Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-03

Washington, that this is a solemn &C.
casion. 1t is true that it is for the
Legislature to determine whether an
occasion is solemn, but it seems to me
that we should not upon the situation
| which we now find to exist trouble the
supreme court with an investigation
and a report upon this matter. The
bill has already passed both branches
of the Legislature and, believe, has
received the signature of the Governor
The Legislature is about to adjourn
We cannot possibly receive report
from the supreme court before ad-
journmcnt.
A few years ago a matter was pre-
sented to the supreme court, which
did not reach them until after adjourn
ment. The court answered that ques-
ton. 1t was in 1908, the Legislature
| having adjourned to meet in Septem-
Der, 1908, and the courts stated that
! they made an answer because the Leg
islature would reconvene in September
and might act upon that report at that
time. But this Legislature will ad-
journ without day, and, while the
Governor would have the power to call
us together upon an extraordinary SeS-
sion, it is not such a possibility or
probability as would justify us in pass
ing this order.
l do not believe that the interests
! affected by the bill we have passed
would ever question in court the con-
stitutionality of that measure. The
amount of tax imposed is not greater
than the representatives of the wild
| land interests consented to in the pub
lie hearing on these bills. The matter
| of distribution does not in any way
affect their rights and is of no concern
to them whatever. l cannot see any
business advantage or interest to the
wild land owners of the State in the
carrying of this question to the courts.
If the matter is to be decided by the
court, it ought to be decided in the
regular course of legal procedure. The
wild land owners who resist the pay
meEt of the tax should be represented
| by their counsel and the State of Maine
should be represented by the attorney
| general. Both sides can then present
their arguments and the court can pass
upon the matter with the assistance
and the aid which they will receive
| from the Investigations. the research
and the arguments of counsel, both for
the state and for the wild land owners.
AS l say, I do not believe that the
wild land owners themselves would
ever question the cOnstitutionalty of
this measure. They cannot afford to
do 50. and, as [ have suggested, the
rate is not more than they have as
scented TO and the distribution does not
concern them. And just as sure as this
measure should be declared unconstitu-
tional by the courts. the next Leglsla-
ture would pass a resolve amending the
Constitution; and. as q result of that,
the wild land owners, instead of pay
ing q tax of one and one-half mills,
| would pay a tax ten times greater.
believe they realize thatAand that they
do not wish to press this matter to
the court on their own move, but they
! ask the Legislature to do what they
| themselves would be unwilling to do,
| and very naturally unwilling to do. l
| do not believe it is d solemn occasion.
| I will not believe any occasion exists
to present this matter to the courts
to have them determine, without any
| arguments, either for or against the
measure or in accordance with their
own views, or as a result of their own
| unaidcd investigation. | believe the
| Legislature ought not to submit any
matter to the court in the absence of
argument, except upon most solemn
| occasion and ~undcr the most extra
| ordinary circumstances. | do not be-
| licve that either the occasion or the
circumstances at this time require it,
and, for one, I should object to the
| passage of the order introduced by the
| senator from Washington.
! Mr.. HAMILTON Of York: Mr.. Prcsi-
dent: / do not desire to make any
| speech upon this matter, and whether
or not it is for the interests of the wild
land owners to carry this matter be-
fore the courts is not of any conse-
auence to lis, or to the Changers
and the people of the state. I state
emphatically that if we can raise the
| money for school purposes. it cannot be
distributed in the manner that this bill
| has provided Every town in this State
| has n right to know whether that is con-
| stjtutional or not. and whether they can
! take the money which has to go to the
schools and distribute it according to
! the valuation or according to scholars.
| That is the question which asitates
me and the question which has agitated
| the peOplo, ana II HAS dSitdleu Us Z. Sooo
deal. We feel on that question that our
rights have been invaded.
For a long time this money was dis
| tributed under the Constitution as we
understand it, and we believe that a fu-
sion ought to be made, and no matter
whether the scholars are found in Port
land or Aroostook. or wherever they
NAV be found, we believe that 1t Is
wrong. 1t was said that they needed
higher culture in the cities. such as
Portland and Bangor. than we need IN
the country. and that it cost more we
do not believe that is the import OF
that section in the constitution. This
involves change i'll the whole thing,
and we don't know where we can go
unless we go to the supreme court; ana
this order is for that purpose-not for
or against the wild 1ands-we don
care anything about that-but when we