Daily Kennebec journal., 1911-03-16
leaving this discretion with the Judge. for

leaving this discretion with the judge. for
some receive more and some receive less
sentences, according to the circumstances
surrounding the different cases.
For us to say here. because this is a
rum easel do not stand here, l do not
care what that law may be-but I do
stand here TO defend the court of the
State of Maine. ] apprehend that every
lawyer in Maine who practices law would
be against this. and the wisdom Of the
most conservative in the state Of Maine
would be against ii.
There are two kinds OF legislation,
destructive and constructive. This
/, certainly is not constructive but il is
destructive OF the integrity, of the
purity of the supreme court OF the
State or Maine. 1t is an outrageous
slander upon the court which / for one
will not stand here and submit to have
done. and | do not belicv" this Senate
will have il cone.
This matter was thre shed out here
two years ago. and opposed it then
as | Go noW, and upon the same
Il Ounds. Nobody can be trusted more
than the judges of the supreme court.
We are proud of them, ind We are
willing to place ourselves in their
hands and believe that we will have
justice done in all cases. Ny friend
mas reVamped it; and my brother Hast
ings had it here two years ago. We
should have buried ii so deeply two
years ago that il never could have
been lesurrected. Two years ago Coy
ernor Eernald vetoed that bin. re-
specl him and commend him for it.
Chief Justice Peters said that to take
away the discretion of the court i'll
such matters was unconstitutional. and
| believe that he was right. He was
one Of the most eminent justices we
ever had in tn, State OF Maine. He
was loved and respected by everybody
for his noble qualities and his kind
heartedness, ANA | speak OF him with
q great deal OF reverence. | am will
ing to be guided by what that eminent
jurist has said.
This is an Important matter: it is
an important matter Tor the rights and
the liberties of the people. Shall the
people of thr state Of Maine say Ia
the supreme court judges. all Of them
honorable ANA eminent men. we have
suspicion OF YOU. "" do not dare 10
u usNt YOU III lIIH Iiiitt' anu
we are going to say by act Of i.eeis-
lature that you shall have no discrc-
ton whatever in this matter"
do not think the people cail for IT,
] know they a" not call for il il they
understand ii. | can imagine and See
in nv minds ~ q girl Of II years who
may be by the itdue.ineitt of her par
ents brought into court. can sea
standing opp, sit" Ter an old veteran
who mas D""n tried for years for the
same Offence. and | see the judge sit
ting upon the bench having no dis
cretion beiw'e that youthful girl and
that old offender: both must go to Jail.
You tax" away the discretion of the
court and Vou say that both shall go TO
Jail. and the same sentence fixed upon
one as upon the other l would as
soon have YOU take away the diScre
tion of the court in all matters. as in
TINS one. som" people are crazy on
these matters. Ii will work itself out
the people 0i the State Of Maine will
work ii out in the interests of good
mora'S. Let us be cautious what VI:
do in this matter. Do you desire that
the supreme court shall have no dis
erection in this matter? Oh, no. my
friends, this Democratic Legislature
will never. in my judgment, enact such
a law, and say to the judges of the su-
preme court of Maine. we have no
confidence in YOU in this matter We
are going 70 tie your hands" 1t would
be stigma upon the judges of the SUI
preme court of Maine that | trust never
will become law.
| .a nt1,a,1,ar oh ;r
matter, because I have practiced law
for 80 years; l have been county at
torney six years; | have handled a
great many criminal cases upon one
side and the other. and when | thought
the verdict of the jury was wrong in
a man, l have thanked
Heaven that as a last resort we could
go before the judge Of the supreme
court and they, having some discretion
allowed them, and knowing all the
facts, would deal out justice in the
matter. | have found it so, and | hope |
the supreme court of Maine will not
be shorn Of this great matter of dis
cretion in all cases.
| could not say any more if talked |
longer. | have covered the ground |
think, to the best of my ability. Do |
not let this legislation be u black mark
upon the Judiciary of the State OF !
Maine. that noble body of men we are /
all so proud OF whose opinions are |
recognized throughout the length and |
breadth of this county as second to no |
judiciary of any State in New Eng
land or the country
Oh, no, gentlemen. YOU will not do |
thar.
And now. Mr.. President, with these |
remarks | move that this bill be in
definitely postponed, and that the vote |
De taken by the yeas and nays.
The question being upon the indef-
mite postponement of the bill tSenate |
Document No. l66) the yeas and nays
were ordered and the secretary called
he roll. Those voting yea were:
Messrs. Allan. blanchard, Chandler,
clifford, Foss of Androscoggin. Foss of
Hin, Kellogg Mullen,
Noyes, Pendleton. Staples, Stearns,
Theriault Winslow-15. Those voting
nay We're: Messrs. Boynton. Dodge
Donisan, Farrington, Gowell, Irving,
Leach, Mayo. Milliken, Moulton, Os-
born. Sanborn. Smith-13.
And fho motion to ipdeGnitoiv noct