxing real estate. 1T is not per-
sonal property. 1t Is the human body,
you understand; and when you equalize
the taxes, which I believe in, Of all that
sort of property, that is right. But when
you come to the municipal affairs Of the
town and say to that town that they cam
not ease up, and your circumstances are
such that you can as well as not ease
up, that you shall not ease up. Is wrong
In theory and wrong In principle.
There are different circumstances in
every town; and say. Mr.. President. and
gentlemen of the Senate. in Gods name
give the towns that chance to use those
circumstances for the benefit of their
towns and the poor people that are in
them. 1t is not like taxes upon real es-
tate and personal property. That is tam
gible but 1t is taxes, as I say, upon the
person. ......
In my own town, where we have plenty
of money, and where we have no debt.
and have no paupers and all that sort
Of thing-we do not want paupers. We do
not want those people to come around
begging of the assessors to abate their
taxes. Men do not like to do it. II they
are poor. they have pride. They have
pride in York county. If the circum-
stances are such as that they need the
three dollars, let them demand it; and If
they do not need it in the management
of their affairs, and have poor men that
do need it, let them have that privilege.
The question being put upon the motion
to indefinitely. postpone, the yeas and
nays We're called for and ordered. and the
vote being had resulted as follows:
Those voting yea were: Messrs. Col
cord, Donigan, Gowell, Hamilton, Hast
ings, Knowlton, Lowe, Minott, Staples
(9). Those voting nay were: Messrs. Bax-
ter, Boynton, Eaton, Emery, Howes, Irv-
ing, Kellogg, Looney. Macomber, Mill
ken, Mullen, Reynolds, Shaw, Smith,
Therriault, Walker Warren Wheeler, Wy
man Q9). So the motion was lost.
On motion by Mr.. Staples of Knox the
bill was laid on the table, that senator
stating that he desired later to offer an
amendment to the bill
On motion by Mr.. Hamilton of York,
Senate Doc. IS. AN Act to amend Sec
ton 46 of Chapter log of the Revised
SldlulSS, IGidllIIS " lHe appointment VI
surveyors in real actions" was taken
from the table, the same having been as
signed for today. The same senator NOV
ed that the bill be indefinitely postponed.
Mr.. HAMILTON of York: Mr.. Presi-
dent this bill read:
Section forty-six of Chapter one hun
dred and six of the Revised Statutes is
hereby amended by inserting after the
word action in the second line thereof
the following: Or in an action of tres
pass in which the title to land is involved
as shown by the pleadings fled and also
by adding to said section the following:
The fees and necessary expenses of such
surveyor shall be paid by the county,"
etc.
The substance of the bill is, in
few words, that where a surveyor is
appointed, then the county instead of
the parties litigant, pays the expenses
of the surveyor. Now, that, Mr.. Pres
ident, is just aiding litigation. 1 sue a
man for trespass, and upon the trial
of that party, either party, if the court
thinks wise, appoints a surveyor, and
then the party that loses pays for it,
as it pays for other witnesses. If he
is the prevailing party, why, he is all
right, and this is as it should be. The
only object of this amendment is to
have the county nay where the parties
have heretofore paid; and do not be-
lieve that it is proper that the county
should pay for what is a a witness in
the case-for evidence in the case, but
the parties themselves should pay for
it,
1t is very nice--I do not suppose law
ycrs would do that-to bring a suit
against q neighbor to establish a line,
and so into court and file pleadings
and have surveyor appointed, no
matter what it costs, and then have
established their lines at the expense
of the county. I do not believe in any
such law. The law has stood as 1t is
for years now, and the law is well
enough, and I do not believe in that
change, to take from the parties the
expense, and add it to the counties.
Mr.. WHEELER of Cumberland: Mr..
President: In view of the remarks of
the senator from York, I fear some
members of the Senate, who are not
familiar with court procedure. may
misunderstood the purpose and effect
OIL IHIS EIil.
The law now provides that. in any
civil action, the matter may be re-
ferred by rule of court to a referee:
and such referee decides the case pre-
cisely as it would otherwise be deter
mind by the court, or by the jury; and
the law expressly provides that the
fees of such a referee. appointed I'M
der such circumstances. shall be paid
from the county treasury upon the
filing or acceptance of his report, sub
ject to the approval of the court The
law also provides that in a case in
volving disputed. unsettled accounts
between the parties, the court may ap-
point, on the request of the parties. an
auditor. whose duty it is to investigate
those accounts and report to the court
what balance is due from one party to
the other, and the law provides in
that case that the feees of such audi
tor shall be paid from the county
treasury on the filing or acceptance of
his report, subject to the approval of
the court Now there is a further pro-
vision of the law that, in any real ac
tion--that is, an action brought to de-
termine or establish the title to real
estate, on motion Of either party, the
court may appoint surveyor to run