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

Republican measures in this Legisla-
ture that look to the interests of the
State and to forget for the time to
play the game of politics; but the gen
tleman from Waterville never forgets.
He never forgets to play the game of
politics and to play it all the time;
and knowing that I can understand
why, when this measure has been be-
fore this Legislature and been referred
to the proper committee, before the
committee had had it's hearing and
before it had considered it, before this
House had an opportunity to investi-
gate the case, he presents an
order to refer this matter to
the supreme court of Maine;
and so this is the "solemn occa-
sion." this is the great question OF law
contemplated by the Constitution that
should take it from us to the supreme
court Now if the gentleman did not in
tend to play the game of politics it seems
to me he could at least have waited to
see what the Legislature would do with
the bill. OF course if the bill does not
pass, all this fuss and feathers goes for
naught. You might just as well put an
order in that so measures before this
LEGISLATURE should be taken to the SUI
preme court. You might as well put in
an order that the bill on women's suf-
frage should 60 there, and with just as
much sense. And the same thing IS true
of the bill presented this morning by the
gentleman from Yarmouth shall not
discuss that now-that this Legislature
shall in advance give it's opinion on
mooted questions, upon matters pending
before this Legislature l say after TINS
Legislature has enacted that law, if we
do enact it, it is time enough then 10
ask the supreme court its opinion on
the matter; and until that time comes
Mr. Speaker, that the business OF TINS
House may go on, that everybody may
have a fair chance for hearing without
prejudice to their rights, have fair open
and public hearing on this bill, l move
that this order be indefinitely postponed
Mr.. PATTANGALL of Waterville: Mr..
Speaker, I think it would have been OBJ
yious to men accustomed to occupy seats
in this assembly that the gentleman from
Houlton chr. Hersey) was a new men,
Der had he not so stated, because it has
been the custom for many years in this
House in discussing questions of public
policy to avoid impunging the motives
of members who present orders and bills.
Had the gentleman had that experience
which undoubtedly his constituents will
see that he does have in the future, he
might have conceived the idea that that
order was presented in just the same good
faith in which he presented his motion to
indefinitely postpone and not from mere
desire on my part to play politics; nor,
| l think, would he later in his legislative
career, when he has been here longer
| and is more impressed with the duties of
| a representative, have INDUCED in that
little bit of horse play about the gentle
man from Camden forgetting to consult
| with the gentleman from Watervile.
| So much for that portion of the gentle
mans remarks Now with regard to the
| merits of the matter. 1t will appear to
any member of this House who takes
pains to look over the record of past Leg
| islatures or to read the Maine Reports
it'll which the gentleman from Houl-
| ton, being a man extremely learned in
| the law is familiar, that the order pre-
| scented by me last week for the considera-
| ton of this House is not an extremely
novel proposition. The gentlemen who
framed the Constitution of this State and
l.
and probably did not all live in the city
| of Waterville, provided by Section 3, Al
ticle 6, that the justices of the court
should be obliged to give their opinions
| upon important questions of law and
| upon solemn occasions when required by
the Governor and Council or House of
| Representatives or the Senate. Some 60
times since Maine has been a State that
constitutional right has been invoked.
Twenty-eight Legislatures during the
time that Maine has been a State have
sent questions of law to the supreme
court for its consideration in spite of
the fact that the gentleman from Houl-
toms constituency regards that as
strange performance. 1t has been done
with great frequency. 1t is not propo-
sition to dodge anything or to shift any
responsibility or to debar any interest
from coming here and having fair hear
ing. If the bill presented by the gentle
man from Camden involves an Illegal
and unconstitutional proposition, then
no hearing before any committee, no re-
port of any committee and no vote of
this House can have any valid effect. We
are pledged to a full and fair and free
hearing of every measure, but we should
act in accordance with the law, and when
we are in doubt in regard to the law
and some of us, not being possessed of
the great legal learning of the gentleman
from Houlton, do have doubts occasion
ally as to the law-then the Constitution
says that we can go to the supreme
court and learn what the law is.
Now is this an occasion for going there?
l take it that the argument upon that
point must be on these propositions:
First, that there is some doubtful legal
ity about the question involved; and that,
I think, any lawyer will admit. They
will take different sides in regard to it.
Some will say it is legal and some that
it is illegal; but every lawyer must adj
nit that there is a good field for fair ar
gument in the question. Second, Is the
matter important enough? Well, gentle
men, it involves somewhere from mil
lion to a million and half of money. of
the States money, to be voted by us if
we approve the measure as trustees for
tie people of Maine in the framing OF a
contract for a rebate of taxes; and it