Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-01-16

there was no object to extending it to
judges of the courts of common pleas
and other courts. They went on the
presumption that when an office was
established, it would be one which
demanded as much attention as the
Incumbent could conveniently give to
it. There was besides an improperly
in mixing the Legislative and judicial
departments. In all the courts there
was business of Importance Since the
establishment of the Constitution, he
cours of common pleas had much in
erased in importance and dignity, and
they were likely to continue to in
crease, and it was therefore more ex-
pedient that the judges should confine
their attention to the duties of their
offices. There was also an objection to
their holding a seat in the LegiSla-
ture, from the manner in which they
are elected. 1t seemed improper that
the judges of the land should become
candidates for popular favor at the
annual elections. In proposing to ex-
clude officers of the United States
from the higher offices in the Com
monwealth and from a seat i'll the
Legislature they had followed the ex-
ample of almost all the State Consti-
tutions recently formed. The general
principal would exclude postmasters
but this office is, in a large PROPOSE
tfon of class, one of no emolument but
OF some trust, and it appeared not add
NiSable to exclude from the scope of
the postmaster general, in making
these appointments, so many persons
as would be excluded, if the accep-
lance of the office We're TO shut them
out from all offices under the State
Government
The same reason existed in Massa-
chusctts chat existed in maine, and
they intended and did do just exactly
the same thing; they excepted post
rHasters Ter that reason, and they had
nobody else in mind as ii is very APP
parent from the record of that con-
ventiCn.
Now you have to consider this word
post officers" in our Constitution with
the construction given upon it by men
who were acting a that time, men
who knew and could give reason
why postmasters should be excepted.
That was the construction placed upon
stitution of Massachusetts having be-
fore them our Constitution. | have in
my hand here a copy of a list of 10
men who were in that Constitutional
convention men who were postmasters
members of the Constitutional conven-
ton, but / viii not take the time TO
read from it. They knew their rights
and the matter was all fresh in their
minds; there WAS no chance to put on
such a fanciful construction as that
Of the gentleman from Augusta. In the
year 1921, following the adoption OF
this Constitution. there We're - post
masters elected and served on the floor
of this House. Is there any doubt
bout what the construction OF that
question Was3 In lS22 there were sew
en- poStmaSterS elected and served in
the House Of Representatives. In 1879
there were three men elected and serV-
cd in this House here, who were post
masters. In 1924, there We're II men
seht to this House who We're postmas-
tars. IN 1925, there We're four men sent
to the House of Representatives whe
were postmasters.
Now, | ask you in all fairness. gen
| IleIntn, u DtllttT lflt ttliiSll u'lIpI "
those men who sat in this Constitu-
tional convention, and the construe-
| ton placed upon it by So men from
| 1925 to 1926, men who served in this
| House as pOstmasters-I ask whether
| the construction placed upon that by
| these people living when it WAS form
| ed and when it was before them am
| FRESH in their minds ask you wheth'
| er il will override the construction o
| the constitutional lawyer from Au
| gusta?
| Mr.. NEWBERT: Unconstitutional.
| Mr.. SMITH. | know that my frient
| from Augusta is a constitutional law
| YER | had the pleasure of being IL
| the House of Representatives with hin
| in 1907 and during that entire session
and think the record will bear mi
| out should say thai every da& of tina
| session, or on go per cent. of the day'
| the Legislature was in session. my
friend from Augusta made consti.
| tuiional argument on the prohibitor!
| Law and resubmission. daughteD
| Now, gentlemen. wish to digres
| for just d moment. My time is abou
| finished - daughter and applause
| Nj. NEWEERT: ] wish to say TIM
| gentleman has seven minutes more
| CLaughte)
| Mr.. SMITH: | made that remark ant
| I am glad it pleases my friends herr
| in the House. | believe, though, that a.
| a result there is not member of thl'
| House but what thinks | have beef
discussing the merits of this case, ant
/ doa't believe thai there is Il mem
| Der Of this House who wont believe
that the gentlemen in this little corner
are trying to eXpel from the Houst
men who are entitled 10 representation
What | had reference to in saying
| that my time was almost finished ----
At this point the Senate came in ano
a ioint convention was formed.
In Convention.
The President of the Senate in the
chair.
At IL SO o'clock the Senate came into