Daily Kennebec journal., 1911-04-06

Special election to be held lnore than 40
days before the first day of next Jan
uary
Under the Constitution ii is plain
that th" Governor cannot order the
Davies til submitted to tn" people at
the September election Of 1872. He must
designate a special election day and
ii must be some day earlier than tha
day of the September election Of 19l?
Under Section % of the referendum
amendment the term general election
is defined to mean citllc" the NoVom-
ber election for choice of Presidential
electors or the September election for
the choice Of Governor and other stat"
and county officers. The next general
election held not less than so days
after tho recess of the Legislature to
which such measure was proposed
would he the September election OF
1912. 1t Is plain and perfectly clear
from that portion of Section Is above
quoted that where the people in their
petitions ask the Governor to submit
the matter to Il special election, he IS
compelled to do so and that his sole
authority to submit it at a general
election is only when the people in
their petitions have failed to ask him
to order special election. There can
lie no possible doubt that il is now the
duty OF the Governor to order Spe-
cial election and that that election
must precede the September election
of 1912. # he oheys the wishes of the
more than 1000 signers h. will sub
mt the Davies Bill at an election to
he hello mere than 40 days before the
first day of next January and mas
much as the people under the ConSti-
tuition are compelled to vote upon the
rcsubmission amendment. the amend
ment allowing cities of iG0o0 people to
create q debt of ~ per cent. and the
amendment making Augusta the seat
OF government, seVerally upon the
second Monday Of next september. it
seems quite probable that the Cover
nor would not put the people to the eX-
pense Of two elections during the year
1911. on the other hand it would hard
" seem probable that the Governor
would seek to defeat th" operat tion OF
the aa.ies Ell b% calling Special
election tL.Icen dGring I'll" Nr&r III.
The Pennel Bib Will stand as law
until the Supreme Court decides 9TH
erwise II the Davies Bill Is ar-
proved by the people then beyond
doubt it would repeal the Prnnell Bill
hy necessary implication.
The Pennell Fill cannot :l2W be sub
lnittea hv the Governor t. be voted
upon az substitute "r competing
nlea sur. With the Davies Bill. TIE
duty 10 81 submit a substitut" is YES
ed ex xalusiEely in thu Legislature. The
Governors sole power is - order a
special election upon the Davies B5ll
and that the Constitution commands
him To 10.
/ aE1 answering these QUESTIONS only
because YOU ask Elc to. trust NoG
will fully understand that my views
upon the validity Of tn" Penncll Bii!
as law may be all wrong.
1t is unfortunate that the Governor
and the Legislature should have made
this complication in the lirst use by
the people OF the power Of initiative
and referendum. There VAS no need
of it. 1t would have been an easy
matter for the Legislature to have at
least per. ormed its moral duty under
the Constitution and To have played
fair with the people. 1t may prove,
after tull argument and full discussion,
that the Governor and Legislature are
technically right, just as defendants in
court often win out where through
technical proof by invoking the sta
tute Of limitations they technically es-
cape payment of their honest debts.
They escape liability but with Scared
consciences. In answering your ques-
tions, | am not prepared to give a
positive opinion as to the technical
legal status of the Pencil Bill. 1t is
new question and the supreme court
Will Of course be slow to declare the
Pennell law unconstitutional. Tn
fortunately | have too many cases
where the court finally finds that I am
wrong for me to be too positive in
legal opinions upon new questions. Ii
the court, however, follows and applies
the spirit cf the Constitution, the Gov
ernor and the Legislature will be un-
able 10 offer even any technical cX-
PLANTATION ot their unWillingneSS u play
fair With th" people,
But answering sou. questions am
compelled to say that whether strict
construction gives to the Legislature
power to pass a substitute bill is doubt
=
iSlaturc that the bill passed is not Il
substitute is final and binding upon the
courts is doubtful. The opening clause
ot the referendum amendment 18th"
people reserve to themselves power To
propose laws and 10 enact or reject
the sam" at the polls independent OF
the Legislature" When the people act
ing uHotr this reserved power propose
a law upon a given subject, the power
Of the legislature to pass a law upon
the Same subject matter would seem to
lie suspended. until the people vote up
on 1t, unless the legislature enacts the
proposed law without change. Unless
THIS Is the rule tho referendum amend
ment is easily cvaded. That the Gov
ernor and the Legislature have at
tempted 10 nulifN the effort To curb
machine rule and to strengthen the
power ot money in politics is aDparent.
mat the supreme court may say that
theit effort has been technically suc-
cessful is possible. l regret that | am
a.