Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-01

~AS PAOkCCllOIl OIL forests 1T
sse,ns 10 me would come as well on the
10 y. July as on the first of April.
at " we are risking $6O,0OU of tax
money by playing with the constitu-
''ou l tnlnk we had better not do it.
Mr. STRICKLAND of Bangor: Mr.
speaker would call the attention of
the House fthe fact that in 1909 tho
worse forest fires we had in the state
!or a great many years occurred dur-
ing the month of June. If we ara o..
.ne TO protect our forests, if we are
SONG TO give the forest commission.
er = chance to organize his forces ami
iook' out for fires it should he done
before July. NC oone
WI; DAVlES of Yarmouth. Mr.
speaNef' the House is judge of emer-
eency measures. In view of the fact
s.a.eo oy the gentleman from Ranger
'Mr. StrlcklanD that the larpest fra.
occurred in June it seems to mo IL is
our duty to pass this act as an oroer
sency measure.
.. MT: WING of Auburn: Mr.. Speak
81, WOULD like to ask where in the
~ ..' ~ says that the House is
the judge of the emergencyo
Mr: PETERS of Ellsworth. Mr.
SPEAKER, L understood there is Moth
,ns IN the constitution which saws 81
pu' turther understand that whethe,.
or not emergency exists is solelv .
question OF fact for the Legis,at ,,re
l. mas been SO decided nv the co,,rts
VI oregon and by at least ono othor
court or last resort in this country
WI, rAIIANGALL: Mr.. Speaker T
SIMPLY entered a protest against a
ro.iuieioh Which I think NAV Obtain
nave looked over the decisions of
.he court OF Oregon and 1 have not
,oeho IN those decisions that the I.agiS-
ldture was the sole judge of eme,gana.,
l am not objecting to the forn,.tion
Ii the House is the sole iudga ~ ~,
s.n sehcy then there is nothing to
l, our putting an emergency
oii every bill which goes through
'..H oooy and entirely nullify the con-
stltutional provision which we have
aoopted.> The mere statement of that
proposition ought to show anv 1awve,.
that 1t is not a good law. am not
opJectng to the passage of this hill,
am not objecting to the formation
OIL ire patrol. I reported this iii
from the committee. At that time 7
mad not noticed that an emergency
clause was attached to it: but I am
ooJecting to taking risk which NAV
ne the cause of some man who does
not approve Of this tax going to the
courts and having an opportunity to
upset 1t. If the House wants to take
the risk I haven't the slightest Oh
lection.
Mr.. LIBBY of Amity: Mr.. Speake.
l don't know anything about constitu-
'ionai law but I do know that in The
spring of the year before the green
stun begins to grow up is the worst
Tune for fire to run in the whole year:
ana II we want protection from fire
we want it in the early spring.
Mr.. PETERS,: Mr.. Speaker, would
like to ask the gentleman from Water
Vile whether he believes that the Leg
lslature is not the sole judge as to
whether or not an emergency exists
under our present constitution?
Mr.. PATTANGALL Mr. Speaker,
have no idea and never had and never
shall have, unless our courts pronounce
decision to that effect, that the Leg
islature is the sole judge OF the exist
ence of an emergency.
Mr.. PETERS: l would like to ask
further if the gentleman does not think
that on all questions of fact the Legis-
lature is the sole judge?
Mr. PATTANGALL: think the
Legislature is bound by the provisions
of the constitutional amendment which
we adopted. That defines what shall
be an emergency and does not leave it
to the Legislature to say that the
catching of scallops or anything else
necessarily made it an emergency.
Mr. PETERS: l would ask if wheth-
err an emergency exists is not ques-
ton of fact?
Mr.. PATTANGALL: Considering
the provision of our constitution /
should say it was mixed question of
fact of course.
Mr.. PETERS: l differ and others
differ with the gentleman from Water
willie. I maintain that whether or not
an emergency exists under our con-
stitution it is solely and absolutely
question of fact. I maintain that the
Legislature is the sole judge of ques-
ton Of fact like this.
L. J.
to ask the gentleman from ELLSWORTH
one question. If that view is correct
and the Legislature is the sole judge
of the question of an emergency, does
the gentleman believe that we could
carry every bill through here that we
saw fit with an emergency cause
Mr., PETERS,: I believe that unuct
this constitution we can as a Leelsla-
ture. bv declaring it a question OF 1act
as to the existence of an emergency,
mass any law and have it take effect
now when approved by the GOVERNOR
and that would apply to all laws.
Mr.. PATTANGALL: Then IN your
oninion the entire clause. so far as II
relates to a popular veto, couio ee
abrogated by mere act Of the Leglsla-
ture? A..
Mr. PETERS: I believe. the Legis-
lature being the sole judge as 10 .he
emergency, can practically nullify that
provision.
Mr.. BURLEIGH of Augusta: MI
Sneaker. I understand that if TINS Ia"
is not passed it goes into effect IN July
and # will then be too late for the tax