Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-02-04
MAINE LEGISLATURE,
Continued from Page Eighty

ton once and forever, to have upon it
the opinion of lawyers-for judges are
but lawyers, who can give an author
jtative opinion on a great question, a
question which has been discussed in
the past and will be discussed in the
future and which must at some time
be settled by the court.
MR.. BURLEIGH of Augusa: Mr..
Sneaker, he Constitution of this State
p,ovides that the justices of the Su-
irene Court are obliged to give their
opinion upon important questions of
law and upon solemn occasions when
required by the Governor and Council
the Senate or House of Representa-
tiyes. If solemn countenance con-
stitutes q solemn occasion, then the
gravity with which the gentleman from
Waterville has urged us to adopt this
somewhat extraordinary proposition
certainly creates q solemn occasion
But, gentlemen, 1 hope that we will
not be diverted from the real issue
in this case by abstruce specuiations
of what constitutes a solemn occasion
within the meaning of the Constitution.
L
before us is not whether this order pre-
sents an important question Of law
and solemn occasion. 1 believe there
are good lawyers in this Legislature,
plenty of them including the gentlemen
frorn Waterville, who are perfectly
competent to pass upon that question
without the assistant of any advisory
opinion from the Supreme Court; but
feel that the plain simple question
which is presented to us is a question
OF propriety. This bill is pending be-
fore a committee Of this Legislature
composed of gentlemen of integrity
and ability and I say, gentlemen, that
to anticipate their decision IN advance
of any hearing is reflection upon that
committee and is beneath the dignity
of this House. because you are put
ing up to the Supreme Court of the
State Of Maine moot question which
we may never be called upon to decide;
for gentlemen, the committee may re-
port adversely on the whole PROPOSE
ton, or they may report a bill in a
new draft with such material modifi-
cations that any opinion which we
might get from the supreme court IN
der this order would have no applica-
ton to the actual facts that we shall
be called upon to decide, and I submit
that for our own self respect and in the
interests of a decent and businessliEe
administration of the affairs of this
Legislature this order should be in
definitely postponed.
MR. PETERS of Ellsworth: Mr.
Speaker think it might be We'll to pur-
sue this matter along some other line
What is the reason for asking the opin-
ion of the court? What are we going
to do when we get it? How is it go
irg to change our actions? What are
the circumstances, Mr.. Speaker, under
which it is or might be deemed wise
to get such an opinion from the court :?
Now it seems that some IS years ago
the State of Maine by unanimous
vote of the Legislature made a con-
tract with the Bangor 3 Aroostool1
Railroad Company by which contract
III consideration of the railroad agree
ing to transport troops and munitions
ut war in time of instruction or pub
lie danger, the State agreed practically
10 rebate the taxes on the railroad
1hat contract has nearly expired. Sub
Seq'lehtly, Mr.. Speaker, a similar coll
tract was made with the Washington
County Railroad and with the Somer-
SCI Railroad. but those contracts In
vowed a very much smaller amount of
money and are of much less i'm
p"rtahce. Since the making of that
contract made at that time by a unani-
houS vote of the Legislature there has
peeh some question raised as to the
,,rtl
IL makes no difference to me whether
mat contract is constitutional or I'M
constitutional. | do not care whether
IS legal or illegal | shall not vote
ana / never should vote to repudfare
contract of that kind made bv the
''a'" 81 Maine or made by me indl-
Ni""ailN. and do not believe that any
man mere would vote, understanding
Tue circumstances to repudiate that
contract made by the State of Maine IS
vars ago or any of those contracts
""e'ieNcf made. 1t is not necessary
to call IN the supreme court to help us
on that Proposition.
seems there is Il proposition pre-
scented IN good faith by my friend from
,d"den to make another contract of
VIC Same Kind with one OF the same
'oiporatlons involving the same things,
iactical rebate OF taxes Without
'uus"S anything in advance 1t does