Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-03-14

stand upon the floor of this House and
be called upon to defend that action
and defend the Constitution of tho
State against the assaults of CONNER
cial interests Of Bar Harbor. or any
where else. | believe the people meant
what they said. | ask you, gentlemen
who believe in the referendum how you
are going To reconcile your conscience
to vote in such Il manner that the eff
feet of that constitutional provision OF
the initiative and referendum shall be
nullined2 If you do not believe in it
if there is anybody here who does not
believe in the initiative and referen :
dun. | ask YOU what you are going to
say 10 your people at home who be-
lieve in it when they ask you why.
in the interests of livery stables, and
garages, and land owners in Bar Har-
Dor YOU have nullifed the law and the
Constitution of the people, today?
What are you going to say to them
when they ask YOU why you did it?
l have no interest in this thing do
not care anything about automobiles
in Bar Harbor. | have not special
matter of legislation before this House,
and have not had this session: and
am Speaking solely in the interest of
what | believe is the interest of the
people of this State. and in defence of
the sancity of the Constitution of our
state. \ gentleman in the Senate in
debate. yesterday-a member of the
Ear u lawyer. | suppose. ii member
OF the Bar-said that we wanted an
elastic Constituton-an elastic Consti-
tntioni- SO that you can do, gentlemen.
today, one thing If expediency demands
1t, and, tomorrow, if expedcncy de-
maEds ii. YOU can 10 Just the reverse
You should have no constitutional re-
Strasnts at all upon your conduct pro ;.
vided IL interferes with Your personal
affairs and your pocketbook: and he
said further that he was willing to leave
constitutional questions To one senator
ana to the gentleman in the House. I
suppose, as / have made a few remarks
upon that question he meant me. Now
| do not pose as Il constitutional law
yer. | am a plain country lawyer, do
ing a simple, small law business for a
simple, small clientage. l am not a
constitutional lawyer. or very good
lawyer any way: but | am lawyer
enough to know what every layman on
the floor knows.-that the Constitution
prohibits you to apply the referendum
except in cases where it affects the
public peace. health or safety There
is no doubt about what ii means. Il
seems to be a terrible reproach to
speak in defense of the Constitutional
law. and IL gentlemen have the hardi-
hood to do it they are said to pose as
constitutional lawyers, 1t used to be
a term of dignity. Men all through
history have embedded themselves in
their country's history because they
Were the defenders of the Constitution.
The Immortality of Daniel Webster
rested largely upon the fact that he
was the great defender of the Con-
stitution and believed in living up to
ii. to its principles. and to its rules.
Now, then, let me ask you, before you
vote upon this question suppose YOU
had said to your constituents,-the
men who elected you'll do not believe
in the referendum, and when | get to
Augusta the very first item some gen
tleman comes up who has got finan-
cial deal on and wants to hurry the
thing along l will vote to tack an
clause on that bill so as to
get il out from the jurisdiction of the
initiative and referendum: and sup
pose YOUR opponent said | do not be-
lieve in anything of that sort 1 be-
lieve in standing by the Constitution
Do YOU believe you would have been
elected? Would not the other fellow
have been elected? Now your con-
stituents will talk about this little
later.
Early in the session we had a Con-
stitutional question discussed. and
there was a difference of opinion as
to the meaning of some language in
the Constitution, and the gentleman
from Phillips (Mr Austim who adj
dressed you the other day insisted
that we should obey the Constitution.
l agreed with him. and | voted with
him. From his standpoint. the gentle
man ON the other side had different
Interpretation: and he said Yes, we
should obey the Constitution, but I
interpret it this way, and YOU inter-
pref il that: but the gentleman on
The other side. | will say to his credit.
did not have the hardihood to say We
should read into the Constitution any
thing of that sort if It was not there
by the construction Of the language in,
it, But the gentleman from Phillips
comes in here and tells you that on
this little automobile bill from Bar
Harbor that we should read into the
Constitution of the people inaddltlon
20 the words public peace, health and
safety" the words public welfare"
Now ! am sorry that the gentleman
from Phillips has gone back on me.
aim sorry he is asking YOU to do some.
thing which he said earlier in the ses-
sion we should not do; and | wac in
hopes | might have the friendly sup
port of the gentleman from Augusta
who did not ask me to do such a ridic
lilous thing as reading something new
into it.
Now | am about through, gentlemen.
stand right here on this principle.
There is not a man in this House, no
matter what you pride yourself to be,
that does not know that this bill does
not comes under the emergency clause
of the Constitution. If YOU want to
tear the Constitution to pieces | shall
have to submit to it, | suppose; and
| suppose if you do, II Will then be in
ored for me to introduce a resolve to
,.;ooau in full Wa should