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

States postmasters were allowed to
hold seats in that body?
Thomas Sands of Lyman, Willard H
Woodbury. of Minot, stephen Parsons
, of Edgecomb, John Burgin of East
port, Joseph Howard of BrownfieId,
| Daniel Brown of Waterford Went
worth futile Of Canaan
| l adve cited these men from the Leg
islature of 1924 simply because I nave
at hand the United States Register
for mat year. An examination of local
records would show, I believe. that
tour erandfathers never intended to
i Keep postmasters away from the Leg
islatare.
Yours very truly.
| GEO. T. LITTLE.
Brunswick, Maine, Jan Is, 1913.
I submit, gentlemen that letter as
authority Now, VIC have living in the
! State of Maine, today, one of the most
| learned jurists that this State can
| boast one of the closest students of
the Constitution that there is in the
ccuntry. today. the honored ex-Chief
Justice of the supreme court of Maine
| the Hon. Lucilius A Emery. whose
judgment every man is glad to ac-
cept as almost the final word. if not
the final word, on the Construction of
the Constitution Of this State; and /
beg leave to read to you the opinion
| of our ex Chief Justice in the follow
ing language:
The Opinion of Former Chief Justice
Emery on Right to Seat
Very soon after adjournment of the
Legislature. Tuesday morning, the
question Of the meaning OF the phrase
post officers excepted" employed in
the Constitution. was submitted by
telephone to Hon. Lueilius A. Emery,
ex-Ghief Justice of the supreme judi
eial court, Tuesday evening. Judge
Emery telephoned the following state
ment. which we give in his exact Lam
guage
II much doubt the ACCESSIBILITY of
your quoting me, since to do 50 would
probably only inflame those of a diff
ferent opinion, and make them more
determined to adhere to their own. If
you think best. however, you may say
you inquired CT me my opinion as to
whether the phrase post officers ex-
eepted' in the 18th Section refers to
military officers of a military post or
to civil officers in the postal depart
ment, and l answer that / think it
clear it refers to the latter class
It seems to me, gentlemen of this
House. that these opinions from these
men Of such eminence in their walk
of life are entitled to consideration, and
taken in connection with the records
here presented are absolutely conclu-
- Va 10 RIGHTS nf these
gentlemen here to hold their seats.
Now one personal word about the
case under direct consideration, that
of the gentleman from Ripley He Is
postmaster at West Ripley; he ac-
copied that position for the purpose OF
accommodating a little hamlet there
and not for the profit or emeiamehes
of the office. He is large and sue
eoSsful business man, and ne receives
what compensa ton there Is from the
cancellation of stamps, and he prooa-
bfv furnishes half of his own salary
in those cancellations. This question
was talked about in the papers ana
nobody believed that anybody tf1ed 20
spring this thing upon the Legislature,
and they thought it was all newspaper
talk. and Mr.. Farrar thought II there
was any question about ft-and that
was before the Legislature met-tnat
he wanted TO get it right, ana ne
wanted to be exactly right about IL
he consulted eminent legal authority,
and was assured that there was MOTH
ing in it, and that he had the highest
legal and the highest moral right to
serve in this body: and therefore MS
resignation was not rendered as he
contemplated rendering it if there was
any doubt about his position.
Further than that, gentlemen. per-
nit me to say that Mr.. F'arrar was
one of the most active Progressives
in Somerset county; he distributed all
the Progressive literature that was dis
tributed in his vicinity at his own ex-
pense; he was a worker believing IN
the principles of the Progressive party;
and it was all well and good until 1t
was discovered by these men who had
this wicked purpose in mind; that he
intended to do what he conceived to
be his duty and vote for Edwin c.
Burleigh, there was no trouble about
that. Do you imagine, Mr.. Speaker
and gentlemen of the House, if it had
not been understood that Mr.. Farrar
WAS SOlllS W NOtS loi i1p"iii - 1'A
leigh, the gentleman from Augusta |
(Mr Newbert) and his associates
would ever have discovered he was a |
postmaster. any more than they dis |
covered it in the case of the gentle |
man from Rangeley (Mr. Mathieson) |
Now l am going to leave that propo-
sition there, because l promised to adj
dress you for only moment or two, |
but / do want to say a few words. l /
want to say to my friend from West |
brook (Mr. Scates) whose friendship |
I have valued and whose friendship I |
still value, when he comes to consider
this question as to whether under this |
ffimsy pretext we shall remove these |
gentlemen from their seats, | say to
my friend, "In Gods name, don't do ,
it, say to the gentleman from
Augusta (Mr NewberD before he stig-
matizes all the honest people in !
Maine. Repent and receive absolu- !,
ton" The gentleman from Augusta
and myself / think agree in many of
the views on religious subjects, but
how liberal we may
be away down in our boots, we have
nm opinion TINT we had better be