Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-07

senting Mr.. Moulton. and will have the
entry made upon the record and all
rights preserved that can be preserved
by the presiding officers.
Attorney General WILSON: And l will
also call the attention of the presiding
officers, as | recall the rule. that they
do not adopt the rules of practice and
pleading; 1t Is only the rules of evidence.
The SPEAKER: 1t should be men
| toned possibly that these rules as a
matter of fact follow the presidents, and
that in similar case in the 18th Legis-
lature similar rules were adopted. except
I'that in that Legislature no debate was
allowed after the hearing; by this rule
debate is allowed in either House after
hearing; otherwise the rules follow those
fof two Years ago very closely
/ Mr. PATTANGALL: | would suggest
/ to tile presiding officer that If the rules
adopted are adopted with the idea that
this is a judicial body, we would like TO
have our objections to those rules appear
, on the grounds stated. that in no judicial
body yet existing, outside of this one. is
/, there a presiding judge from whose rul-
. ing no appeal can be taken; it, on the
! other hand this body sits as a legislative
body. we know of no Legislative body on
earth. except this one. which has fixed
] the rule which forbids an appeal from
| the ruling of the Chair: so that either
way. whether you sit In judicial
capacity, We would like to have it appear
| OH record that your rules are absolutely
unique.
The SPEAKER: OF course all the OBJ
| servations made by counsel will appear
on the record; the ruling is that the mo-
| ton shall be overruled
| Mr. PATTANGALL: Brother CULVER
| makes a suggestion, and / think it is of
value, and I would like to present it very
briefly. Assuming that these proceed
ings partakc of the nature of judicial
proceedings, it is suggested that some
arrangement should be made. either by
rule or by ruling of the Chair or by vote
| of the convention, by which members of
the convention who are not present when
the evidence is heard should not vote.
In support of that suggestion 1 would
say that if you are sitting In a judicial
capacity the absurdity is apparent to
lawyers and to laymen, that jurymen
should deliberate and decide a case that
| they had never heard and / suppose
you are sitting at least in somewhat
| judicial capacity, and we would suggest
not an amendment to the rules because
of course we cannot amend them, but
that some order of some sort might be
adopted by the convention, if the conven-
ton yet has power to adopt any order,
providing that the vote should be taken
by members who are actually present
during the trial of the case, and that a
record be kept of the attendance SO that
that matter might be made part of the
record.
The SPEAKER: The matter of
whether or not members should vote
would have to be considered later, either
by the convention or by the two bodies
separately, and it doubtless will be con-
sidered al that time. The matter of a
record of attendance is a matter that
the Chair is compelled to confer upon.
Does the gentleman (Mr. PattangalD
request that record be kept now?
Mr.. PATTANGALL: Just to preserve
our rights upon that particular point.
The PRESIDENT: The presiding Of
ficers want to make sure what the re-
quest of the gentlemen representing Mr..
Moulton was. Is the request that a
roll-cal be had?
Mr.. PATTANGALL: 1t is, if you
please. Mr.. President that roll-call be
had and that the attendance be noted,
so far as it changes from time to time,
so that We may be able, in case of me-
cessity, to present to some court some
where the fact, if it appears that men
voted upon this question without having
heard the evidence.
The PRESIDENT: The presiding Of
ficers are inclined to feel that the re-
quest, so far as it pertains to a roll-cal
of the convention at the present time,
should. be granted, if insisted upon; and
the presiding officers will take all means
within their power to see that the at
tendance is kept up, and that record
is kept of it.
Continued on Page Four.)
Only One "Bromo Quinine"
That is LAXATIVE. BROMO QUININE.