Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-01-23
MAINE LEGISLATURE.
Continued from Page six.)

er, | think ii is unnecessary to call the
! yeas and nays.
Mr.. SMITH of Presque Isle: Mr.
I Speaker, | withdraw the motion
1 The SPEAKER: The question is upon
| the motion by the gentleman from
| Presque Isle to indefinitely postpone this
| order. Those in favor of this motion will
| rise and stand until counted The mon
| itors will return the count
| One hundred and twenty-six voted in
the affirmative. None opposed
The SPEAKER: One hundred and
twenty-six having voted in the atfrna-
tive and none opposed, the motion to in
definitely postpone prevails.
The SPEAKER: The next matter which
comes up by special assignment is the
order introduced by the gentleman from
Skowhegan, Mr.. Marston, in substance
asking for the opinion of the justices of
| the supreme court on the question.
Mr.. SCATES of Westbrook: Mr.. Speak
er, l stood in this seat last Wednesday
and made proposition to the gentlemen
of this House to hold the election of q
United States senator in allegiance until
we could get decision of the justices OF
| the supreme court. Now in view of that
| fact l would move that that order be re-
ferred to the committee on rules.
The SPEAKER: And the gentleman
from Westbrook moves that this order be
! committed to the committee on rules Is
the House ready for the question?
Mr. AUSTIN of Phillips: Mr.. Speaker.
/ would like to ask the reason why the
gentleman from Westbrook asks for such
a disposition of the order. No doubt he
| has good reason, but l did not under
stand him to state it.
Mr. SCATES: Mr.. Speaker, my reason
| was that the committee on rules can con-
slider the order and report to the House,
and then the House can vote upon it,
Mr.. AUSTIN Mr. Speaker. /. as you
all know. have lain bleeding in the dust
/ for several days 0aughter1. and am now
| just able to get on my feet. and will not
take a great deal of your time as I am
| feeling rather weak. 1t seems to me
that the House is present here In suffi-
| cient numbers tonight to give this very
! important matter due care
| Now the matter appeals to me person
ally like this: We have had condition
| in this State. prevailing for the pas,
| week, which has not prevailed for past
three decades We have had a portion of
against another portion, claiming that the
occupants of four of the seats In this
House have been unqualified to hold them.
| that they could not, owing to the pro-
visions of the Maine Constitution, be
properly elected and seated.
Now, if the time of solemnity has gone
| by, If this matter has been cleared up TO
the satisfaction of ALL for one hesitate
| to take the ground that it has been clear
| ed up for all time And I think it would
| be we'll, and would conserve the public
welfare, to get at this time an opinion
| from the supreme court of our State, not
perhaps for the guidance of the present
| House, but for the guidance of future
| Houses. and for coming generations.
| l think this matter has caused bad feel
ing and trouble enough for this House.
so that we better smooth the way for our
| successors Therefore, l for one very
much hope we shall proceed to the con-
| sideration of the order now laid upon the
| table.
| Mr.. NEWBERT of Augusta Mr.. Speak
er and gentlemen of the House, l am not
so sure about this reference 20 the COM
mittee on rules, but l am positively sure
about my own feeling about referring
this matter to the court After full uis-
cussion, gentlemen, and plenty of time,
| this House has determined by its vote
this question. And I believe, and think
you will agree with me, that this is the
proper tribunal to so determine it.
| 1t seems to me to be unfair to the SUI
preme court of Maine to put up to it ia
| this time this question that has divided
! parties on this floor, and which tonight
! divides parties throughout this State. My
J own personal opinion would be that a
/ better reference of the question would be
I a reference to the people. Whatever our
fathers may have Observation-Disclosures the
term post may mean--the peo-
| Pile of this State will never believe 1t
means this thing or that, and they Will
think about it after the supreme court
gives an opinion to this House. Whatever
they may have thought in the old days,
! I believe if YOU go to the towns and cit
! les and visit the men upon the streets,
! nine out of 10 will say that it is better
now that postmasters under the federal
government shall not sit in this House.
| And the better solution of the matter
from my standpoint would be to submit
a resolve to be voted on, next September
amending the constitution by striking out
the words in dispute, Notwithstanding the
! action taken here tonight
! The SPEAKER: The question is
jupon the motion of the gentleman
( from Westbrook, that this matter be
/ committed to the committee on rules.
/ Is the House ready for the question?
Mr.. SMITH of Pressure Isle: Mr..
! Speaker / have not very much to say,
but / am inclined to agree with the
gentleman from Skowhegan and the
gentleman from Phillips, that in some
way the matter ought to be presented
to the justice of the supreme court
and see whether or not '.postofficefs"
means postmasters, as used in the
! Constitution of the State of Maine.
| And with that idea, with that thought,
it seems to me that the better meth
cd would be to let the order introduced
by the gentleman from Skowhegan
take its regular course and the opin-
ion of the justices be asked, and
then, as stated here, the question
would undoubtedly be settled for all
coming generations