Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-27

understand that the Bangor commercial
is the last authority on constitutional
law in this State. Haughter). I am
not going to transcend the courtesy of
debate nor refer in any acrimonious
terms to men who are not on the floor
to answer me; but in all courtesy and in
all politeness 1 wish to refer to the fact
that for three long years the Bangor
Commercial day in and day out argued
the question of the constitutionality of
the law forbidding the publication of
rum advertisements, and the law court
later overruled it. Let us see what 9TH
err parties say this measure is uncon-
sttutional 1t is unfortunate that We
have to argue on the floor of the House
against arguments got up by men out
side, but when they won't meet us out
side, but take the members of the House
one by one, or two by two. and argue
with them, we cannot argue with them
on the floor of the House: so that I want
it to be understood that / do this
courteously. 1t has been argued by
gentlemen representing the great Grange
Legislative committee that this bill was
unconstitutional. / refer in all kind
ness to every man who comes here, but
that argument has been put up by men,
bers of the Grange legislative commit
tee and that committee is not the last
authority on constitutional law. Eight
years ago had the opportunity of being
a members Of the taxation committee in
this Legislature and the Grange legisla-
tive committee appeared before that COM
mittee and urged us day after day to
impose a tax of fifteen mills on the wild
lands of the State, and when some of
us on the committee said that we were
afraid that that was plainly unconstitu-
tional they said no. and brought us
good lawyer who said no. That was the
position until the opinion of the supreme
judicial court was taken, and that court
overruled the Grange legislative COM
mittee upon that proposition. They
were wrong then and it may be that
they are wrong now. I find on my desk
this morning, and I suppose you all
got it, question which was submitted
by the House of Representatives in 1908
done under the impression that that is
parallel case with the one which you
are considering today That decision in
DIlel Is lHdL you 1IluSI assess your LAX
on all the property of the State equal
ly. There is not word in it about
how you shall distribute your money
after you get it. That was in answer to
question as to whether you could as
sess a different rate of tax on your wild
lands than on the other property of the
State, and to that question the court
said no. We are not attempting to do
it, Let us go further If this measure
was unconstitutional, if this taking from
the wild lands 100000 a year more than
the Grange bill call for, how easy and
how comparatively inexpensive for the
wild lands of Maine to test that queS-
ton in the courts. I should be per-
fectly willing, If I were they to do it
because I could employ. if I were in
their place, a good lawyer to prepare
the case and go to the law court and
argue it cheaper than I could employ 20
lawyers to stay around here all winter
and argue it with the members of this
House. If the gentlemen who are put
ting up this unconstitutional argument
in regard to the wild lands of the State
really believed it and were sincere in
it instead of fighting this measure they
would help it along. I have consulted
several lawyers in regard to this matter
and 1 have found differences Of opinion.
There are always differences of
opinion in any new departure in legisla-
ton. But what better work could this
Legislature do than to pass this bill?
Could we do anything better than to
place this proposition in such position
that it will meet with the approval or dis
approval of the court and be settled? If
the people of Maine are never going to be
able to find out by the action of the Leg
islature whether they can tax the wild
lands more or not, they will take means
feeling throughout the State
of Maine, and in my opinion it is justified.
although I defer to the opinion of others
on that subject and feel that they have
a right to take the opposite side of it.
that the wild lands are not being taxed
enough There are thousands of men
who SO believe. and they look to this
Legislature to tax them more. They do
not ask us to come here and under the
guise of taxing the wild lands of the
State a half mill, miserable pittance of
$4,000, change the tax rate of the whole
State. They have not asked us to do
that. Nobody said anything when this
Legislature assembled about taking the
money from one city and giving it to an
money from Franklin coun-
ty and scattering it over Aroostook, or
from Cumberland and giving it to Wash
said they wanted the wild
lands taxed and they did not mean a half
MILL they meant something substantial
They meant more than a mill and half.
But we were conservative and we were
not Socialists.
Now, Mr. Speaker and gentlemen, I say
that the people of the State meant for
us to do something and for us to put a
fair tax on the wild lands. l say that
they were dissatisfied with the present
and they knew that for six years
the owners of the wild lands, certain
portion of them. have been fighting before
this Legislature anything that looked like
a tax They knew that six years ago
circular went broadcast over this State
the wild land owners to sub
NIT to tax of quarter of a cent an
acre for the purpose of raising $4,000, and
the circular stated that it was easier to
stop this thing in the Legislature than