Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-12

ton. the reading of the rules will be
waived. Is IL the desire of counsel
that roll call be hado
Mr.. PATTA NGALL: do not care
for it. 1t is very obvious that at the
present time there is a quorum pres
ent.
The SPEAKER: The secretary will
make an entry that a roll call is
waived
Mr. PATTANGALL l assume from
former talk and rulings that if at any
time either side desires a roll call to
ascertain in regard to the presence
of quorum. we would have the right
to ask it, but there is obviously no rea-
son for it at this time.
The PRESIDENT: Do you desire
to have any answer entered upon the
record?
Mr.. PATTANGALL: Mr.. President,
there is just one word | would like
to say before having the entries made
of general denial. which will be made
in any event, and that is this: | be-
lieve that some action ought to be
taken in regard to this resolve. | real
ize that ii cannot be taken by the at
torney general or the presiding Off
GERS or by the convention as such: and
| also realize that l have not any op-
portunity to address the legislature,
except sitting in convention. / want
To make this suggestion. and I want
to ask the convention believe me when
| say that | do not make il for de-
| lay, because / have already saved the
convention as much time as they
would have used in carrying out the
suggestion I made. Any of you who
have read the resolve. House Docu-
ment No. 69S, will See that it follows
the wording of the resolve which you
have already tried, in which a certain
officer is accused of having wilfully
or corruptly refused or neglected to
perform certain duties. Now, that
sentence involves -four charges: there
| is a difference between wilfully ne
glecting to do a thing and wilfully re-
fusing to do thing. there is a diff
ference between corruptly neglecting
| to do a thing and corruptly refusing
| to do a thing AS the case stands,
| when you vote you vote in such a way
| that it is absolutely impossible to tel
| from your record whether YOU are ac-
l GuSlHS an OliCidi Vi iiuptiDH OF IOt,
| and that record stands for all time.
| believe that by making such a
record, provided you do find any
| charge sustained against man. by
making a record that involves all of
| the charges you do gross injustice.
| | spoke of that in the former case,
| but too late for it to be rectified. l
| believe in decent fairness toward thus
| respondent, if respondent is the prop
er word to use, this convention ough:
| to take just recess enough to divide
| those charges. | will agree on the
part of Mr. Hines and his counsel that
| if that is done we will have an entry
| made waving service, or acknowledge
| ing service and covering any other
| possible technical legal point that the
| Speaker or the President or any 9TH
| er gentleman in the convention can
| suggest. | simply ask that in decent
| fairness that if by any chance YOU
should find what l believe You Won't
| find--but ! have got to protect against
all emergeneies-any neglect. any Of
| fetal neglect, that you should not be
| forced to put vote upon your rec
ord from which nobody could deter
mine in the future whether you found
| corrupt refusal or corrupt neglect. l
| make that suggestion, and | hope it
| will be received in the spirit in which
| II is made.
| The presidents: The members
of the convention have heard the sus-
| gestion made by counsel ana Of
/ course are aware, as counsel has sug-
| gested that there is only one method
| of bringing this about, and that is by
| taking a recess for the purpose of
permitting the House and Senate sit
| ting separately to amend the resolve
| if they see fit. The presiding officers
Of course will entertain a motion for
a recess for that purpose, If any
| n ember of the convention desires To
| n axe the motion. The motion II maue
| must be decided without debate.
| Mr.. SCATES of Westbrook Mr..
| President, | make Il motion that the
| CO invention do now take recess for
l. minutes.
| The question being on the motion
that the convention take a recess 1of
| Il minutes.
A viva voce vote being doubted,
A division was had and the motion
prevailed by a vote of Ga to A.
| The Senate thcreupon retired to the
| Senate Chamber.