Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-03-12

the purchase of the history of the
town OF Garland.
Resolve for aid in repairing the
roadway leading from the town of
Greenville to Lily Bay bridge, in the
county of Fiscataquis.
Resolve proposing an amendment to
the Constitution of Maine comforting
the right of suffrage on women.
In the Senate ;his bill was given its
several readings and was passed to be
engrossed, aud in the House received
it's several readings and was passed
to be engrossed, but failed on final
passage in the House, not receiving a
two-thirds vote.
The question before the Senate YVES
the final passage of the resolve not
withstandins that it failed of final
passage in the House.
on motion by Mr.. Hersey of Aroos-
took. the yeas and nays were or
dered
Those voting yea We're: Messrs, Al
Ian, Allen, Burleigh, Chase, Clark.
Colby, Cole, Conant, Dutton, Emery,
Hastings, Hersey, Maxwell, Miiliken,
Morey. Murphy Patten, Reynolds,
Richardson, Smith, Stearns. Walker,
Wings Those voting nay were:
Messrs. Bailey, Boynton, Flaherty,
Jillson, Moulton, Packard-6 Absent
ees: Messrs. Hagerthy, Mansfield-2.
Twenty-three having voted in the
affirmative, and six in the negative,
the resolve was finally passed.
The PRESIDENTS Unless there is
objection, the Chair will lay before the
Senate first the veto message from
the Governor, on an act relating to I'M
true and misleading advertisements.
This bill was returned to the Senate.
March 6, with Il veto message explain
ing the objections of the Governor. on
motion by the senator from Androscog-
gin, Senator Morey, the message was
tabled and specially assigned for con-
sideration, today. The question before
the Senate is shall this bill become a
law Notwithstanding the objection of
the Governor. Upon that question a
yea and nay vote is ordered. and u
two-thirds vote of the members is
necessary. The question is open for
discussion.
Mr.. BAILEY of Penobseot: Mr..
President, as this is a bill which was
reported from the committee ON legal
affairs. and is one which has been
brought before the public to large
extent by the veto of the Governor. ii
seems proper and fitting not to offer
any apologies for the favorable report
of this bill, but to offer an eXplana-
ton in regard to ii. The bill starts in:
Any person, firm, corporation or as
ISOLATION, who, with intent to sell or
in any wise dispose of merchandise.
securities, service or anything offered
by such person. firm. corporation or
association. directly or Indirectly, to
the public for sale or distribution or
with intent to increase the consump-
ton thereof. or to induce the public i'm
any manner to enter into any oblisa-
ton relating thereto. or to acquire
title thereto, or any interest therein
makes publishes. disseminates, cir
eulates. or places before the public. or
causes directly or indirectly To be
made. published. disseminated cfreu-
lated, or placed before the public in Il
newspaper or other publication, etc
So the bin starts out in the first
place To place the responsibility on
parties who advertise. The Governor
in his message gives us one of his rea-
sons for vetoing the bill that it does
not contain the word knowingly"
Under the common law, there is an
action which is called ar action of
deceit 1t is an action which allows
one person tn collect damages from
another on account of the first per-
son being deceived by a statement,
representation, er assertion in regard
to some property which is sold to him.
When that action was first put into
practice they had to prove what Is
called "scienter.' II means Just what
the Governor has asserted i'm his veto
message. knowingly or with knowl-
edge. II proved by actual experience
and practice in the courts that the re-
quirement rendered the action prac-
tically useless. so that u good many
years ago that allegation and proof
of knowledge on the part of the one
that made false representations or as
sertions was done away with.
As the law now stands and is prac-
tieed in the courts, If a man makes a
statement. a representation or an asser-
ton which he knows to be false or which
he does not know whether it is true or
rot, if he makes that assertion and Il
person believes it and is injured thereby.
he can recover damages.
Perhaps a concrete illustration would
be more etiicacious than a statement OF
the general rule jThere was a case in
court, | think in Bangor, at the last
January term. \ man owned a farm
and wished to sell it. \ prospective pur-
chaser came and looked at the farm.
Probably every lawyer here has had a
case similar to this. OF course the pur-
chaser wanted to look the farm over
They came to swamp that had some
juniper in it, The prospective purchaser
said DO you own this9" The farmer
said Yes sir, lie bought the farm
and went and cut the Juniper knees AMI
then was sued by his neighbor The line
run out and it was found that at
least two-thirds of this juniper swamp
was ON the farm of his neighbor The
seller claimed in the first place at the
trial of the case that he did not know
but supposed it belonged to him. as his
father lived on the farm before he did
and ne supposed that it was part of
the farm.
The court said you should have
known. This man bought your property
on your assertion and on the suppostion