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

on in which they say that any question
which she Legislature sees fit to sub
lit to the court ought to be answered
the court for its guidance and aid
nd assistance in legiSlaJIng on constl-
utlonal lines. In writing that decision
Judge Emery and Judge Whitehousc
ctracted 4 position they had formerly
.tken, for once the court unanimously
lfused to answer question put by the
Governor and they had joined in it. and
lac Chief Justice ana Judge White
iouse signed this statement, that Al
or moro thought and mature de,lber;,-
ion we have come to the conclusion
hat the court must answer the ques-
ions submitted to it,
1t has been said in regard to this
rler--I have not heard before. the ar
,ument advanced against it that has
)oen advanced this norning-it has
)sen said In the consultations in re-
ard to this order that the court would
efuse TO answer it. The precedent is
III against it. But if the court desire
9 refuse 20 answer it, that RESPONSE
>ilitv is theirs and not ours. II the
curt does answer It it will have its
fleet not only on this pending bill but
will have its effect upon future bills
II like kind. Such contracts are eth
II legal or illegal; and without any
politics or craftsmanship in regard to
t, and standing here as a member Of
his Legislature with equal rights
With every other member whether a
republican or a Democrat, with equal
lights and privileges even with the
gentleman from Houlton, | say that
very man here who votes without re-
gard to party in the interests of the
state and his constituency, will see
hat it is time that we should learn
t, ON an authoritative source whether
such contracts made by the State are
n are not legal If they are legal, then
Tie question Of public policy arises and
we can discuss them on their merits
from time to time as they come up.
If they are illegal and the court says
so. they never can arise to vex us
again.
Two years ago an attempt was made
to pass solemn order about this. 1t
vas defeated in the Senate and the
Senate then out of abundant precau-
kind should ever arise again and pass
ed resolution, introduced by the SEN
ator frCm Sagadahoc making it the
solemn sense of the Senate that never
in the history of this Saskatchewan
the State thought that what it had
done in the past might be forgiven
would the Legislature go into any
such contract again. With great So
lemnity that resolution passed. 1t was
accepted in good faith by the people
OF Maine. And yet the next Legislature
had hardly been assembled when the
same old rebate proposition came up
involving more money than any like
had ever involved before.
I would vote tomorrow for the Davies
resolution offered at the desk here if
I heard it read Alright, for in it there
was nothing Objectionable to me, but
would say that taking the precedent
set by the last Senate, such a resolu-
ton of itself had no force except for
today and under it so far as today is
the rebate question is abso-5
Iutely safe in the hands Of this Legis-
Iature without any possible doubt. I
want this order passed. if gentlemen
see fit to pass it, not because 1 offered
1t, not because a Democrat has offered
it-for I have never known before in
a slight experience here in the House