Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-01-17


their seats upon the floor of this House
by virtue of an exception, have upon
their shoulders the burden Of proof.
and they must show beyond a reason
able doubt that they are in fact in
cfuded in that exception. I resent the
attitude Of certain lawyers who try
to make us believe that the burden of
proof is the other way. 1t may be
that postmasters have occupied seats
upon the floor of this House for many
and many years. because the question
has not been raised. The court of
Maine has said that if wrong idea or
the wrong construction of a statute has
persisted for many years that it does
not make it right when the question
first comes mp for construction, 1t is
lust as new proposition as you can
conceive Of
1t may be that these gentlemen have
some equities in their favor because
they have been allowed to keep their
seats here for 10 or dozen days /
take the view Of that matter that they
90 not owe us anything for that and
1--WE do not owe anything to them for
allowing them to sit here; and because
sumption that they should serve dur
ing the rest of the session. / am will
ing to leave the matter whore 7 was
willing to leave it, Yesterday A prop
osition was made here which seemed To
me 10 be fair. regardless of the source
from which it came OF for the purpose
for which it was introduced. ana ] have
sought no occasion 10 raise any ques-
ton upon that
believe. gentlemen, that when a
recess was declared. yesterday, for the
purpose OF suspending this matter
where il stood, that the proposition
was q fair one: and | went into that
conference. and | made the sugges-
tion-and ! think the members will
bear me out, that it was a fair prop
osition, and that the matter ought to
stay just where ii was then, so that
the gentleman, who has been unseat-
ed, could be re-seated by the action
of this House, if the supreme court
should advise us that it was desirable.
/ cannot now understand the motives
of those gentlemen who opposed that
suggestion. | have stood ready to
vote against each and every man who
stood in this class postmasters. There
has been suggestion persistntly
made that the name of one member
was omitted for a purpose: but he
Knows. and so do others know, that
| stood ready 10 unseat him if ne stood
in the same condition with the 9TH
ers; and he knows. as well as others,
That | have advised him not to resign
under the circumstances because
believe II is too late to cure the de-
feet: ii is not plea of guilty, and
believe it does not help the situa
ton fer him To resign at this late
day l think il is proper to state that
this gentleman is not trying to hold
his seat but by fair minded state
ment made in the hearing of all of us
he said that ne was ready to conform
to the Constitution.
1t is more than probable that even
now compromise upon this situation
can be reached SO that the matter
can be suspended until we get a de-
cision from the supreme court which
will tell us whether they want to de-
eide il for us or not: and if il is pos
. sibe for that suspension of the mat
ter to be made | should be in favoI
of it; and when an answer comes
back from the court, if these gentle
men are entitled to their seats upon
the advice of the court, | shall be the
first one to seek an opportunity to
vote to reseat the gentleman who has
been deprived of his seat and to sus-
tain the others: but | hope the dis
cussion of the matter will proceed
upon the assumption that the fairness
and the honesty and the sincerity of
the members of this House does not lie
in any particular section of this House,
and that such honesty is not enter
tanned wholly and to the exclusion of
others by any political party or rae
ton here. (Applausc)
Mr.. COOK of Vassalboro: Mr..
Speaker and gentlemen of the House,
there seems to be a doubt, reason
able doubt i'm regard to the seats OF
these gentlemen under discussion, and
il seems to me that as fellow MEM
bers and comrades here we ought 10
give those gentlemen the benefit Of the
doubt. (Applagse)
/ hope this motion to reconsider
will prevail on the side of that mo-
ton prevailing is the opinion of an
eminent chief justice of the supreme
court. At this distance ] would he
almost afraid to disagree with him;
have been rebuked by him in court
and YOU see the color of my hair
daughter) | remember IN court
was as much afraid OF him as the