Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-24


How such suits could be conducted,
with the incidents in respect to dis
covery, the right of parties to testify.
and to call the opposite party as
witness, without interfering with the
rule as to private communications pc
tween the husband and wife, 1t is not
easy to perceive; and the consequences
which would follow in respect to pro-
cess for the enforcement OF rights fixed
by a judgment, arrest, imprisonment,
charges of fraud, proceedings in IN
vitum under the insolvent laws, ana
the like, are not Of a character to be
readily reconciled with the marital re-
lation.'
And it seems to me, Gentlemen OF the
House, that we ought to indefinitely
postpone such legislation as this, ana
1 therefore move, Mr.. Speaker, that
this bill be indefinitely postponed.
The motion was agreed to-
Special assignment: Majority and
minority reports of committee on le-
gal affairs to which was referred Bill
to provide for the attorney general and
assistant attorney general to take
charge of the legal prosecution upon
failure or refusal of the county attor-
ncy to perform his duty, reporting
fought to pass and Ought not to
PASS
Mr.. Marshall Of Portland moved that
tie report of the majority ought not 70
PASS be accepted.
The motion was agreed to.
Special assignment: Majority and
minority reports of committee on tel
egraphs and telephones, to which was
referred the bill to protect the rights
of holders of preferred stock OF tele-
phone companies, majority reporting
ought not to pass" and minority re-
porting fought to pass"
On motion of Mr.. Smith of Biddeford
both reports were laid upon the table
and consideration of same postponed
until tomorrow morning.
Special assignment: Majority and
minority reports of the Portland dele
cation to which was referred bill to
make permanent the tenure Of service
IF the janitors and engineers OF the
public buildings Of the city OF Port
land, majority reporting fought not to
pass" and minority reporting fought
to pass"
The pending question being accept
ance of either report
Mr. Rounds of Portland moved that
the report Of the majority be accepted.
The motion was agreed to-
Spscial assignment: Majority ana
minority reports Of committee on le-
gal affairs to which was referred bill
to authorize cities and towns to permit
the use of lunch wagons on public
ways, majority reporting fought to
pass" and minority reporting fought
not to pass
Then pending question beng thesa
ceptance of either report
Mr.. Pike Of PASSPORT moved that the
report Of the majority be accepted.
The motion was agreed to.
De Forrest Reyes.
Special assignment: Resolve in ia
vor Of DeForrest Reyes.
Mr.. PATTANGALL of Waterville:
MI Speaker / dislike to tire the House
at this late hour by even brief remarks
with regard ia this or any other mat
ter, but the matter is too important
think to pass over without word. and
if the House will bear with me l will
explain as briefly as I can the reasons
which have for making Il motion to
indefinitely postpone consideration of
this resolve.
This resolve takes from the treasury
of the state of Maine $4,000 at the
present time. 1t has been reported, 1t
is true, favorably by the majority or
tic judiciary committee, and there
fora comes; to the House in good stand
ing Nevertheless. l believe, there are
sound reasons which will appeal to all
of us why this resolve should not pass
In the first place, to take money out
of the State treasury there should be
either legal grounds for the payment
or strong moral grounds. take 1t that
nobody has ever argued that the State
of Maine legally owed DeForrest
Reyes anything. You are all familiar
with the story of the attempted pur-
chase of State lands by DeForrest
keyes. It has been told to all of you
so many times during the session that
| should waste time by rehearsing it,
but in sentence it is this: Some years
ago. in 1902 I think. gentleman came
here from Buffalo, attracted by the ad-
yertisement of tax sales of wild lands
through Maine, and bought from the
state whatever claim the State had on
certain timberland: he could buy moth
i.lr else, for the State had nothing else
to sell. He took no warranty deed. took
no guarantee of title; he took Quit
claim deed, a tax title from the State
of Marie to various properties. and ne
knew it when he took it unless he was
an absolute imbecile, for no business
man buying property, capable of buy
ing property ever mistook tax deed
for a warranty deed or believed that
ever in a tax deed lay guaranteed
title. Now. say that on that bare
and that cannot be gam
said by anybody. That bare statement
establishes the proposition that De-
FORE st Keyes had no legal claim
against the state of Maine. and new
er have heard it argued that he did
have a legal claim against the state
of Maine for one dollar. II I am right
in that statement, then he has only
claim to recover the money from the
state through us, and there is no court
t. which he can go except the General
court. the Legislature He must recoV-
err it through us If through anybody.
but the only claim is that it is moral
clain and that has been urged upon