Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-02-17


sale Of LIQUOR: Moreoygr., twill leave
&c akffsfzfH1fa ehs fands of-rfu Leg
islature, then. 'and-rthereafter, to take
care Of the question rs 1t sees fit.
Now in connection, leaving 1T as
it does If this amendment is, passed,
this provision is repealed, leaving it
as it docs then, entirely in tile hands
Of the Legislature To pass by, statutes
as it sees fit in its wisdom any pro-
hbitions against the sale of lianor.
right there is q very important con-
sideration and ono that he's very
intimate connection with this ques-
ton, that the. Constitution has been
previnusl" changed so that the people
participate in legislation. Mr. Speak
ct. If this Constitution vas as It
used to be II the people had no on
portuEity 10 reject our laws and no
chance TO introduce anything them
selves that They might have 10 PASS
in The way Of legislation. I thinil 4
man could vel hesitate, longer per-
nans before voting to give IN oppor.
tunity TO repeal this provision, To
submit this provision 50 it might pos
silly be repealed. But the provisions
surrounding legislation now ere sucn
that we can more safely entrust rhis
nattcr 10 the legislature IL being a.
matter for the great good Of TIE body
politics, than perhaps could otherwise
be done, because If the Legislature
passes any statute hereafter in regard
60 the sale ot liquor whether pro-
hibiting Il absolutely or licensing II
or giving local option with license
OF III any other way. that situation
will be net right squarely in the face
with the fact that the. people will have
q chance To- reject any act they may
pass on that subject. and il the Leg
islaturc should fail TO pass leeisla
tiCn del. an1ed by The people, the rpo-
pic have 4 right 70 propose it to tn.
Legislature for their consideration
and if the Legislature, does not see
fit 10 pass il. it can go back to the
people and they can pass it sn.thern
would not be any very great eppor-
unit" Of perversion Of the function
az legislation along those lines On &c.
count OF the amendment, TO the Con-
slitution which was passed in 1907,
Now, Mr.. Speaker there are 4 great
many people, and think T am one OF
them. in this State who believe that
ttt .'soilHtilttpli ICdhS fidCf-
for 4 law OF this kind, that the real
place for il is on the statutes OF the
state whore it was prior to 1894 and
whore it is now and where it ought to
be. Now in looking at that matter.
MI. Speaker, q person familiar with
the situation sees that there is no
where else in the constitution any
subject apparently akin to this one
The Constitution provides and fixes
and defines the great natural rights
and principles of our citizenship, and
then OF course establishes the form
Of government. defines the lines be-
tween the legislative, the executive and
judicial departments. regulates the
methods of voting and methods of
protection by the military depart
nent and those great fundamental
principles which we are Obliged 10
have in order To be a public organi-
Zatinn and government; and where
in tho Constitution do you find any
parallel. any similar subject to this
law which regulates and which pro-
hihits the sale OF liqucra Is it any
more reasonable, is there any greater
propriety in enaeting legislation pro-
hihiting the sale of LIQUOR. in putting
it into the Constitution. than there is
in Incorporating provision .prahibit-
ing the sale Of all poisons? l appre-
bond not, looking at il from ar ord;-
nary reasonable standpoint. l appre-
bend rot. This of course. was put in
the Constitution in 1884 purely SO as
to prohibit the Legislature fram get
ting away from the desires of the pea-
PIE touching legislation that thev
might not approve Of But, as | en-
planned in relation TO the referendum.
that condition has changed the OBJ
lection no longer prevails to that OK
tent II is my idea. Mr.. Speaker. thu,
this opinion that the Constitution is
no proper place for provision OF
this kind, will increase, and believe il
ia entertained by the best Jurists, and
thinking men, publicists of; the State.
l believe as time goes on it will be-
increasingly so. | believe that tho tirnn
will come when it Will be considered
an anomaly that we ever had this kind
of legislation in the Constitution, be
cause I believe We can handle il ia
an entirely satisfactory manner in our
Legislature by the representatives OF
the people supplemented by the peo~
GIc themselves.
NV in this matter we should. not
approach it from the standpoint OF an
advocate, it seems to me. We are in
u sense the jury. we are the only body
which has a right to decide this par
ticul2r question. This question cannot
be initiated by the people. This car
not come 10 us in the form of proros-
cd legislation. Mr.. Speaker, the respon.
sibility is entirely upon us to say
whether we will stand between the
people and the opportunity which they
desire, as l believe. Now in this ac.
ton. our attitude being as L maintain
that of tribunal to decide rather
than 20 argue with each other, il
seems to me we could properly go ii
step further and consider what rea-
sons have been advanced in the pasi
or lately by the various advocates OF
one theory or the other in connection
with this legislation, to see whether
those reasons would be likely to pre-
vail with n good many thinking peo-
pie, because as look at it the issue for
US TO decide is whether or not the pfo-