Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-02-21

troduced, and so it comes now to this
body. Shall that report be sustained?
This is only another step forward.
We have taken two or three within
the last few weeks. It is only a step
in the line of progressive legislation
for the rights of the people and the
establishment of these under the laws
that are framed to be demonstrated
by the Court.
I move. Mr.. President, that the re-
port of the committee on judiciary be
accepted.
Mr.. COLE of York: Mr., President,
something has been said about the
undcsirability Of questioning a report
of any committee that comes in here,
especially the report of an able com
mittee like the judiciary. Personally,
would take the report of these gentle
men upon any question, because | be-
lieve every man on that committee is
an able lawyer. But l believe that ev-
cry man in this Senate has it due tc
himself to understand the questions of
law which we are about to pass, In
order that when we go back home we
may intelligently interpret these laws
to our constituents, and if we sit here
on matters of law, on the changes OF
the great body of the law. and do not
know and do not understand what we
vote upon, then we are not doing our
duty by ourselves or our constituents.
So. as one member of this body, | well
come any discussion of any matter on
which any committee to which l be-
long has presented any report, al
81, ha nj, If il ic IN he
law, to affect all the people of our
State. It does not mean that we do not
have faith in a committee because we
discuss reports. 1t means We desire TO
Use intelligence in our actions, ana we
are only exercising that right for
which we We're sent here and perform
ing the duties for which we were
elected.
am very glad to acknowledge one
thing from the distinguished senator from
5Androscoggin, and that is that this Leg
islature is doing good, honest, honorable
work for the people of the state OF Maine.
And if this discussion has brought moth
ing else it is worth while from the dis
tinguished senator, because you and
believe that this is a remarkable LeglS'
Iature and that it viii perform remark
able things And i for one, as a member
of the majority party, thank the distin-
guished gentleman for his kind remarks.
Now regarding the point at issue. The
federal law from a casual reading of it
applies only to common carriers, because
the United States is limited 10 inter
state commerce and to common carriers.
The United States, unless it had some
rule of it's own would be bound by the
law of every state in which cases were
tried There is no federal common law.
The United States is bound on cases in
the State of Maine by the law of Maine.
In the state of New Hampshire. Is
bound by the law of that state. 1t has as
many common laws as there are states
in the Union, and therefore it is slowly
compiling a sort of code for itself an
taking upon itself the responsibility of
deciding those questions over which it has
control But this law is not based on
common carriers; it goes to the small en-
ployer. 1t goes to the mill man and to
everyone and l believe that the law as it
stands at the present time is good, safe,
sound and sane. 1t may not be progress
sive 1t may not be up to date to say
that we should not demand proof beyond
reasonable doubt to convict man of
crime or misdemeanor.
We might follow the example of
some European countries and be pro-
gressive, but | do not believe Maine
should change. | do not believe we
should make it any easier for men to
get into court than it is, today. l be-
iieve we should not promote litigation
or make it any easier to get verdict,
and the court of Maine is honorable
today, and those who practice before
that court will go on record that we
have faith in the honor and justice
of the court. whether they decide for
or against it.
| believe the foundation of our
modern government is the strength we
put behind the supreme court of our
State, and the honor we attribute to
their decisions. And the moment we